I-134 and actual income requirements (in prep for I-864)

[Ash.1101 1,756]

So after being corrected on the forums, I'm now curious on how the co-sponsoring actually works.

This is for both I-134 and I-864 since obviously if we're getting married on K1 we plan on getting my fiance a green card.

I guess my issue is, is on the guides it says it's okay if I don't make adequate income because I can just get a co-sponsor who does. Does that mean the co-sponsor has to make above the I-864 guide lines or would they look at both our incomes and combine the two.

The reason I'm asking is that alone, I can't support my fiance. Ironically enough if he can come here and work he can support us no problem as he has a degree and is a workaholic, we'd have a two income house and we'd easily together make over the poverty level. I was hoping that me doing a I-134 showing I make about 10k a year and my mom co-sponsoring showing she makes 23k a year would be good enough since the minimum is 25k for a household of 3, which is what we would become after we get married since I have a daughter, but would that also be good enough for the I-864?


If that's not how this works then do I essentially need to find a co-sponsor that does make more than 25k a year with no dependants and just not have my mom co-sponsor? Is there a point to multiple co-sponsors if none of them meet the limit? My dad does have six figures on the medium-high end just sitting in his bank account, but he has no income as he was just laid off, and tbqh he's the only person I can think of that has enough money to do anything, but the lack of income could be what hurts us.

I'm asking this for future reference too as who ever I have co-sponsor on the I-134 would also be the people joint-sponsoring on the green card form I-864. Obviously I wouldn't want him to be able to come here, marry me, and try to stay only for us to get bottlenecked into him having to leave because we could have four people who want to joint-sponsor that make 22k a year, but none make more than 25k a year.

At that point it'd just be better to withdrawl the I-129F and just get married and him go back and work in canada and do a I-130 versus coming here and quitting his job and potentially getting sent back to no job and then we're both out of luck.

Prior experience with less than steller financial means would be great!

Edit: ALSO if we're better off just withdrawling out I-129F and getting married and doing a I-130 after he flys back to his home, how do we get married here in the states since that was the plan? Can he just come in on a visitor visa and us get married as long as he proves he will be going back? Is there a special method of coming into the states for a week and then leaving again?

Edited May 22, 2015 by ash1101

[Ash.1101 1,756]

Since I couldn't edit, I did want to add that he was coming here with 15k-17k that he's saved up, he was just going to transfer it over to me when the time came, and it wouldn't show up as a red flag as we both share in our incomes since we feel that we should as an engaged couple, we were planning on living on that along with my job until he could work, but if for some reason they did say we're good to go on the K-1 financial part but then NOT good to go on the AOS financial part, how long would we have to find someone that could joint sponsor? Obviously we don't want to eat out of all of the savings since he's been working since he was old enough to work and worked hard for it, so we also want to avoid a situation where we're stuck in AOS limbo because we can't find a joint-sponsor.


Edit: and if anyone asks, the only reason I essentially don't just go to canada is because of my daughter. Reasonably speaking my fiance could support the both of us with his current job, but my daughters biological father is in her life and I don't feel comfortable moving her away from him and then the fact that he wouldn't be alright with that either. He also isn't able to care for her 24/7, more so just watch and play with her for a few hours, she's special needs and for the most part he wouldn't be able to do sole-custody even if it was for a small bit.

Edited May 22, 2015 by ash1101

[Cody and Daisy 373]

I was hoping that me doing a I-134 showing I make about 10k a year and my mom co-sponsoring showing she makes 23k a year would be good enough since the minimum is 25k for a household of 3, which is what we would become after we get married since I have a daughter, but would that also be good enough for the I-864?

This bit isn't right.

your mom would have to make enough alone, not combined with yours. So that's 25,112 a year by herself.

Also does your mom live with/ responsible for anyone else? Because they would be counted in the household size also.

Also I don't believe your mom would sponsor you or your daughter.

The co-sponsor is required for the immigrant and then his or her own household.

This might help -http://www.uscis.gov/sites/default/files/USCIS/Resources/F3en.pdf

Also- k1 only requires 100% of the poverty line, AOS requires 125%, which is why it's more.

You'd have until you file AOS to get a sponsor with 125%.

Edited May 22, 2015 by Cody and Daisy

[Jo Së 200]

Both incomes will not be added to meet poverty guidelines, if petitioner does not meet guidelines than the cosponsor will have to show proof that he/she does without including your income.

edit: grammar

Edited May 22, 2015 by Jose&Eli

[Ash.1101 1,756]

Mmk, that's what I was trying to figure out.

And no, my mom doesn't have any dependants or household members. I'm the petitioner so she doesn't have to sponsor me or anything and we (my daughter and I) don't live with her, it was just figuring out what to do in the case of my fiance who would be coming here since atm we don't really know anyone who has no dependants and makes more than 25k a year, and it won't be possible for me to do it at the moment because of having to care for my daughter when I'm not working and she's not at school. Even with what I make now, even at full time I wouldn't make more than 17k a year, and I'm part time.

Looks like I'll be having to find another co-sponsor then that can meet the limit before the visa interview (and with how California's going it'll be sooner than later), that sucks.

Thanks for the info guys.


Edit: The only reason I'm looking ahead for the AOS guidelines is because who ever co-sponsors for the K-1 visa would be the same people who did it for the AOS, obviously if they don't meet it for the AOS, there's honestly no point of having my fiance quit his job, come here, get married, and then potentially removed because we don't have anyone that could meet the AOS, and I can't gaurentee we could find someone that could. If anything, we might as well just get married, him go back up and keep on working until we can find someone and just do a CR-1.

Edited May 22, 2015 by ash1101

[Ash.1101 1,756]

So just to make sure the limits of 25112$ for three people in the house hold include myself and my daughter (both US citizens) and then my fiance/husband. Only asking because there seemed to be some confusion that we were being sponsored as well, while there's only one immigrant coming into a house of two US citizens. If I understand correctly, the household is simply based off of the people living in the house regardless of status.

Also, if I do find a co-sponsor, would that make the requirement needed 4 instead of three? Does the co-sponsor/joint-sponsor get included in the household number simply because they're co-sponsoring? Meaning, if I was primary sponsor, and it would be myself, my daughter, and my fiance/husband living in the home, but we had a co-sponser/joint-sponsor, would the limit be based off of a four people household? (Only asking because logic would say that the co-sponsor's income should take into consideration them taking care of themselves lol)

At this point I'm just trying to get all my ducks in a row, it'd be my luck I find someone who can make enough for a household of three, but then actually need to make enough for four lol..

To make it more simple, I essentially just need to find ONE person that makes more than 25112$ a year to be a co-sponsor and then joint sponsor later on for AOS? Yay or Nay?

Me-petitioner
daughter- petitioners daughter
Fiance/future husband - the immigrant/K-1 visa holder
+ co-sponsor that does not live with me or have dependants

= 25112$ a year requirement?

Edited May 22, 2015 by ash1101

[racheal&david 108]

A co-sponsor only sponsors the intending immigrant, not the entire family. If you alone sponsor then you must have enough income for a three person household, but a co-sponsor can be a single person with no dependants etc and only need to meet the income requirement for a two person household. USC Co-sponsors don't need to sponsor fellow USC because they have access to benefits whereas the intending immigrant doesn't. That's my understanding of it anyway, from reading and asking questions on this forum. If I'm wrong feel free to correct me

Also, you or any co-sponsor can use savings, assets etc to bridge the gap between the income you get and the income requirement.

Edited May 22, 2015 by racheal&david

[Ash.1101 1,756]

So if my mom was to co-sponsor my fiance/soon-to-be husband, then they'll only look at the guideline for 2 people since it would only consider her (my mom) and him (my fiance)? So us living together (myself, my daughter (we're both USC), and fiance) wouldn't make it a household of three, since my mom has no dependents, it would only consider my mom and him as the "household" since she would be responsible for only him?

If this is true that's amazing. I'd love more input to know if it's correct or not!

I'll probably try to call and find out if this is correct or not when ever I get some time off to do so, but if my mom does co-sponsor and it only considers her and him on the income limits and NOT myself and my daughter then we're good to go! My mom makes about 23k a year, the two household minimum is 19k.

Edited May 22, 2015 by ash1101

[racheal&david 108]

So if my mom was to co-sponsor my fiance/soon-to-be husband, then they'll only look at the guideline for 2 people since it would only consider her (my mom) and him (my fiance)? So us living together (myself, my daughter (we're both USC), and fiance) wouldn't make it a household of three, since my mom has no dependents, it would only consider my mom and him as the "household" since she would be responsible for only him?

If this is true that's amazing. I'd love more input to know if it's correct or not!

I'll probably try to call and find out if this is correct or not when ever I get some time off to do so, but if my mom does co-sponsor and it only considers her and him on the income limits and NOT myself and my daughter then we're good to go![/quote

The USC petitioner is always the sponsor regardless of income whether working or not so you will have to provide what income and/or assets you can for your household of 3. The co sponsor does the same, whatever their household count plus the immigrant they'll be sponsoring.

Again, you and your daughter don't need sponsorship as you are US citizens.

[KayDeeCee 4,893]

The co-sponsor has to make enough for their own household size plus the intending immigrant. They would not count you, the USC petitioner, or your USC daughter, unless they claimed either of you as dependents on their taxes. You are signing to sponsor the immigrant. The US citizens do not require any sponsorship.

If mom has no dependents, then she needs to make enough for a household of 2, herself and the beneficiary.

For the K-1 visa, she would supply an I-134 and supporting documents. After you marry, she will supply the I-864 and supporting documents. Her income is more than enough for a household of 2.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

[Ash.1101 1,756]

Awesome. So i know to still do all the same stuff my mom will in terms of what is needed for the I-134 and I-864, in my case I won't make enough to meet the requirements for my household, which is why my mom is going to cosponsor.

my mom as a cosponsor def makes enough for herself and my fiancé.

Thanks to yall so much. This gets so confusing sometimes.

Edited May 22, 2015 by ash1101