K1 - Affidavit of Support I-134 - Unemployed

[SH_KY 3]

Hello everyone!, new here. I have been lurking around for the last few days and finally made an account to ask a few specific questions I've been unable to find.

 

A little background, me (would-be beneficiary) and my partner (U.S. Citizen), have been together for 9months, never met yet, this August will be the first time. Thanks for video calling we keep ourselves in contact every single day since we started dating, we share most of our free time/lives each other on video call, literally an entire day if possible, we both know our families and get along as well, and for sure we love each other. She (U.S Citizen) is unemployed and still living at her dad's home. Due a health condition (some disability) she is unable to work or make it difficult for her to work now. She is also under some government benefits (like food stamps). Last time she worked was like a year ago so due the current climate, I've decided is better for me to visit her (or keep visiting her) under a B2-tourist visa. I have tried a few times recently and because I am young (we're both 23yo) and was temporally unemployed ( in my country), it's difficult to get approved. Now having a better job and showing better ties, I hope I can get approved. Regardless if approved or not we still plan to meet this August.  We have been looking into a K-1 visa petition/application for later on after we met for the 1st time. Since she clearly doesn't have any income and is already using government benefits, she doesn't meet the minimum income requirement so a joint/co-sponsor would be necessary to meet that requirement. Even though she still lives with her dad, her dad is unemployed but still have assets like house(s)/car(s), but I am really not sure if he can meet that requirement either.  So here are my questions. I'm enumerating them in case anyone only know the answer for one or two:

 

1) Firstly and a little unrelated, would it affect that I have been previously denied on B2 visa for the future K1 application?

 

2) I have read the joint/co-sponsor can be any permanent resident/US Citizen, over the age of 21. Me (the would-be beneficiary) have families (legal permanent residents; cousin, uncle, ect) that do have an income and met that requirement, however they are not related at all to my partner (US Citizen). Is it possible she can use any/them as joint/co-sponsor for both, the initial I-134 and later on the AoS (i-864), affidavit of support? is that even valid? even if they live states away from where she lives. (She is from KY and they're from NY/RI/FL).

 

3) She still would be the main sponsor. In case of her not having any income, should she still provide any documents in her corresponding i-134/i-864?

 

4) Out of curiosity, what does constitute being a public charge, like doing what exactly? so I know what I should possibly stay away from.

 

5) This should be a asked in another section of the forum, but if anyone knows the answer, would be appreciated too. I also did read some consulates do NOT support a joint/co-sponsor for the K-1 i-134 Affidavit of support. Does anyone know if the Santo Domingo consulate does?

 

The answers would be really appreciated.

[Ash.1101 1,756]

1.) Prior visa denials won't affect it unless it was for something like misrep. Make sure to not lie on any of your applications or what you say to the interviewing officer, it can come back to bite you.

2.) They don't have to be related to the petitioner, we had to use two cosponsors, my mother, and one of our mutual friends that is of no relation to either of us other than friendship. I live in Texas, our friend lives in Washington.

3.) She would have to provide everything she could. If she didn't file taxes, she would just have to write a statement as to why she didn't file. In her case, probably due to making under the required limit.

4.) You using any means tested benefit like medicaid and such. Ideally, you don't want to use anything the government provides, but different states have different laws as to what you can and can't use. Honestly in my house, the only "government benefit" that is in this house is that my daughter receives SSI for disability, but we won't ever apply for food stamps or medicaid, our goal is to be on the government as little as possible, so we just work hard.

5.) Some don't but yours should. Note that if they feel that you will become a public charge even with one cosponsor that makes the limit, you may be asked for another. Like I said above, my daughter receives SSI, so until my husband (at the time fiance) came down here, I wasn't working and hadn't so I could take care of my daughter. Because I was unemployed due to having to care for my daughter, the CO considered my fiance at higher risk of becoming a public charge, and even though our first cosponsor (my mother) made more than enough, the CO still asked for a second cosponsor as insurance that my fiance wouldn't become a public charge. Now, my husband works over night and I work during the days, it's hard, but there's always someone there with my daughter and we're doing pretty well now.



As for using assets, you're better off not if you don't have a job. You have to have AT LEAST 3 times the amount of money that you didn't make in assets. So in this case if her father tried to cosponsor for you, and his daughter is NOT a dependant on his tax returns, he would have to show he had 60,900 in assets. If his daughter is his dependent on his tax returns then he'd have to prove 76575.

When it comes to things like houses and cars, they have to be appraised by an appraiser. The appraiser has to sign a form and officially appraise it, it can't just be a guess or a kelly-blue book car value. 

Here are the income limits for this year:  https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

The household is the sponsor, any tax dependents or children under 18, and the foreign fiance. Ideally, you want the person to meet the 125% as that's used for the AOS and some CO's will use that instead of the 100% which is TECHNICALLY suppose to be used for the I-134.

Edited May 21, 2017 by Ash.1101

[geowrian 22,338]

1. If you were denied for immigrant or suspected work intent, then it should not matter for a K-1. The only potential issue is if it looks like you are visa shopping / desperate to the get to the US.
2. Yes, they are valid sponsors for both the I-134 and I-864. The only potential issue is COs have discretion to permit or reject a joint sponsor. They generally accept them for DR, though, so I wouldn't worry. And they definitely will accept them for the I-864 for AOS.
3. Yes, she is still the primary sponsor and needs to submit the affidavits, including tax returns (or a valid reason for not being required to file).
4. Here's a list of some of them, but individual states may have alternate programs or names and rules for them. So you can't just say "it's not called food stamps" but functions the same way. For instance, California's Medi-Cal program is a form of Medicaid.
   https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html
5. As noted above in my reply, DR COs generally accept a joint sponsor. The final decision is at the discretion of the individual CO.

[SH_KY 3]

First. Thank you so so much both of you for the fast and detailed response, really appreciated.

 

17 minutes ago, Ash.1101 said:

1.) Prior visa denials won't affect it unless it was for something like misrep. Make sure to not lie on any of your applications or what you say to the interviewing officer, it can come back to bite you.

2.) They don't have to be related to the petitioner, we had to use two cosponsors, my mother, and one of our mutual friends that is of no relation to either of us other than friendship. I live in Texas, our friend lives in Washington.

3.) She would have to provide everything she could. If she didn't file taxes, she would just have to write a statement as to why she didn't file. In her case, probably due to making under the required limit.

4.) You using any means tested benefit like medicaid and such. Ideally, you don't want to use anything the government provides, but different states have different laws as to what you can and can't use. Honestly in my house, the only "government benefit" that is in this house is that my daughter receives SSI for disability, but we won't ever apply for food stamps or medicaid, our goal is to be on the government as little as possible, so we just work hard.

5.) Some don't but yours should. Note that if they feel that you will become a public charge even with one cosponsor that makes the limit, you may be asked for another. Like I said above, my daughter receives SSI, so until my husband (at the time fiance) came down here, I wasn't working and hadn't so I could take care of my daughter. Because I was unemployed due to having to care for my daughter, the CO considered my fiance at higher risk of becoming a public charge, and even though our first cosponsor (my mother) made more than enough, the CO still asked for a second cosponsor as insurance that my fiance wouldn't become a public charge. Now, my husband works over night and I work during the days, it's hard, but there's always someone there with my daughter and we're doing pretty well now.



As for using assets, you're better off not if you don't have a job. You have to have AT LEAST 3 times the amount of money that you didn't make in assets. So in this case if her father tried to cosponsor for you, and his daughter is NOT a dependant on his tax returns, he would have to show he had 60,900 in assets. If his daughter is his dependent on his tax returns then he'd have to prove 76575.

When it comes to things like houses and cars, they have to be appraised by an appraiser. The appraiser has to sign a form and officially appraise it, it can't just be a guess or a kelly-blue book car value. 

Here are the income limits for this year:  https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

The household is the sponsor, any tax dependents or children under 18, and the foreign fiance. Ideally, you want the person to meet the 125% as that's used for the AOS and some CO's will use that instead of the 100% which is TECHNICALLY suppose to be used for the I-134.

I have seen your post on other threads, your situation is almost similar to my partner. I'm glad to hear you could use two co-sponsors that are not related, or at least one. 

 

4) That's exactly way I think about it. I personally by any means, don't want to fall into a public charge nor use any government benefits. I really wish I could support her better, so she doesn't remain under government benefits like food stamps. 

 

5) They asked you a second co-sponsor prior an interview or before issuing the visa?

 

18 minutes ago, geowrian said:

1. If you were denied for immigrant or suspected work intent, then it should not matter for a K-1. The only potential issue is if it looks like you are visa shopping / desperate to the get to the US.
2. Yes, they are valid sponsors for both the I-134 and I-864. The only potential issue is COs have discretion to permit or reject a joint sponsor. They generally accept them for DR, though, so I wouldn't worry. And they definitely will accept them for the I-864 for AOS.
3. Yes, she is still the primary sponsor and needs to submit the affidavits, including tax returns (or a valid reason for not being required to file).
4. Here's a list of some of them, but individual states may have alternate programs or names and rules for them. So you can't just say "it's not called food stamps" but functions the same way. For instance, California's Medi-Cal program is a form of Medicaid.
   https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html
5. As noted above in my reply, DR COs generally accept a joint sponsor. The final decision is at the discretion of the individual CO.

1. The very likely reason is not showing strong ties to my home country. I am young, stopped college and had not a good job so it make it very difficult to get approved on those circustances. But I understand what you mean. 

 

This is pretty much what I needed. I hope it can be helpful for other visitors. Thank you so much again for the detailed response. Very helpful!

[Auds 223]

and this is not visa related but you both are young and have never met - visa issues are for later perhaps.  Marriage is a long long time commitment.  Believe me all the Skype conversations on earth do not compensate for being together.

 

Take your time.

[Ash.1101 1,756]

10 hours ago, HS_ky said:

First. Thank you so so much both of you for the fast and detailed response, really appreciated.

 

I have seen your post on other threads, your situation is almost similar to my partner. I'm glad to hear you could use two co-sponsors that are not related, or at least one. 

 

4) That's exactly way I think about it. I personally by any means, don't want to fall into a public charge nor use any government benefits. I really wish I could support her better, so she doesn't remain under government benefits like food stamps. 

 

5) They asked you a second co-sponsor prior an interview or before issuing the visa?

 

 

This is pretty much what I needed. I hope it can be helpful for other visitors. Thank you so much again for the detailed response. Very helpful!

4.) She's allowed to be on benefits as a USC, they just don't want you too. There is a silly line where you have to start asking yourself "Do I benefit from these food stamps" because you probably would. I know if for some reason we did this, I wouldn't tell my husband "No! You can't have THOSE cheetos! Those were bought with food stamps!" LOL

5.) They asked my fiance for a second co-sponsor at the interview. The CO told my husband (fiance at the time) that everything looked great, and we came with more proof than most people do but that he "just had a feeling" about my husband becoming a public charge and told him "Everything looks great, but I'm worried about the income, so if you could just find another person to cosponsor, then you'll have the visa approval". My husband had the visa within 6 days of sending in the information they asked for, which was near record time for almost anyone lol. I do believe the CO when he said that he was worried about my husband being a public charge, I was a stay at home mom and hadn't been able to work and couldn't work until he got here, but I also believed the CO when he assured my husband everything would be fine, just get another cosponsor. At first I was pissed, now from looking at it, it was the right thing to do probably, the CO was honest.

But yes, at the interview, the CO -COULD- just ask for another cosponsor, they'll give a 221g with considerations (not to be confused with 221G the denial), and on the paper it'll show marked "1-134 form and supporting documents from cosponsor", you'll have a year to find someone and they will tell you how to get the information back to them.
We had our friend mail me the hard copies of things, she emailed me copies of them for my records, and then I overnight mailed it to my husband and he sent it to them via courier.


One of the reasons I do try to warn people who are unemployed or are disabled/have a disabled family member to take care of, is because before the interview I didn't know another cosponsor was an option. Most people on VJ would just say (at the time) "Just get someone who makes more than the required and your fine! Don't worry about it!" So we did just that, and then comes the interview and my poor husband calling me crying because... well we just hadn't been versed in consular discretion yet. Now, since this has happened to a hand full of people, more people are talking about consular discretion and how it can be used ESPECIALLY on the finances.

My case though is not the "normal" situation, most people get by as long as their cosponsor makes enough. It just depends on how much the CO knows about your fiances situation and how that will play into the CO wondering about you becoming a public charge.

[SH_KY 3]

On 5/21/2017 at 3:41 AM, Auds said:

and this is not visa related but you both are ...

I do understand where you're coming from, I was even wondering how long we will wait for that after the first meet up. We for sure do love each other but we're not planning going for it right away. We're just doing some early research and I just have the feeling the unemployment situation wont change any time soon.
 

15 hours ago, Ash.1101 said:

4.) She's allowed to be on benefits as a USC, they just ...

4) haha but yeah I already suspected that was one of the way to make use of them.

 

5) It seem like in our situation, it would be advisable to count on two co-sponsors, even if that is still at consideration of the CO, would increase the odds of approval. I truly appreciate the warnings and you detailed responses. Very helpful you have been! can't stress enough how thankful I am for you help!

[Angelarose 0]

Hi I have a question, my fiance just got out of the military this April and I might have my embassy interview in May or June. Since he earned 12,000 from Jan-Apr 2019 does that mean he only need 4,910x3 to meet the minimum income requirements (for 2 dependents) or the computation is going to be 16,910x3 since he's unemployed on the day of my interview? We really need help. Hope you can help us regarding this. Thank you. 

[aaron2020 11,651]

1 hour ago, Angelarose said:

Hi I have a question, my fiance just got out of the military this April and I might have my embassy interview in May or June. Since he earned 12,000 from Jan-Apr 2019 does that mean he only need 4,910x3 to meet the minimum income requirements (for 2 dependents) or the computation is going to be 16,910x3 since he's unemployed on the day of my interview? We really need help. Hope you can help us regarding this. Thank you. 

Once he's unemployed, he has no income.  You can't count the $12,000 earned from a job he no longer has.  It's  $16,000 x 3 = $48,000.  He has to show that he had the money for at least 6-12 months.  It can't be a sudden deposit into his account.