using sister as co-sponsor

[RICHARD RILEY 0]

I recently got married in April of this year and I have been living in the Philippines for the past three years. The problem I have is I don't meet the income requirement for the I-864 affidavit of support. I talked to my sister and she said it would be okay for me and my wife to move in with her to meet the I-864a requirement. I saw somewhere that I need to reside there for 6 months prior to filing the AOS. Will there be a problem if I have not moved into her household yet?

[Penguin_ie 5,993]

There is no waiting period and you wouldn't even need to move in with your sister.

Your sister needs to file the I-864, same as you.

[RICHARD RILEY 0]

I forgot to mention my sister is retired and does not meet the I-864P poverty guideline income limit. That is why I want to combine our incomes using the I-864A.

[Anh map 2,098]

I forgot to mention my sister is retired and does not meet the I-864P poverty guideline income limit. That is why I want to combine our incomes using the I-864A.

Your challenge will be to demonstrate that you are really a member of the same household. Not living at the same address or having any other type of financial ties may make the household claim difficult to prove.

It might be wise to find another sponsor that can meet the income requirements on their own. A sponsor can be any US citizen or green card holder.

[pushbrk 12,894]

The above, is correct, but concentrate on "evidence". There really is no "proof" issue. The words don't mean the same thing.

I would add that unless your current income would continue from the same source, once in the USA, you don't have any income to combine with your sister anyway.

[RICHARD RILEY 0]

The above, is correct, but concentrate on "evidence". There really is no "proof" issue. The words don't mean the same thing.

I would add that unless your current income would continue from the same source, once in the USA, you don't have any income to combine with your sister anyway.

My current income stems from a combination of social security, veterans pension and US Steel pension. I was just wondering if I should file for a K-3 visa since I would meet the 100% poverty level using an I-134 affidavit of support instead of the 125% of the I-864.

[pushbrk 12,894]

My current income stems from a combination of social security, veterans pension and US Steel pension. I was just wondering if I should file for a K-3 visa since I would meet the 100% poverty level using an I-134 affidavit of support instead of the 125% of the I-864.

The K3 visa is virtually obsolete and unavailable, but only delays the need for the I-864. It never eliminated it.

You'll need a qualified sponsor. How much is your income shortfall? Are your husband's liquid assets equal to at least three times the shortfall?

[RICHARD RILEY 0]

The K3 visa is virtually obsolete and unavailable, but only delays the need for the I-864. It never eliminated it.

You'll need a qualified sponsor. How much is your income shortfall? Are your husband's liquid assets equal to at least three times the shortfall?

I am $3061 USD short and have no liquid assets. I was hoping to arrive in the USA using the K3 and I-364 so I could make up this difference by finding a job. I realize I would have to eventually file the I-864 to adjust my wife's status to CR1 but if it is obsolete and unavailable I will have to find another solution. Thank you for your quick reply.

[pushbrk 12,894]

I am $3061 USD short and have no liquid assets. I was hoping to arrive in the USA using the K3 and I-364 so I could make up this difference by finding a job. I realize I would have to eventually file the I-864 to adjust my wife's status to CR1 but if it is obsolete and unavailable I will have to find another solution. Thank you for your quick reply.

No. Again, your not going to get the K3 visa by any methods known here. If you're married, it's going to be CR1 or IR1. You can get a qualified joint sponsor, or come back ahead of your spouse and get a job before filing the I-864.

In practice, Consulates have generally applied the 125% to the I-134 anyway, as they know the applicant will be immigrating. The I-134 is actually just a tool, so it's actual requirements have nothing to do with how Consular Officers make decisions on the public charge issue, for intending immigrants.

[RICHARD RILEY 0]

No. Again, your not going to get the K3 visa by any methods known here. If you're married, it's going to be CR1 or IR1. You can get a qualified joint sponsor, or come back ahead of your spouse and get a job before filing the I-864.

In practice, Consulates have generally applied the 125% to the I-134 anyway, as they know the applicant will be immigrating. The I-134 is actually just a tool, so it's actual requirements have nothing to do with how Consular Officers make decisions on the public charge issue, for intending immigrants.

Thank you so much for your help in clearing up this matter. Looks like I will be coming out of retirement and getting back into the old 9 to 5 shuffle there in the US. One last thing is if I will be able to do DCF in Manila before I leave my residence here.

[pushbrk 12,894]

Thank you so much for your help in clearing up this matter. Looks like I will be coming out of retirement and getting back into the old 9 to 5 shuffle there in the US. One last thing is if I will be able to do DCF in Manila before I leave my residence here.

Sure, just file before you leave.