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Posted

Hi, I am the beneficiary of a K1 visa that is yet to hear a NOA2, not until at least 4-5 months. My fiance/petitioner doesn't meet the minimum income so we looked at other people who could sponsor. One of the options is my uncle who does makes more than enough, additionally he is a LPR, he and his family are living in NY for about 10 or so years, me an my fiance would be living in FL. He now told me that his daughter (my cousin) is filling for AOS in about 1 or 2 months and needs a joint/co-sponsor too, so he is likely sponsoring her first. He (my uncle) file taxes as married and (If I am correct) the only dependent in his household, is his wife so given the HHS Poverty Guideline 2018, we could be counting with a household of 4. He, his wife, (joint-sponsored) daughter and me. Using the 125% he does make more than the current HHS Income Guideline. So

 

  1. As long as he makes enough, is it possible? i864 now (for my cousing) and then i134 later on in a few months (for the K1)?

  2. Am I calculating correctly in this instance?

  3. Would it be any issues, like for her (my cousin) AOS petition later on?

 

Yes. I am aware that if I enter on a K1, within 90 days I have to summit another i864 for the AOS too... And I was just notified about this now, before filling for K1 only with me he had agreed to sponsor. I need to know in case we would have to find someone else.

I'd appreciate your answer.

Filed: K-1 Visa Country:
Timeline
Posted
24 minutes ago, DrBloke20 said:

 

 

Yes. I am aware that if I enter on a K1, within 90 days I have to summit another i864 for the AOS too...

Incorrect. You have to get married within 90 days of your arrival. You can submit AOS any time after that. 

Filed: K-1 Visa Country:
Timeline
Posted
7 minutes ago, adil-rafa said:

for the K1 you  only 100 % to sponsor and your finance

 

Not completely true. Technically you only need 100% to sponsor the visa, but afterwards to submit AOS you need 125%. Having said that, the 100% requirement at the interview level is really up to the embassy in question. Some embassies don’t accept 100% and just go with 125% because I guess the way they see it is you’re gonna have to file for AOS and be at 125% so they don’t accept it. 

Posted
1 hour ago, TNJ17 said:

LPRs can’t sponsor K1s. Need to be a USC to sponsor a K1. 

 

1 hour ago, TNJ17 said:

Incorrect. You have to get married within 90 days of your arrival. You can submit AOS any time after that. 

 

*gasp* I think I explained myself wrong, or else you are misunderstanding what I explained. But this post is referring to financial sponsorship, where the terms co-sponsorship or joint sponsorship (as included in OP) are relevant. This is assuming everything about a K1. (As pointed out in OP) I am being petitioned by a USC, and of course I know I have to get married within 90 days. How would I file for AOS without marriage?

Filed: K-1 Visa Country:
Timeline
Posted
9 minutes ago, DrBloke20 said:

 

 

*gasp* I think I explained myself wrong, or else you are misunderstanding what I explained. But this post is referring to financial sponsorship, where the terms co-sponsorship or joint sponsorship (as included in OP) are relevant. This is assuming everything about a K1. (As pointed out in OP) I am being petitioned by a USC, and of course I know I have to get married within 90 days. How would I file for AOS without marriage?

You don’t have to submit AOS within 90 days. You just have to be married within 90 days. 

Posted
5 minutes ago, DrBloke20 said:

Might add to OP as well. His daughter is applying for AOS based on marriage from a USC too, but not from K1 or spousal visa. I think she has been out of status for some years for overstaying an ESTA, and soon she is filling for AOS.

Is AOS an easy thing to get if they overstay their ESTA?  I thought that is a denial.  Also, the K1 sponsorship is not enforceable, the AOS sponsorship is.  Make sure that they make enough to support ALL people involved as the government can collect from the AOS co-sponsor.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

Posted
5 minutes ago, John & Rose said:

Is AOS an easy thing to get if they overstay their ESTA?  I thought that is a denial.  Also, the K1 sponsorship is not enforceable, the AOS sponsorship is.  Make sure that they make enough to support ALL people involved as the government can collect from the AOS co-sponsor.

I really don't know much, either an ESTA or visitor visa, I know she has been out of status for a few years. I am just putting in there if that could potentially be an issue for either of both. So Am I calculating the correct numbers? 4 people - $31,375 or more? (According to most recent HHS PG made public yesterday). He doesn't have any dependent. He files taxes as Married so I guess, his wife is the only dependent. 

Posted
Just now, DrBloke20 said:

I really don't know much, either an ESTA or visitor visa, I know she has been out of status for a few years. I am just putting in there if that could potentially be an issue for either of both. So Am I calculating the correct numbers? 4 people - $31,375 or more? (According to most recent HHS PG made public yesterday). He doesn't have any dependent. He files taxes as Married so I guess, his wife is the only dependent. 

Odds are the overstay will impact future petitions and the AOS.  The family that is sponsoring has to be included too.  If it is a husband and wife and they are supporting 4 people the total would be 6 people or a minimum of $40,725.

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

Posted (edited)
34 minutes ago, John & Rose said:

Odds are the overstay will impact future petitions and the AOS.  The family that is sponsoring has to be included too.  If it is a husband and wife and they are supporting 4 people the total would be 6 people or a minimum of $40,725.

No lol, by 4 people I mean. Him, his wife, the would-be joint-sponsored daughter and me at the time of the K1 interview.

Edited by DrBloke20
Posted
1 minute ago, DrBloke20 said:

No lol, by 4 people I mean. Him, his wife, the would-be joint-sponsored daughter and me at the time of the K1 interview.

I misunderstood.  I thought the question was whether he can sponsor two beneficiaries.  Sorry.

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY. 

 

 

IMG_5168.jpeg

 
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