I-134 and I-864 questions

[james1970 0]

Hi, I mailed the I-129F paperwork in today, so now begins the waiting game. I wanted to go ahead and start work on the I-134 since I am sure I will need a co-sponsor, I just didn't have enough income last year and I don't have a stable job right now.

I am asking my brother and sister-in-law to co-sponsor. How long would they be responsible for my fiancee legally? I want to be able to answer any questions that have.

Do I just fill out a I-134 and have them fill one out as well?

When is a I-864 needed instead of the I-134? I just want to make sure I'm filling out the correct paperwork.

Thanks for any help and good luck to everyone!

God Bless!

James

[Ed+Cindy 1]

Hi, I mailed the I-129F paperwork in today, so now begins the waiting game. I wanted to go ahead and start work on the I-134 since I am sure I will need a co-sponsor, I just didn't have enough income last year and I don't have a stable job right now.

I am asking my brother and sister-in-law to co-sponsor. How long would they be responsible for my fiancee legally? I want to be able to answer any questions that have.

Do I just fill out a I-134 and have them fill one out as well?

When is a I-864 needed instead of the I-134? I just want to make sure I'm filling out the correct paperwork.

I-134 is needed for the K-1 visa. It is not a legally binding document, so technically your co-sponsor can't be held liable in court.

I-864 is needed for the Adjustment of Status. It is legally binding and is valid until your spouse has US citizenship or leaves the US and surrenders her GC.

If you are just applying now for the I-129F, its likely you may not file AOS until 2010. If you have better income in 2009, you won't need a co-sponsor for the AOS phase. If I were you, I would work on making above the poverty live in 2009, so you can sponsor your wife on the AOS alone.

[MikenKyhen 0]

I am not sure that the USEM accepts co-sponsor for I-129 applicants. I hope I'm wrong. Good luck. Mike

Edited July 8, 2009 by MikenKyhen

[Otto 83]

I am not sure that the USEM accepts co-sponsor for I-129 applicants.

Yes, USEM does accept co-sponsors for K-visas. (This myth has been busted so many times...)

[MikenKyhen 0]

I am not sure that the USEM accepts co-sponsor for I-129 applicants.

Yes, USEM does accept co-sponsors for K-visas. (This myth has been busted so many times...)

That's good to hear.

[Hoang_Phuong 2]

I'm in the same situation. I'm going to ask my father to co-sponser. I understand that he is liable till my wife is a citizen or AOS. Either way it really doesn't matter to me, because my dad owns his own business and as a elder, he loves his kids. I have a very understanding father, but I would love to be able to be liable for the AOS myself. Hope goes all well for ya...

[JimVaPhuong 4,863]

I am not sure that the USEM accepts co-sponsor for I-129 applicants.

Yes, USEM does accept co-sponsors for K-visas. (This myth has been busted so many times...)

The Philippine regional forum is loaded with posts from people who've been told by consular officers that co-sponsors are usually not accepted for K1's in Manila, except under certain circumstances. There are also posts from people who've succeeded in getting a K1 with a co-sponsor. Having current employment with adequate income seems to be the key. Having low numbers on last year's tax return, combined with no current job or a job with inadequate income, usually results in a denial even with a co-sponsor.

I'm in the same situation. I'm going to ask my father to co-sponser. I understand that he is liable till my wife is a citizen or AOS. Either way it really doesn't matter to me, because my dad owns his own business and as a elder, he loves his kids. I have a very understanding father, but I would love to be able to be liable for the AOS myself. Hope goes all well for ya...

I think you may be a little confused. AOS is when your wife gets her green card. She has to do this before she can become a citizen. In fact, she isn't eligible to become a citizen until she's had a green card for 3 years (if married to a US citizen).

The co-sponsor who signs an I-864 is 'liable' until one of the following occurs:

1. The sponsored foreigner becomes a US citizen.

2. The sponsored foreigner accumulates 40 quarters of Social Security credits. That's 10 years of steady work, or 5 years if combined with the credits of the spouse.

3. The sponsored foreigner loses their legal status in the US and leaves the country.

4. Either the co-sponsor or the sponsored foreigner dies.

So, potentially, the obligation can last for the rest of the sponsored foreigner's life. The best thing you can do for your father is to get your wife to become a US citizen as soon as she is eligible. Your wife will appreciate it too, because it's a lot more fun to complain about what's wrong with America when you have the right to vote!

[payxibka 10,045]

moving thread

US Embassy and Consulate Discussion

You are almost there and now you have to deal with the embassy. This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[Otto 83]

The Philippine regional forum is loaded with posts from people who've been told by consular officers that co-sponsors are usually not accepted for K1's in Manila, except under certain circumstances. There are also posts from people who've succeeded in getting a K1 with a co-sponsor. Having current employment with adequate income seems to be the key. Having low numbers on last year's tax return, combined with no current job or a job with inadequate income, usually results in a denial even with a co-sponsor.

The same could be said of any Consulate/Embassy - not necessarily specific to PI. What does often seem to be specific to PI VJ-members is the statement "USEM doesn't accept co-sponsors for K-visas" which in fact is not true.

[MikenKyhen 0]

The Philippine regional forum is loaded with posts from people who've been told by consular officers that co-sponsors are usually not accepted for K1's in Manila, except under certain circumstances. There are also posts from people who've succeeded in getting a K1 with a co-sponsor. Having current employment with adequate income seems to be the key. Having low numbers on last year's tax return, combined with no current job or a job with inadequate income, usually results in a denial even with a co-sponsor.

The same could be said of any Consulate/Embassy - not necessarily specific to PI. What does often seem to be specific to PI VJ-members is the statement "USEM doesn't accept co-sponsors for K-visas" which in fact is not true.

And uh..Just exactly how are you sure about that?

[JimVaPhuong 4,863]

The Philippine regional forum is loaded with posts from people who've been told by consular officers that co-sponsors are usually not accepted for K1's in Manila, except under certain circumstances. There are also posts from people who've succeeded in getting a K1 with a co-sponsor. Having current employment with adequate income seems to be the key. Having low numbers on last year's tax return, combined with no current job or a job with inadequate income, usually results in a denial even with a co-sponsor.

The same could be said of any Consulate/Embassy - not necessarily specific to PI. What does often seem to be specific to PI VJ-members is the statement "USEM doesn't accept co-sponsors for K-visas" which in fact is not true.

I understand. It's a generalization. The same generalization is often made about the consulate in Vietnam. People tend to state it as if it were a hard fact because it tends to be true most of the time, and the consular officers confirm that it's true most of the time. Nobody is really sure under what circumstances a co-sponsor will be accepted, though there are some common beliefs, so the general rule is just to tell someone that they aren't accepted, since the likelihood is that they won't be.

BTW, one of those "general beliefs" about Manila is that a co-sponsor has a higher chance of being accepted if it's a close family member of the petitioner.

Both Manila and Ho Chi Minh use the I-134 for K visas, as do many other consulates. Unlike the I-864, the instructions for the I-134 are broad and vague, which these two consulates (and possibly others) seem to take advantage of. There are no specific provisions for co-sponsors with the I-134, like there are with the I-864, so consulates can decide for themselves whether to accept co-sponsors with it.

The following is my opinion only, so take it for what it's worth!

I think the consulates in Manila and Ho Chi Minh try to reserve every possible tool they can to combat suspected fraud. The INA is pretty strict about what reasons they can use to deny a visa and send a petition back to USCIS. They may look at a petition and it might literally scream fraud to the CO, but if it met the minimum requirements of USCIS and got approved then the CO isn't allowed to reject it. The infamous State Department memo makes it clear that CO's cannot readjudicate petitons and send them back to USCIS just because they would have come to a different conclusion than the USCIS adjudicator. The only leverage the INA gives the CO is if they can find some evidence which wasn't available when the petition was originally approved, and which they believe would have resulted in the petition being denied. The I-134 is a perfect mechanism for this because it's submitted at the interview - USCIS never saw it. Neither the I-134 nor the instructions for the form are specific about what the minimum requirements are in order to satisfy the CO that the "public charge" guarantee has been met, so the CO's pretty much get to make their own judgment.

I believe these two consulates use the I-134 to "thin the herd" of applications, with the rationale that they are probably weeding out more fraudulent applications than genuine ones. Given the amount of fraud at these consulates, this may very well be true.