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HandmadeTurnip

Slightly worried about Affidavits of Support

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After reading through a lot of information and posts about the two Affidavits of Support needed for the K-1 process, I think my situation is okay but would appreciate it if you guys could read through what I'm planning to do and let me know if you think I might run into any problems.

My fiancee is self-employed and only earns around $11,000 a year after business expenses (according to her 1040). Luckily, her mother has agreed to co-sponsor me. Her gross salary is $25,400 but as she files her taxes jointly with her husband (who is self-employed), her 1040 says her total income is around $20,000. My understanding is that she needs to earn enough to support a 3 person household (her, her husband, and me), which comes to $25,200. As I've been told the London embassy will only want to see an employer letter stating her gross salary, am I right in thinking that they would accept her as a sponsor?

Also, if my fiancee's mother is deemed an acceptable sponsor at the embassy stage, will I also be able to use her when I file for Adjustment of Status? Or will the fact that I have to include her tax return create problems?

I've also read that joint sponsors can combine their incomes for the I-864 (but not the I-134), is this true? And am I right in thinking that in this case, my fiancee and her mother would then need to meet the requirement for a 4 person household instead, despite not living together?

Thanks for your help.

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London should accept Mom as the sponsor even though she is barely over the threshold. I feel like they would consider the fiancé income and even what you have in savings/assets. They are pretty easy and it is a subjective decision that you will not become a public charge.

Mom also qualifies as a sponsor for the I-864. She would have to provide good evidence of her separate income since the tax return does not show it. Read the I-864 instructions for the optional evidence to supply.

The instructions also explain how incomes can be combined when people live under the same roof. Your fiancé and mom do not live together so it is not possible to combine.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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London should accept Mom as the sponsor even though she is barely over the threshold. I feel like they would consider the fiancé income and even what you have in savings/assets. They are pretty easy and it is a subjective decision that you will not become a public charge.

Mom also qualifies as a sponsor for the I-864. She would have to provide good evidence of her separate income since the tax return does not show it. Read the I-864 instructions for the optional evidence to supply.

The instructions also explain how incomes can be combined when people live under the same roof. Your fiancé and mom do not live together so it is not possible to combine.

Do you know what the standard procedure is if they're not satisfied with a sponsor, either at the embassy or during Adjustment of Status? Would we be given the chance to find a new sponsor and then arrange a second interview, for example? Having everything come down to a subjective decision makes me very nervous, even if my chances are pretty good.

Also, should I bring evidence of my fiancee's income and my own savings if there's the possibility they might consider it? I was under the impression that they would never look at those when using a joint sponsor. I'm also a student so any savings I have at that point will be very limited, only a couple of thousand pounds.

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Do you know what the standard procedure is if they're not satisfied with a sponsor, either at the embassy or during Adjustment of Status? Would we be given the chance to find a new sponsor and then arrange a second interview, for example? Having everything come down to a subjective decision makes me very nervous, even if my chances are pretty good.

Also, should I bring evidence of my fiancee's income and my own savings if there's the possibility they might consider it? I was under the impression that they would never look at those when using a joint sponsor. I'm also a student so any savings I have at that point will be very limited, only a couple of thousand pounds.

At a London K1 interview, if you are missing anything (including having a sponsor) they send you on your way to fix whatever the problem is. Your visa process is paused. You send back the document or new sponsor they need along with your passport and they issue the visa. There is no second interview. I can't think of any K1s really who ever had a big deal made of the I-134. They are pretty easy. By subjective, I mean they look at the paperwork and say "yeah you'll be fine". if Mom is over, fiancé has a job, and you have a few thousand quid, he will say "yeah, you'll be okay and won't go on welfare." It does not take a lot to convince them.

If you are lacking something for AOS, you get an RFE letter saying fix it, get a new sponsor or whatever. You get a time limit around 80-something days to fix it. If you don't respond, the AOS is denied.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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At a London K1 interview, if you are missing anything (including having a sponsor) they send you on your way to fix whatever the problem is. Your visa process is paused. You send back the document or new sponsor they need along with your passport and they issue the visa. There is no second interview. I can't think of any K1s really who ever had a big deal made of the I-134. They are pretty easy. By subjective, I mean they look at the paperwork and say "yeah you'll be fine". if Mom is over, fiancé has a job, and you have a few thousand quid, he will say "yeah, you'll be okay and won't go on welfare." It does not take a lot to convince them.

If you are lacking something for AOS, you get an RFE letter saying fix it, get a new sponsor or whatever. You get a time limit around 80-something days to fix it. If you don't respond, the AOS is denied.

OK, thank you. :)

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