What if my fiance makes more than me regarding the affidavid of support

[stevebzzzzz 0]

Hi,

 

Officially, I don't make enough money on my tax forms to meet the guidelines, but let's say for the sake of argument that she is granted the visa.  If she then becomes employed and makes more that the 125% poverty guidelines, will that suffice?  Or will I still be required to submit my own affidavit of support or get a cosponsor?  I ask this because I am on disability, and only officially make about 15,000 per year.  If she gets a job here making 30,000 per year, will I still need to file an affidavit of support?

 

What if we quickly got divorced?

 

Thanks in advance.

[geowrian 22,337]

A potential future job and/or employability is not going to suffice for the affidavit of support. They will require evidence that you are able to support the individual so that they will not become a public charge. You can use a co sponsor for the I-134 for the K-1 visa, if necessary (and the embassy/consulate permits this). Or, you can use assets in addition to income (at a 3x multiplier).

The applicant's income can be considered in some cases where the source of their income will continue from the same source upon entry into the US. The CO makes the final call based upon the totality of the circumstances.

You must provide an affidavit of support either way.

 

For the I-864 for AOS later (for the green card), you can use a joint sponsor if necessary.

She won't be allowed to work until she has an EAD, which is taking ~4-6 months from filing alongside AOS (after getting married). The I-864 is sent with the I-485, so she can't enter, find work, and then use that to qualify.

 

If you divorce before AOS completes (~7-18+ months), you can pull the I-864 and it will be denied, and she will be required to stay in the US illegally or return home. She cannot adjust status via anybody else in the US...she would have to leave the US and get a new visa.

If you divorce after AOS completes, she can remain in the US fine, and the I-864 obligations remain in place. She can do ROC on her own, and naturalize on her own.

[Sarah&Facundo 595]

If you are speaking about receiving the K1 via, she can not work legally for several months.

[stevebzzzzz 0]

Thank you all for your help.

[j&ana 363]

6 hours ago, stevebzzzzz said:

What if we quickly got divorced

that  a strange question to ask for a k-1 visa

[shumway1756 304]

11 hours ago, j&ana said:

that  a strange question to ask for a k-1 visa

I was thinking the same thing. Not the typical "I'm in love and ready to be married" statement. But hey, to each their own...

[Roel 7,192]

19 hours ago, stevebzzzzz said:

Hi,

 

Officially, I don't make enough money on my tax forms to meet the guidelines, but let's say for the sake of argument that she is granted the visa.

 

Lets say the USCIS will require you to either show your official tax returns and your official financial information or it will require you to have a joint-sponsor.

 

19 hours ago, stevebzzzzz said:

 

 

If she then becomes employed and makes more that the 125% poverty guidelines, will that suffice? 

It's going to be good for her to find a good job! Just be aware that once she arrives on K1 visa, she CANNOT work until she receive her work permit. That might be anywhere 3 to 6 months from the moment you file AoS.

 

19 hours ago, stevebzzzzz said:

 

Or will I still be required to submit my own affidavit of support or get a cosponsor?

You're always the MAIN sponsor.  Since you're fiance/wife won't be able to work prior to filing the AOS, you can't really add any of her income...

 

19 hours ago, stevebzzzzz said:

What if we quickly got divorced?

 

???????????????????

 

Then why do you even bother getting married if you're already thinking about divorce? If you get divorce prior to filing AOS, then your fiance has to go back home to her country.

[stevebzzzzz 0]

1 hour ago, Roel said:

You're always the MAIN sponsor.  Since you're fiance/wife won't be able to work prior to filing the AOS, you can't really add any of her income...

Yes I understand, but what happens if she lands a 50,000 yearly job as soon as she is eligible to work.  So in theory, she will be working there for one year or more by the time the green card interview arrives.  Will they then consider her income for support?  In other words, she wouldn't even need an affidavit of support?

[Roel 7,192]

1 minute ago, stevebzzzzz said:

  In other words, she wouldn't even need an affidavit of support?

I can't answer other questions, but she will need an affidavit from support from you anyway, it's part of the process and you're her sponsor and you gotta file that document.

 

Now it just sounds like you're trying to avoid signing that and have any possible financial responsibility for her.. <.<

[geowrian 22,337]

8 minutes ago, stevebzzzzz said:

Yes I understand, but what happens if she lands a 50,000 yearly job as soon as she is eligible to work.  So in theory, she will be working there for one year or more by the time the green card interview arrives.  Will they then consider her income for support?  In other words, she wouldn't even need an affidavit of support?

You file the I-864 at the same time as the I-485 for AOS. They won't grant the EAD allowing her to work until you already filed the I-864 and met the requirements.

 

Now if you filed the I-864, got an EAD, then lost your job SSDI or something and the IO wanted a new I-864 for some reason, then her income may be considered. But you would still need to provide an I-864 as the primary sponsor.

Edited June 18, 2018 by geowrian

[stevebzzzzz 0]

1 minute ago, Roel said:

Now it just sounds like you're trying to avoid signing that and have any possible financial responsibility for her.. <.<

No, actually I'm worried that my income won't qualify, and that I won't be able to find a joint sponsor.  I am disability SSDI, and I read elsewhere that SSDI income does not qualify since it can not be garnished if she goes on public welfare and they come after my money.  This sort of makes sense.

[old-fella 109]

As you started this thread for the sake of discussion therefore just asking few questions :

 

1. Have you met her in person?  (THIS IS ONE BASIC REQUIREMENT FOR K1)

2. How did you meet her?

3. What's her nationality?

 

Let me break your bubble. 

Let's say she comes here on K1. You get someone to be co-sponsor with you for her. Let's say she gets EAD (ignore the adjustment and settlement period in America). Do you think she will get a job right away and that too good paying? I came here with tons of experience and education but didn't get a job right away. I was pushing boxes in FedEx for a couple of months. Since Jan 8th I am in a job in my own field.  It's not so easy. Adjusting in the US is more complex than you thought. 

 

People in Asia, Africa (I am from Asia) have seen Hollywood America. They think we in America make like 15k a month or so and have everything easy. But when reality hits them, they break apart. I don't know another ethnicity, but Asian are very much a family person (so her family will always be her priority and she will always miss them)

 

And last but the least.. Why do you have a question about divorce even before getting married?

 

I am not accusing you or anyone. Just saying "marrying for financial benefit is a crime". I know one of such couple who got married and the guy came to the US in CR1 .. while their AOS they were grilled so bad. They had to hire a lawyer, spend tons of money and I know that the guy who came on CR1 left for home country but I don't know what consequences the US citizen faced. 

Edited June 18, 2018 by old-fella

[stevebzzzzz 0]

To answer your questions...

 

Yes, we met on the internet about 12 years ago, and I have visited her in the Philippines four times since then.  I agree with everything that you are saying. The sad thing is, is that I really don't love her nor am I attracted to her.  But I ask myself, isn't it better to have someone in my life than to have nobody?  I keep trying to get rid of her, but she won't let me.  Her interview is scheduled for August 26th in Manila.

 

Sometimes I wish I could just get her out of my life once and for all.  Like have all of her emails automatically sent to the trash, and delete my viber and Facebook accounts.

 

[old-fella 109]

13 minutes ago, stevebzzzzz said:

To answer your questions...

 

Yes, we met on the internet about 12 years ago, and I have visited her in the Philippines four times since then.  I agree with everything that you are saying. The sad thing is, is that I really don't love her nor am I attracted to her.  But I ask myself, isn't it better to have someone in my life than to have nobody?  I keep trying to get rid of her, but she won't let me.  Her interview is scheduled for August 26th in Manila.

 

Sometimes I wish I could just get her out of my life once and for all.  Like have all of her emails automatically sent to the trash, and delete my viber and Facebook accounts.

 

Sorry if I am brutally honest. I don't want to offend you but I am putting perspective in together for you to see. 

1. so you think she will come here to be with you. And you will have a person in your life. Let's say in another word "caretaker"
2. You have known her for 12 years and met 4 times. You don't feel for her. Do you think it's a good decision to proceed further? This whole process is a lot of work. 
3. She has no experience of US and you don't love her. Even with loving and caring couples who go through this process for love, the immigrant partner has tons of changes to deal with

I have heard some horror stories here. read through the VJ.  

 

At last, it's your decision, my friend. Good Luck

 

 

Edited June 18, 2018 by old-fella

[stevebzzzzz 0]

Thank you...I know...I am an emotional wreck.  I've already called the embassy twice to cancel the application...but then within hours I call them back and told them to cancel the cancellation, and that we were just having a fight lol