Federal aid and financial support

[dsldesch 27]

I've read the guides/FAQs, searched the forums, and I have not yet found a definitive answer for some questions I have regarding former (and current) receipt of government aid and sponsorship requirements. I know this can be a sensitive issue, so in an attempt to avoid arguments and insults as I've seen in the past, I'm going to provide an explicit timeline of my family's situation before asking any questions. I'd like to thank you all in advance for helping to keep this a civil discussion about facts, not opinions.


TIMELINE

1. In 2004 my parents separated (later divorced), which forced my mom, myself, and my siblings into Section 8, public housing. At this time, I was 15 and still in school. We also began receiving Food Stamps, and I was on Medicaid until I turned 18; my mom, still being eligible, remained on it longer.

2. My mom attended school while working part-time to become a Certified Nursing Assistant. She graduated in 2006 or 2007 and began working, but due to illness had to take a leave of absence. Although her job had said she would be able to return, they didn't let her, and so she became unemployed.

3. In 2008 the economy crashed and demand for CNAs plummeted. My mom was able to get a few jobs over the following years, but ultimately was no longer as employable as she had been when she graduated and few lasted longer than a couple of months.

4. In 2009 I began attending a community college and began working as an on-campus tutor as soon as I could; at this time I also began working at my synagogue's religious school.

5. After remaining unemployed for some time, in 2011 my mother decided to return to school to complete her BS in Nursing.

6. In 2012 I graduated with my associate degree and transfered to a university, where I have continued to work on campus in various jobs. I am currently a senior, but as part of the requirements for an honors program I belong to, classes I'm taking this year may count as my first year of grad school, so I hope to take one additional year and graduate with my master's in May 2016. Since I only work part-time on campus, I do not meet the sponsorship requirements; additionally (if this may be important), none of the benefits my family has received were in my name since my mother had filed for all of them.

7. This past May my mother graduated and has been working as an RN at a hospital since then. Because she had been previously unemployed, we qualify for a program through Section 8 that they will not count her first year of income toward our rent to help us get back on our feet; we are looking for alternative housing options, but nothing has come through yet. She is no longer on Medicaid since we have insurance through her job, and we no longer receive SNAP benefits (Food Stamps). Additionally, since she had been unemployed at the time, she was not required to file taxes last year. Her annual salary is $41,000, but since she's only been working since May this entire ammount will not be reflected on this year's tax returns. If possible, she plans to co-sponsor my fiance.


QUESTIONS


A. Will the fact that our address is public housing be grounds for an automatic denial by USCIS?

B. The FAQ for K1 visas mention that people who have received a "lifetime" of aid or have "no plans to work actively" may lead to denial on accounts of the likelihood of the beneficiary becoming a public charge. However, both of these terms are inherently vague: does my family qualify as a receiving a lifetime of aid? Clearly we're working or in school intending to work, so will this automatically show "plans to work actively," or would an additional statement be required?

C. I filed my taxes as an independent last year, so assuming my mother can be our co-sponsor, would she need to meet the poverty level for a household of 3 (herself, my younger brother, and my fiance) or 4 (plus me)?

D. Given the above, and the fact that my mother's income on her taxes will not be at the full $41,000 (and may be close to the required minimum, depending if I'm counted or not), would it be best to find a second co-sponsor?

E. I know processing times variy immensely, but assuming my family's situation won't be grounds for denial, how soon would it be safe to file the I-129f, so we'll have IRS tax transcripts by the time we need the I-134?


FINAL REMARKS

In reading similar threads, it seems like a pair of comments always come up: "Why is anyone not able to support themselves bringing a fiance here?" and "Why should my taxes pay for everyone else if I'm not getting anything out of the system?"

The second question isn't relevant to this site, so I won't make any remarks about it, but if you're interested in my opinion as someone who's been on the receiving end of federal aid, I welcome (polite) personal messages. (Blatant insults may not receive a reply; I'm here to learn, not to argue.)

In regards to the second question, I need only ask, "Would you rather struggle with the ones you love, or struggle while they're halfway around the world?" In my situation in particular, my family is transitioning off federal aid, and it's only a matter of "can we file now, or do we need to wait another year until it's fully behind us?" Clearly, if we can file now, we'd much rather be together than keep waiting. I hope this may answer some questions and help stave off the venomous arguments I've seen develop in the past. I really do value the helpfulness of this forum, and I hope you're able to lend me the guidance I need.

Darren

[Luxylux 0]

I've read the guides/FAQs, searched the forums, and I have not yet found a definitive answer for some questions I have regarding former (and current) receipt of government aid and sponsorship requirements. I know this can be a sensitive issue, so in an attempt to avoid arguments and insults as I've seen in the past, I'm going to provide an explicit timeline of my family's situation before asking any questions. I'd like to thank you all in advance for helping to keep this a civil discussion about facts, not opinions.

TIMELINE

1. In 2004 my parents separated (later divorced), which forced my mom, myself, and my siblings into Section 8, public housing. At this time, I was 15 and still in school. We also began receiving Food Stamps, and I was on Medicaid until I turned 18; my mom, still being eligible, remained on it longer.

2. My mom attended school while working part-time to become a Certified Nursing Assistant. She graduated in 2006 or 2007 and began working, but due to illness had to take a leave of absence. Although her job had said she would be able to return, they didn't let her, and so she became unemployed.

3. In 2008 the economy crashed and demand for CNAs plummeted. My mom was able to get a few jobs over the following years, but ultimately was no longer as employable as she had been when she graduated and few lasted longer than a couple of months.

4. In 2009 I began attending a community college and began working as an on-campus tutor as soon as I could; at this time I also began working at my synagogue's religious school.

5. After remaining unemployed for some time, in 2011 my mother decided to return to school to complete her BS in Nursing.

6. In 2012 I graduated with my associate degree and transfered to a university, where I have continued to work on campus in various jobs. I am currently a senior, but as part of the requirements for an honors program I belong to, classes I'm taking this year may count as my first year of grad school, so I hope to take one additional year and graduate with my master's in May 2016. Since I only work part-time on campus, I do not meet the sponsorship requirements; additionally (if this may be important), none of the benefits my family has received were in my name since my mother had filed for all of them.

7. This past May my mother graduated and has been working as an RN at a hospital since then. Because she had been previously unemployed, we qualify for a program through Section 8 that they will not count her first year of income toward our rent to help us get back on our feet; we are looking for alternative housing options, but nothing has come through yet. She is no longer on Medicaid since we have insurance through her job, and we no longer receive SNAP benefits (Food Stamps). Additionally, since she had been unemployed at the time, she was not required to file taxes last year. Her annual salary is $41,000, but since she's only been working since May this entire ammount will not be reflected on this year's tax returns. If possible, she plans to co-sponsor my fiance.

QUESTIONS

A. Will the fact that our address is public housing be grounds for an automatic denial by USCIS?

B. The FAQ for K1 visas mention that people who have received a "lifetime" of aid or have "no plans to work actively" may lead to denial on accounts of the likelihood of the beneficiary becoming a public charge. However, both of these terms are inherently vague: does my family qualify as a receiving a lifetime of aid? Clearly we're working or in school intending to work, so will this automatically show "plans to work actively," or would an additional statement be required?

C. I filed my taxes as an independent last year, so assuming my mother can be our co-sponsor, would she need to meet the poverty level for a household of 3 (herself, my younger brother, and my fiance) or 4 (plus me)?

D. Given the above, and the fact that my mother's income on her taxes will not be at the full $41,000 (and may be close to the required minimum, depending if I'm counted or not), would it be best to find a second co-sponsor?

E. I know processing times variy immensely, but assuming my family's situation won't be grounds for denial, how soon would it be safe to file the I-129f, so we'll have IRS tax transcripts by the time we need the I-134?

FINAL REMARKS

In reading similar threads, it seems like a pair of comments always come up: "Why is anyone not able to support themselves bringing a fiance here?" and "Why should my taxes pay for everyone else if I'm not getting anything out of the system?"

The second question isn't relevant to this site, so I won't make any remarks about it, but if you're interested in my opinion as someone who's been on the receiving end of federal aid, I welcome (polite) personal messages. (Blatant insults may not receive a reply; I'm here to learn, not to argue.)

In regards to the second question, I need only ask, "Would you rather struggle with the ones you love, or struggle while they're halfway around the world?" In my situation in particular, my family is transitioning off federal aid, and it's only a matter of "can we file now, or do we need to wait another year until it's fully behind us?" Clearly, if we can file now, we'd much rather be together than keep waiting. I hope this may answer some questions and help stave off the venomous arguments I've seen develop in the past. I really do value the helpfulness of this forum, and I hope you're able to lend me the guidance I need.

Darren

Hi Darren,

I'm probably not in the best place to answer any of your questions being a bit of a newbie myself so I won't attempt to do so...

but if you allow me I would just like to say well done to you and your mother for putting in the hard work and not losing hope to turn your situation around.

And a million of mazels for managing to do so. This takes a lot of strength and I personally find your story very inspiring.

I really hope that others on this forum will give you encouraging answers and I wish you and your fiancé a lifetime of happiness! (and best of luck to your mother in her job!)

[Boiler 46,312]

Your situation is not that relevant. The person sponsored is the one that has limited access. If you can not meet the sponsorship requirements you can use a co sponsor.

[dsldesch 27]

Your situation is not that relevant. The person sponsored is the one that has limited access. If you can not meet the sponsorship requirements you can use a co sponsor.

In this case, once my mom has her tax returns for this year, would it matter that she didn't earn her full annual income if a letter from her employer states her annual income? Our biggest concern is, given when she began this job, she might not have earned enough to qualify for a household of four above $125 of the poverty line, even while her annual income will exceed the required amount by nearly $10,000.

Hi Darren,

I'm probably not in the best place to answer any of your questions being a bit of a newbie myself so I won't attempt to do so...

but if you allow me I would just like to say well done to you and your mother for putting in the hard work and not losing hope to turn your situation around.

And a million of mazels for managing to do so. This takes a lot of strength and I personally find your story very inspiring.

I really hope that others on this forum will give you encouraging answers and I wish you and your fiancé a lifetime of happiness! (and best of luck to your mother in her job!)

Thank you so much for your kind and encouraging response. I am touched by your words, and I appreciate you took the time to share them. Thank you.

[Boiler 46,312]

Current income is what counts to meet 125%

[dsldesch 27]

Current income is what counts to meet 125%

Thank you for your clarification, but I'm still not understanding what constitutes "current income." Please let me demonstrate with numbers:

Total annual salary: $41,000

125% poverty level (4 people): ~$30,000

Income earned in 2014 prior to filing taxes: ~$26,000

So is the current income $41,000 or $26,000? We don't want to find ourselves in a situation where we think we can sponsor my fiance if we can't and therefore need a second co-sponsor. I do apologize if this question is obvious or redundant, but honestly, I can't figure out the answer.

Edited September 17, 2014 by dsldesch

[kehills 217]

Current income is the paycheck she's receiving right now. The thing is, it doesn't really answer your question, because it's a discretion thing. Sometimes, it's a "we know people get new jobs, and her current paycheck and the statement from the company about her being in good standing, her annual salary, etc" is enough. Other times, they (seemingly at random) decide it's not good enough and they need more financial assurances.

Personally, I'd line up a second co-sponsor in case she's denied. BUT if you don't want the delay of an RFE, you could find a the other co-sponsor now and either file with both, or just the second co-sponsor, who covers your intended.

[d3adc0d3 186]

Thank you for your clarification, but I'm still not understanding what constitutes "current income." Please let me demonstrate with numbers:

Total annual salary: $41,000

125% poverty level (4 people): ~$30,000

Income earned in 2014 prior to filing taxes: ~$26,000

So is the current income $41,000 or $26,000? We don't want to find ourselves in a situation where we think we can sponsor my fiance if we can't and therefore need a second co-sponsor. I do apologize if this question is obvious or redundant, but honestly, I can't figure out the answer.

Her current salary with her current employer, Have the HR department write a letter stating when she started the job, what her salary is, whether the job is full time/part time, contract or permanent, and have her send the most recent paystubs to your fiance before his interview (or bring them with you, IIRC Juarez unofficially requires the petitioner to be present).

The previous years' tax returns should be included to display stability, but she can also include a photocopy of her nursing degree.

EDIT:

I went through a change in employment too - they only cared about my current income as in that exact moment, which jumped from 49.5k to 73.8k.

Edited September 17, 2014 by d3adc0d3

[IcezMan_IcezLady 582]

I applaud your courage to share all the extra detail.

But let me sound a caution here.

Could you wait a just a little bit for your mum or your family to find some stability first before you bring your fiance over?

Maybe I worry too much but I was so worried about my finances and how it would impact my fiancé that I postponed this K-1 petition until I found a good job. (Not the best in pay but we both can survive on my salary). Money has such a powerful force over human relationships that I dont it to be "in charge" of my relationship.

In short, all I want to point out is try all options available to you but don't forget to think about how your financial situation could affect your relationship with your fiance and your family also. Find out your mum's opinion. Then discuss with your fiancé.

I pray things look up and everything works out.

[KayDeeCee 4,896]

If you are not claimed on her taxes, then you are not counted in her household, so her count is 3. It is not based on what she made so far, or what she made last year. It is based on current income. That would be 41K. You provide a letter from employer and pay stubs to prove that amount.

Example> If she makes $20 an hour and works 40 hours a week, that would be $800 a week times 52 weeks = a current annual income of $41,600.

What assistance she received in the past is not asked about and will not matter for the I-134 at the K-1 interview. If she qualifies for housing, then she does. If she makes enough income to meet the requirement, then she does.

[dsldesch 27]

I applaud your courage to share all the extra detail.

But let me sound a caution here.

Could you wait a just a little bit for your mum or your family to find some stability first before you bring your fiance over?

Maybe I worry too much but I was so worried about my finances and how it would impact my fiancé that I postponed this K-1 petition until I found a good job. (Not the best in pay but we both can survive on my salary). Money has such a powerful force over human relationships that I dont it to be "in charge" of my relationship.

In short, all I want to point out is try all options available to you but don't forget to think about how your financial situation could affect your relationship with your fiance and your family also. Find out your mum's opinion. Then discuss with your fiancé.

I pray things look up and everything works out.

Thank you for your kind thoughts and words of caution. In our case, my mom does have a good job, it's just that she hasn't had it as long as some other people have had theirs and that, before this job, we had been on some hard times for quite a while. To wait until I have a comparable job could mean waiting in excess of two years if I'm accepted into the master's program, and neither my fiance, myself, nor my mother wants to see us wait that long. Thank you again.

Current income is the paycheck she's receiving right now. The thing is, it doesn't really answer your question, because it's a discretion thing. Sometimes, it's a "we know people get new jobs, and her current paycheck and the statement from the company about her being in good standing, her annual salary, etc" is enough. Other times, they (seemingly at random) decide it's not good enough and they need more financial assurances.

Personally, I'd line up a second co-sponsor in case she's denied. BUT if you don't want the delay of an RFE, you could find a the other co-sponsor now and either file with both, or just the second co-sponsor, who covers your intended.

Thank you for explaining this to me--it's very helpful to understand it's based on the adjudicator's discretion as well, not simply the forms/information we submit. If they feel we have inadequate sponsorship, do they deny the visa automatically (as was my perhaps-mistaken belief) or do they send an RFE?

Her current salary with her current employer, Have the HR department write a letter stating when she started the job, what her salary is, whether the job is full time/part time, contract or permanent, and have her send the most recent paystubs to your fiance before his interview (or bring them with you, IIRC Juarez unofficially requires the petitioner to be present).

The previous years' tax returns should be included to display stability, but she can also include a photocopy of her nursing degree.

EDIT:

I went through a change in employment too - they only cared about my current income as in that exact moment, which jumped from 49.5k to 73.8k.

Thank you so much for this clarification; it's very helpful, especially the part about photocopying her nursing degree, since she hadn't filed the year before because she was in school and had no taxable income. I haven't yet begun looking extensively at the requirements specific to Juarez, but on the embassy info page, it says the fiance cannot attend the interview. After I submit the I-129F and start looking ahead to the interview, how can I make sure I have the right information, especially if I'll need to coordinate travel for myself as well?

If you are not claimed on her taxes, then you are not counted in her household, so her count is 3. It is not based on what she made so far, or what she made last year. It is based on current income. That would be 41K. You provide a letter from employer and pay stubs to prove that amount.

Example> If she makes $20 an hour and works 40 hours a week, that would be $800 a week times 52 weeks = a current annual income of $41,600.

What assistance she received in the past is not asked about and will not matter for the I-134 at the K-1 interview. If she qualifies for housing, then she does. If she makes enough income to meet the requirement, then she does.

Thank you for making this clear to me, I greatly appreciate it. If I'm not claimed on her taxes and she's our co-sponsor, will it matter if my income is below the poverty level? Since I'm a student, I only work part-time because of that, but I can provide proof of my enrollment if necessary as well as a letter from my employer on campus to show that I'm working now and intend to work in a higher-paying job after I graduate.

[KayDeeCee 4,896]

Thank you for making this clear to me, I greatly appreciate it. If I'm not claimed on her taxes and she's our co-sponsor, will it matter if my income is below the poverty level? Since I'm a student, I only work part-time because of that, but I can provide proof of my enrollment if necessary as well as a letter from my employer on campus to show that I'm working now and intend to work in a higher-paying job after I graduate.

Just provide your own I-134 with your supporting documents. You can state you are a student. Your mom will provide her own I-134 and supporting documents: most recent tax transcript, letter from employer, and/or recent pay stubs. She should also provide proof of being a USC or LPR.