Noorah101

Because the K-1 affidavit of support is form I-134, where it's more flexible about who can sponsor (or possibly how many sponsors you can have).

For your AOS, form I-864 is used for the affidavit of support, and its guidelines are more strict...and the scenario you pose with mom and dad won't work for the I-864.

Rene

BrightStar

Okay, I can see why that would be a huge problem.

Assuming I was approved a visa, how long after I got married can I wait until applying for adjustment of status?

I understand that I have 90 days in which to get married, does that also include applying for AoS?

jeffreyhy

For immigration purposes (adjustment of status) there can be only 1 Joint Sponsor who, along with their Household Members, must meet the full financial requirement for sponsorhip.

Just to be clear, neither mother nor father has someone living with them who could contribute to the Household Income?

Sudden thought - although your fiance's parents do not live together, you said that they do file a joint tax return? The definition of Household Member inlcudes people who do not live in the same residence but who are shown on the sponsor's tax return as a dependent. Both parents show on the tax return, although neither as a dependent. A reading of the law itself may be in order to see if the parents can be considered each other's Household Members on the basis of the tax return. The language of the law may say more than the language of the form instructions. Maybe. Take a look to see if that would be your only shot at it.

Regards, JEff

meauxna

Has your FI considered taking another job, or a better wage?

Noorah101

You are correct, you have 90 days in which to get married. You don't have to file your AOS right away, but you would be in the USA with no status whatsoever, until you file AOS. Getting married just satisfies the rule of the K-1 visa. In order to gain any status in the USA, you must file AOS. There have been people who filed AOS after the initial 90 days, but not too long after. I wouldn't put it off too long.

Rene

BrightStar

My fiance lives with his dad. My fiance's mum lives on her own.

If there's a problem with the joint sponsor during AoS, then the most obvious solution would be to make sure my fiance alone would meet the poverty guidelines so that we did not have to rely on a joint sponsor.

At the moment, he does not earn enough to meet the poverty guidelines, but he is already working on gaining a higher income. I was asking about how long we had to wait before applying for AoS because it was my understanding that my fiance would have to reach a certain duration of higher income before USCIS would be satisfied.

It was my understanding that I would be legally required to apply for AoS as soon after marriage as possible, therefore, I am concerned that in that time, my fiance would not have earned enough money for long enough time in order to prove to the USCIS that he could support me.

Noorah101

Does the combination of salaries from your fiance plus his father meet the required level?

Rene

jeffreyhy

This kind of thing is why I did not petition for my wife (after returning to the USA having been an expat for several years, where I met her) until after I had found a job and started working in the USA at a salary that would allow me to take proper care of her.

Which, in my opinion, is significantly more than is required to satisfy immigration requirements. Living near the poverty level is not conducive to a good marriage, some couples can do it but it causes many to end up in divorce.

Regards, JEff

Noorah101

A joint sponsor is allowed for the I-864 used for AOS as well, so your husband doesn't have to meet the income requirements on his own. He can use a joint sponsor.

Rene

BrightStar

Yes.

Together, they make about $25,000. Am I right in thinking they would need to make just below that in order to meet the guidelines? (3 in household including me)

We'll be moving to his mum's once I'm over there, but even so, my fiance + his mum's salary would meet about $25,000

Noorah101

According to the poverty guidelines here: http://www.uscis.gov/files/form/I-864P.pdf, a household of 3 needs to earn at least $22,887. So yes, $25,000 would be enough.

However, the I-134 is still an issue, because we don't know for sure if you can have more than 1 sponsor whose joint income meets the requirement. It's not clear if you can use 2 sponsors whose individual income does not meet the requriement.

Rene

BrightStar

Am I right in understanding that the USCIS will agree to combine income from sponsors (i.e. my fiance and his mother or father) if the two actually live at the same address?

jeffreyhy

The Household Member commits their financial resources to the Sponsor (or Joint Sponsor, as the case may be), the Sponsor commits the combined resources to the immigrant.

CIS doesn't get to agree or disagree on that point, they follow the law.

Regards, JEff

meauxna

USCIS will, for the I-864. However, I never read this before, about the I-134 (for the visa application)

If the sponsor is married, the affidavit should be signed jointly by both husband and wife. Affidavits of support should be signed jointly by both husband and wife.

You might want to make sure you have read this page, concerning only the visa application + use of I-134.
Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law

jeffreyhy

m,

An interesting indication that mother and father just might be able to jointly sponsor this applicant for her K1 visa even though they do not live together.

Might be a good idea to include signed statements from the two of them, presenting their intentions with respect to sponsorship, as part of the sponsorship package.

Regards, JEff