Questions about disabled petitioner filing for K-1 visa

[hedgemaze 49]

We're not filing yet, but I want to make sure that I have this all figured out before we do.

 

I (the American petitioner) am disabled and currently receiving social security disability benefits (which I will lose after getting married, but that's mostly beside the point here). Because I have been disabled since before I was old enough to work, I have no work history, and because I receive no taxable income, I do not file taxes. I'm worried about how this will look in our paperwork and if Immigration will deem it suspicious. I have a few questions here:

 

1. On the I-129F, should I explain the above in the "additional information" section? Should I write "unemployed" in the "name of employer" section?

 

2. When it comes time for the I-134, I do not meet the income requirements, but I have a relative who is willing to be a joint sponsor (co-sponsor? are those the same thing?), who can cover the required income amount in full. Do I also need to fill out the form, even though I make no taxable income? If so, should I put down what I get from social security as income?

(As a side note, money for fees/living expenses while my fiancee cannot yet work in the US will not be an issue. My fiancee works, has savings, I have some savings, and I have family who can help us.)

 

3. Is any of this complicated enough that we should seek out a lawyer, or does it seem like we'll be fine?

 

I'm probably overthinking all this, but I just worry. I'm anxious not to get anything wrong or give us any reasons to be denied.

[Just Paul 4,595]

Not an issue for the I-129F petition.  Use unemployed or disabled - whatever you are comfortable with.   For the I-134 you still need to have that for the interview along with your co sponsor's.   It is pretty straightforward and you don't really need an attorney.   Plus we will give you any advice here for free.

[SalishSea 18,091]

20 minutes ago, hedgemaze said:

We're not filing yet, but I want to make sure that I have this all figured out before we do.

 

I (the American petitioner) am disabled and currently receiving social security disability benefits (which I will lose after getting married, but that's mostly beside the point here). Because I have been disabled since before I was old enough to work, I have no work history, and because I receive no taxable income, I do not file taxes. I'm worried about how this will look in our paperwork and if Immigration will deem it suspicious. I have a few questions here:

 

1. On the I-129F, should I explain the above in the "additional information" section? Should I write "unemployed" in the "name of employer" section?

 

2. When it comes time for the I-134, I do not meet the income requirements, but I have a relative who is willing to be a joint sponsor (co-sponsor? are those the same thing?), who can cover the required income amount in full. Do I also need to fill out the form, even though I make no taxable income? If so, should I put down what I get from social security as income?

(As a side note, money for fees/living expenses while my fiancee cannot yet work in the US will not be an issue. My fiancee works, has savings, I have some savings, and I have family who can help us.)

 

3. Is any of this complicated enough that we should seek out a lawyer, or does it seem like we'll be fine?

 

I'm probably overthinking all this, but I just worry. I'm anxious not to get anything wrong or give us any reasons to be denied.

Just curious - what is your plan for supporting yourself and your immigrant fiance/spouse during the 6-8 months after arriving, before they can work in the US?  

[powerpuff 6,747]

9 minutes ago, Jorgedig said:

Just curious - what is your plan for supporting yourself and your immigrant fiance/spouse during the 6-8 months after arriving, before they can work in the US?  

I think the OP was pretty clear about that

31 minutes ago, hedgemaze said:

 

2. When it comes time for the I-134, I do not meet the income requirements, but I have a relative who is willing to be a joint sponsor (co-sponsor? are those the same thing?), who can cover the required income amount in full. Do I also need to fill out the form, even though I make no taxable income? If so, should I put down what I get from social security as income?

(As a side note, money for fees/living expenses while my fiancee cannot yet work in the US will not be an issue. My fiancee works, has savings, I have some savings, and I have family who can help us.)

 

[geowrian 22,338]

1 hour ago, powerpuff said:

I think the OP was pretty clear about that

The savings from each + family who can support them makes sense. The part about them working doesn't (they can't support themself during the period they can't work by working ).

 

1 hour ago, hedgemaze said:

I (the American petitioner) am disabled and currently receiving social security disability benefits (which I will lose after getting married, but that's mostly beside the point here). Because I have been disabled since before I was old enough to work, I have no work history, and because I receive no taxable income, I do not file taxes. I'm worried about how this will look in our paperwork and if Immigration will deem it suspicious.

It won't look suspicious. If you suddenly got a job before filing the I-134, it may look like you are just working until they approve the visa, but a lack of work history is not suspicious.

 

Whether or not you had taxable income is not the metric to determine if you were required to file taxes or not. Somebody who owes $0 (or even a refund) can be required to file a return. There's just no effective penalty for failure to do so. So I would just suggest to verify that you weren't required to file a return. Because while there may be no penalty, if you were required to file, you will need to take care of that before you will qualify as a a sponsor (discretionary on the I-134, but it's required for the I-864 used after entering on the K-1 visa). If you weren't required to file, then it won't be an issue.

 

The lack of income and work history would be factors in the overall public charge consideration. Their work history, age, education, health, etc. would be factors considered as well. More later on this.

 

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1. On the I-129F, should I explain the above in the "additional information" section? Should I write "unemployed" in the "name of employer" section?

I don't see a need to provide additional information there. Unemployed for current employment is fine.

 

Quote

2. When it comes time for the I-134, I do not meet the income requirements, but I have a relative who is willing to be a joint sponsor (co-sponsor? are those the same thing?), who can cover the required income amount in full. Do I also need to fill out the form, even though I make no taxable income? If so, should I put down what I get from social security as income?

(As a side note, money for fees/living expenses while my fiancee cannot yet work in the US will not be an issue. My fiancee works, has savings, I have some savings, and I have family who can help us.)

Strictly speaking, an I-134 is not required - by law or policy - from anybody for a K-1 visa. But typically, most COs want to see one from the petitioner even if there's no income.

 

After entering on the K-1 visa and filing for AOS, an I-864 will be required. An I-864 from you is strictly required at that point.

 

"co-sponsor" for I-134, "joint sponsor" for I-864. They're effectively interchangeable, but that's the terminology used with the forms.

 

Note that for both the I-134 and I-864, the CO and IO, respectively, will not only look at the minimum income level but the totality of the circumstances to determine if the alien is likely to become a public charge. This includes, in part:

* Having a sponsor with sufficient means to prevent the alien from becoming a public charge (again, not just minimum income levels)

See the FAM for the primary DOS factors considered for the visa: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

See the USCIS worksheet for an idea of positive and negative factors they consider for AOS (post-K-1 entry): https://www.uscis.gov/sites/default/files/document/policy-manual-updates/Appendix-TotalityoftheCircumstancesFramework.pdf

 

* The sponsor likely actually providing said support without enforcement of the I-864. Enforcement of the I-864 to compel reimbursement of benefits and/or provide support is a fallback/clawback measure. So the relationship between petitioner, alien, and sponsor is a consideration.  Like if there was a divorce, would that sponsor still provide support?

I'm not saying it will or won't be an issue in your case. Usually it's not a problem for a close relative or friend as a joint sponsor. It's just that you said "relative who is willing...", which could be anywhere from a close sibling to some distant aunt who can sign on paper but isn't really involved in the process.

 

 

Quote

3. Is any of this complicated enough that we should seek out a lawyer, or does it seem like we'll be fine?

Nothing you described makes me think a lawyer is needed here. It would just be sending the same paperwork and info to them, then hoping they are good at the game "telephone".

This doesn't mean don't get one either...you know your own comfort level and circumstances better than anybody here...but most people on this tend to DIY and the process is generally well within the means of DIY.

Edited July 22, 2020 by geowrian

[hedgemaze 49]

 

5 hours ago, Paul & Mary said:

Not an issue for the I-129F petition.  Use unemployed or disabled - whatever you are comfortable with.   For the I-134 you still need to have that for the interview along with your co sponsor's.   It is pretty straightforward and you don't really need an attorney.   Plus we will give you any advice here for free.

Thank you, this was straightforward and helpful.

 

5 hours ago, powerpuff said:

I think the OP was pretty clear about that

Thank you, I appreciate you stepping in to reiterate that. How we will support ourselves isn't a problem or what I was asking about. For anyone concerned: we are both continuing to save for our future and we are well aware of and prepared for what we will need. We aren't taking any aspect of this lightly.

 

3 hours ago, geowrian said:

The savings from each + family who can support them makes sense. The part about them working doesn't (they can't support themself during the period they can't work by working ).

I only mentioned that my fiancee is working to make the point that (as I said we're not ready to file yet) we're continuing to save for our future for the time being, and that, since she will be able to work in the US when she gets her AOS, she won't become a "public charge." I was just trying to be brief here, but yes, we do understand, and are prepared for, the fact that she can't work immediately with a K-1 visa.

 

3 hours ago, geowrian said:

Whether or not you had taxable income is not the metric to determine if you were required to file taxes or not. Somebody who owes $0 (or even a refund) can be required to file a return. There's just no effective penalty for failure to do so. So I would just suggest to verify that you weren't required to file a return. Because while there may be no penalty, if you were required to file, you will need to take care of that before you will qualify as a a sponsor (discretionary on the I-134, but it's required for the I-864 used after entering on the K-1 visa). If you weren't required to file, then it won't be an issue.

I'm not required to file a return (I have verified this over the years, and checked again just in case). People receiving SSDI are only required to file if they make over $25,000, and in other specific circumstances that don't apply to me.

 

3 hours ago, geowrian said:

* The sponsor likely actually providing said support without enforcement of the I-864. Enforcement of the I-864 to compel reimbursement of benefits and/or provide support is a fallback/clawback measure. So the relationship between petitioner, alien, and sponsor is a consideration.  Like if there was a divorce, would that sponsor still provide support?

I'm not saying it will or won't be an issue in your case. Usually it's not a problem for a close relative or friend as a joint sponsor. It's just that you said "relative who is willing...", which could be anywhere from a close sibling to some distant aunt who can sign on paper but isn't really involved in the process.

Thank you very much for all the information and resources, first of all!

 

The relative is an aunt who lives with me now (my fiancee and I will be living upstairs from her, in a different apartment in the same brownstone that my family owns), and she raised me since my mother died. She loves my fiancee and has known her for years. Her support would not be a problem.