K-2 sponsor

[Mumu 10]

My daughter and I received the EAD card and we are waiting for my daughter (soon 21) to come to the States after her interview in Paris.

We had a co-sponsor for us since my husband didn't fill the poverty line for the AOS.

He fills the requirement for the Visa process for my daughter since he can do that for 5 persons but not for her. And time is too short for checking if he can from his 2013 income.

I have two questions :

- Can a person who is disabled, living on Social Security, sponsor my daughter for the AOS?

- Can my husband sponsor my daughter since he couldn't sponsor us for the AOS?

Besides that, we need to hurry up because she has to receive her EAD card before she turns 21.

thank you for your answers

[aussie_jason 195]

I assume your daughter and yourself live with your husband so that would mean his household size would be 4 with the addition of your other daughter so the answer would be no to your second question. I don't know about your first question, although it would seem odd that a public charge (no offense intended or implied) would be able to sponsor someone so they don't in turn become a public charge.

[Mumu 10]

Oh ok and yes of course it's a bit odd... but of course I won't be a public charge since i have enough for years in advance...

[loladolly 51]

She meant that her and her daughter were co sponsored for the AOS and she wanted to know if because of this her husband could claim only the new arriving daughter (so 2) instead of 4 people. Or it doesn't change anything and he still has to claim a household of 4? In this case the arriving child will need a co sponsor as well for the AOS

I also don't think that someone on disability would be able to co-sponsor

Edited February 5, 2014 by loladolly

[aaron2020 11,651]

My daughter and I received the EAD card and we are waiting for my daughter (soon 21) to come to the States after her interview in Paris.

We had a co-sponsor for us since my husband didn't fill the poverty line for the AOS.

He fills the requirement for the Visa process for my daughter since he can do that for 5 persons but not for her. And time is too short for checking if he can from his 2013 income.

I have two questions :

- Can a person who is disabled, living on Social Security, sponsor my daughter for the AOS?

- Can my husband sponsor my daughter since he couldn't sponsor us for the AOS?

Besides that, we need to hurry up because she has to receive her EAD card before she turns 21.

thank you for your answers

1. Yes if the disable person has enough income and/or assets. No if the person is getting SSI which is welfare.

2. Without knowing your husband's household size, I-864 obligations, income, or assets, it's impossible to answer if he can be the sole sponsor.

Why does your daughter need her EAD by 21? The K-2 only requires her to be in the US before are 21.

[Mumu 10]

Sorry I was too busy to come back. Thank you for your answer.

1. I'll have to ask that person then.

2. Ok

She needs to have her EAD before her 21st because it's the law not just her presence but the papers done and received before her 21st birthday.

[aaron2020 11,651]

Sorry I was too busy to come back. Thank you for your answer.

1. I'll have to ask that person then.

2. Ok

She needs to have her EAD before her 21st because it's the law not just her presence but the papers done and received before her 21st birthday.

The requirement is that the K-2 must enter the US by age 21. There is no requirement that the EAD must be issued before her 21st birthday.

Look at recent rulings when you do a Google search.

[Mumu 10]

Oh ok. Thank you for the info. I was told she needed to have the EAD before the 21.

I'm going to look.

[Mumu 10]

This one is not really clear :

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter2-7.html

If Any of Your Children Will Turn 21 Soon

For your planning purposes, note that the children must remain unmarried and under age 21 right up to the day they enter the United States on their K-2 visas. Fortunately, if you alert the immigration authorities to an upcoming 21st birthday, they can usually speed up the processing for you. (Unfortunately, a law you may have heard of called the Child Status Protection Act does not protect children on fiancé visas from the loss of visa rights caused by their turning 21.)

But this one is :

There is often confusion regarding who is covered under the CSPA. Those under K-2 status should keep in mind that the CSPA is only applicable under certain circumstances.

If a child is between the ages of 18-20, a legal “step-parent/child” relationship cannot be established. Children in this age bracket can still adjust status once in the United States. However, they will not be protected under CSPA once they turn 21; this means that if status has not been adjusted by the age of 21, the K-2 visa will expire and the child will be required to return to his/her home country.

So she needs to file the papers before she turns 21 and receive her EAD. Anyway I won't be at peace until she gets this card!

there's a lot of links...

[aaron2020 11,651]

CSPA will not protect your daughter.

The k-2 requires her to enter the US before her 21st birthday.

There is absolutely no problem adjusting, getting AP/EAD as long as she enters the US before her 21st birthday.

Edited February 8, 2014 by aaron2020

[KayDeeCee 4,893]

- Can a person who is disabled, living on Social Security, sponsor my daughter for the AOS? <- Yes. As long as they have enough income and/or assets for their own household size plus the intending immigrant. Being disabled and on disability income does not in and of itself exclude someone from being able to sign an affidavit of support for someone.

- Can my husband sponsor my daughter since he couldn't sponsor us for the AOS? <- If he has enough current income and/or assets to meet the requirement for his own household size plus the intending immigrant, then yes.

[Mumu 10]

Thank you Jay-Kay.

What about if, once she has the EAD card, wants to move because she found a job in another state? Possible?

[KayDeeCee 4,893]

Yes. Just have to update the address with USCIS > http://www.uscis.gov/addresschange

[Mumu 10]

Oh so easy? I thought they had to wait until the Green Card...

Thank you for the link