Tommylee

This really isnt about anyone but me and her..that's all im trying to think about but yes those factors of dysfunctional family may come into it, but no family is perfect..and those that seem it..mmm prolly strange fellows

All i need to determine if that really is the case. Surely by dependant meaning that of related children of the sponsor...

On another note, it wont be hard for us finding a sponsor who meets the requirements and income levels, we have friends and other family members who are willing to help

Tracym

That is what I am thinking - I do not believe the other children will count, as he is not related to them and is not married to their mother. Sounded like Ian might have agreed - we'll see if he comes back and says so (he's one of our experts btw, far more so than I).

I would strongly suggest you use an attorney for this one in any case - and they will figure out the dependants thingy.

It does sound like you can do the K-1 perhaps, but not the AOS. However, I think what the original attorney was suggesting, is that you might have difficulty getting a K-1 approved.

Most Americans (perhaps including those working at the embassy) are not going to approve of this relationship - and I'm not sure what your odds of the visa approval are.

That said, I am no attorney - I really think you need one.

californian

Getting married at 16 is definitely not the done thing. Many will disapprove but whether or not they can find legal justification to deny you a visa is another story.

Ditto. You'll need a good one. US based attorneys are certainly going to be cheaper but if you're going to be the one principally sorting things out you might prefer to get someone in the UK.


This is true . . . and it isn't my place or that of any one else to judge you!

One would think but I could certainly see the argument being made that if your fiance's Mom doesn't work then her BF actually is responsible for her and her children as well. A second joint sponsor (or even someone else entirely) might be neccesary --- but it sounds like that won't be a problem.

Bluegrass Lass

This is exactly what I was going to point out. I didn't think it matters who claims who on a the tax return. If they all live under the same roof, they are all part of the same household is my understanding of how household size is determined, plus if the sponsor has children under the age of 18 that he/she helps to support, then they have to be included too.

Tracym

Just because you live with (or even sleep with) someone, and they don't work doesn't make you responsible for them though. He is free to walk away from the mother and her unrelated children anytime he wants, so I do not think he is resposible for them.

Unless there is some common-law marriage in place, which is unlikely.

Tracym

That is not what the I-864 regulations said though, I posted them above.

Bluegrass Lass

You could be right, but all the advice I've ever read on here about how to calculate household size has always been to include everyone who lives under the same roof, plus any dependent children who do not live with you. As Ian said, if grandma lives in the same house, even with her own income, you would include her on the AOS because she lives under the same roof.

To get clarification though, he defo needs to go to a consulation with an attorney.

By the way, Tommy, even if you have 2 co-sponsors (i.e. your wife, plus 2 more), each co-sponsor must qualify individually. So you cannot add up all their incomes to sponsor you. If each sponsor has a household of 3 (including you) then they must make enough for a household of 3 according to the guidelines.

Tracym

But Ian also said (I think) that he might be mistaken. Grandma might be able to be claimed as a dependant on a tax return, she would be a relative.

In any case, whatever we've seen on here, I would go by what the I-864 instructions say unless there is a compelling reason to think otherwise.

Just because someone lives with you does not mean they are dependant upon you - the other children are dependants of their mother imo, not of the unrelated b/f.

We agree however, a lawyer is needed in general for this case.

Not sure why a person would have more than one co-sponsor (I thought that was generally if there were more than one immigrant). And just to clarify, the wife does not need to qualify for income - we already know she does not, and the co-sponsor must.

Just Jenney

Sorry, but I have to say that what immediately came to mind when I read this was the case of the guy who DID get charged -- and convicted -- for having sex with his 14-year-old girlfriend, who he then married:

http://en.wikipedia.org/wiki/Matthew_Koso

She had consent from her parents to marry, too, but that didn't make a difference. He still served time in prison for it.

~ Jenney

Poppy girl

Going back to an earlier post I made if she puts your name on the birth certificate your paying for the child, he is not going to be paying anything, exactly what happened to my exhusband he married a pregnant lass and within 2 years they were divorced, but he had to pay support and has done so for the past 17 years.

Bluegrass Lass

I don't know why you would need one either, I just mentioned because the OP said something about multiple people are willing to help sponsor him. Just wanted to make sure he was clear on the fact that every sponsor had to individually qualify (if for some odd reason he used more than one) and you couldn't add the incomes up.

Tracym

Yes, but in that case the guy was sleeping with her before they married. We were discussing what the OP could de after he was married. If the OP is sleeping with her before marriage, I would strongly suggest he NOT say so on an internet forum (tho I suspect he has that much sense).

I was wondering about that - if the (jailed) b/f's name is not on the birth certificate, does he have any rights? Although due to the SR charge, I suspect it's already on record.

Another good one for an attorney, although a family law attorney in that case. She might easily qualify for a free consult there from a legal aid attorney, as a sixteen-year-old "crime victim" with no income.

Right, good point - he might have been considering adding another sponsor to make up for lack of income, and you are most correct there, that won't work.

I think generally two co-sponsors are used if the immigrant has a child, and the co-sponsors can only afford to add one to the household - thus one co-sponsor for the immigrant, another co-sponsor for the immigrant child for example.

californian

I believe the OP stated that the father will most likely be paying child support (possibly will be forced to do so, as he doesn't want anything to do with the child). With this in mind, he will have rights (like those you discussed earlier about being able to keep his child w/in 100 miles), although he probably won't be too interested in them.

OP also discussed adopting the child when/if he becomes a citizen --- thereby the father, if agrees, would reliquish any rights he does have.

Just Jenney

But if the OP's name ends up on the baby's birth certificate, though, then by default he's considered the baby's "father," right -- unless they also plan on having a DNA test done to confirm that he's NOT the father. And wouldn't that then complicate things further if he's listed on the birth certificate?

I'm no expert, but it seems like he's treading very close to quicksand, in my opinion.

~ Jenney

Poppy girl

My Ex had the DNA test done not that it was needed, but it did nothing for him in the court room, the tests were not done until years after the divorce and if I remeber rightly you have a 2 years grace period from the time of birth to contest the child support based on the birth certificate...
After that 2 years your cooked and paying for the child, this was in Illinois and maybe state law not federal.