Are Joint Sponsors Accepted in Manila?

[Pinay Wife 47]

I don't know why they just don't give a straight answer on this. My fiancee called the help center last week and I have to get the name of the person she talked too, and was told co-sponsers are not allowed for K1. I wanted to know because initially we'll be living with my parents for the first few months and then getting our own place. So I wanted to know if I needed a co-sponsor from my parents because we were living in their place. I'de call, but I'm sure whoever I talk to would give a different answer. I'm just gonna ask them to do a co-sponsor and if the interviewer asks for it at least my fiancee will have the papers. Play it safe.

The straight answer is that it's hard to overcome the public charge provision of the law if petitioner's income is insufficient. While US embassies in other countries readily accept co-sponsors, Manila is a different matter all together. They are very tough on the I-134.

The only reason I can think why Manila Embassy says that co-sponsors are not allowed for K1 is that a big majority that use co-sponsors (maybe 95%) are denied the visa. In my two years in VJ and other immigration forums, I have encountered only one successful Manila K1 who used a co-sponsor. And it was because:

1) she is a nurse (embassy seems to like nurses as they are in big demand here in the US)

2) her fiance's mother (also a nurse) had a great income and was the co-sponsor

3) Filipina fiancee had a job offer waiting for her in the hospital where her future mom-in-law worked and she brought evidence of this

So it's really a case-to-case basis.

In your case, the kind of questions that would be going through the consul's mind when you submit a co-sponsor are:

1) Does his parents income meet the poverty limit for a family of 4 or 5? (father, mother, yourself, your fiancee and any one else dependent on them)

2) Would the petitioner's salary change significantly in the next few months that would set him above the poverty limit?

3) What are the chances that his fiancee will become a public charge given the above scenario?

CR-1s and K3s have more success using a joint sponsor than K1s.

Lirachadsbaby, it would be interesting for us to know the details of your K1 friend who successfully used a co-sponsor. What was the relationship of the co-sponsor to the petitioner/beneficiary, what was the co-sponsor's income range, what is the background of the beneficiary (colleged-educated perhaps a nurse, doctor or an accountant?) etc.

Kind regards,

PW

[TundraKnight 0]

I understand looking from the point of the consular they have much to decide on. My current job I just started in January I have an annual salary of $31,200 according to my employment letter. Now I don't know how they compare this to the poverty line, do they account for taxes and such? Both my parents make roughly the same amount of money. Would the consular see that as a total of $90,000 + income between the 3 of us? In my mind of course I don't think she could be a public charge. Being prior military I know it wouldn't be hard to get back in. Under military income so long as you are not reckless with your money they take care of you, housing and food allowance. Of course I'm sure the consulars don't know that though.

[jaynel 0]

It might be a case to case basis then because i am on a K1 visa and we used a co-sponsor because my fiance just recently started working and had no ITRs or W2s to submit so he had to get his dad as his co-sponsor not only him used the dad as co-sponsor but his older brother who is also petitioning a fellow k1, older brother just recently started working also, so both brothers had to get a co-sponsor and they both got their dad (both filed the petition at the same time). Their father is working as a truck driver on a military base and has a fairly good income. After the interview both of us being petitioned (we both had our interview at the same day and time)passed we both have our visas right now.. Both brothers consluted a lawyer about this and was advised to do so....Hope this would help and not further confuse you guys...CHEERS and Goodluck!!!

[Pinay Wife 47]

I understand looking from the point of the consular they have much to decide on. My current job I just started in January I have an annual salary of $31,200 according to my employment letter. Now I don't know how they compare this to the poverty line, do they account for taxes and such? Both my parents make roughly the same amount of money. Would the consular see that as a total of $90,000 + income between the 3 of us? In my mind of course I don't think she could be a public charge. Being prior military I know it wouldn't be hard to get back in. Under military income so long as you are not reckless with your money they take care of you, housing and food allowance. Of course I'm sure the consulars don't know that though.

In my humble opinion, you meet the poverty guidelines without need for co-sponsor. For a family of 2 (yourself and your fiancee, I suppose there are no children you are currently supporting?) you only need to meet an income of $17,113 (if you live within the contiguous US ~ Alaska and Hawaii have different poverty limits). Note that the guideline does not specify income as net income so we've always assumed that they mean gross income or adjusted income as indicated in the 1040. Well, come to think of it, if they account for taxes, I'm sure not a lot would pass the poverty guideline with the kind of taxes that Uncle Sam is collecting!!!

Those in the armed forces need only to meet 100% of poverty guideline and the rest 125%. The consuls are aware of guidelines for military and most of the time, military get special treatment (which they truly deserve) like expedited interview for their fiancees for those about to be deployed.

In your case and for your I-134, your fiancee needs to present your most recent W2 and 1040 (even if it is below poverty). It is cases like yours that need to back up the W2/1040 with the 3 latest pay stubs and employment certificate that states your position, date employed, current salary, etc. to prove that you are currently making above poverty. Having a savings account or bank certification would help too. While you are good to go as sponsor on your own merits, you may still want to prepare documentation for co-sponsor just in case. As we always say, it's always best to be over-prepared.

It might be a case to case basis then because i am on a K1 visa and we used a co-sponsor because my fiance just recently started working and had no ITRs or W2s to submit so he had to get his dad as his co-sponsor not only him used the dad as co-sponsor but his older brother who is also petitioning a fellow k1, older brother just recently started working also, so both brothers had to get a co-sponsor and they both got their dad (both filed the petition at the same time).

I'd like to know if your fiance and his brother's current monthly income if multiplied by 12 months are enough to lift them above poverty level. If they do and if they submitted employment certificates with pay stubs, their I-134 is good enough. I'm thinking that they qualified based on their own merits and not because of co-sponsors.

[niceguy26 0]

What about if you just barely cleared the poverty mark? (just over 17k)

I have an extremely good co-sponsor (father)... Would it be better to have a co-sponsor also since I am just over the minimum? Will they even accept one?

[TundraKnight 0]

Yeah that's why I was thinking about just preparing for a co-sponsor so if they ask at least she will have the papers with her. The only problem I have is that I was deployed to Iraq in 2005 and the money I earned is non-taxable so it doesn't show up on the W-2 so it states I only earned $6,000 that year. I don't have any paystubs to show the money I made for that period. Although I do have my DD214 which shows the time frame I was deployed. The only thing I can do is have her explain to the consular is that I was in Iraq in '05 and the money I earned doesn't show on the W-2. Even if he don't believe her hopefully my W-2 for that year won't make a big difference.

[Pinay Wife 47]

What about if you just barely cleared the poverty mark? (just over 17k). I have an extremely good co-sponsor (father)... Would it be better to have a co-sponsor also since I am just over the minimum? Will they even accept one?

You meet the poverty guidelines (but barely) so yes, it's better to have a co-sponsor ready. Supply the co-sponsor I-134 only if the consul expresses "dismay" (for lack of a better word) over your income.

While the embassy would tell you over the phone that they don't accept co-sponsors, they actually do (they accept the paperwork during the interview process). It's just that the rate of denial is high for people with co-sponsors so it is best to try to qualify for the I-134 based on your own income. Co-sponsors are just your back-up.

The only problem I have is that I was deployed to Iraq in 2005 and the money I earned is non-taxable so it doesn't show up on the W-2 so it states I only earned $6,000 that year. I don't have any paystubs to show the money I made for that period.

I hope this answers your question.

Q-10: How do I certify my entitlement to the military pay exclusion?

A-10: Your service branch must certify your entitlement on the Form W-2 it provides you. If you believe you are entitled to the exclusion, but it is not reflected on your Form W-2, ask your service branch to issue a corrected Form W-2.

Source: http://www.irs.gov/newsroom/article/0,,id=101262,00.html

For more reading on Armed Forces Tax Guide http://www.irs.gov/pub/irs-pdf/p3.pdf

Edited July 27, 2007 by PatientlyWaiting