k-1 Co Sponser

[callmehippo 0]

Hello, First time I have posted to this informative website.

I am considering beginning the K-1 process but I have financial problems. Number 1 is I am considering a bankruptcy and Number 2 is by year's end I may not meet the poverty guideline.

Questions:

1. Can I utilize a friend to Co Sponser my K-1? If he is willing, what exactly does that put him on the hook for and what does he have to do during the k-1 process? My friend is unemployed but has some assets totaling 25K. My other friend has a job earning 80k+. Would they both be possible choices, assuming I am close to the poverty guideline?

2. If my 1040 shows income below the poverty guideline but during the filing period I obtain a job that is over the poverty guideline, will I be in the clear?

Thank you.

Edited June 8, 2008 by callmehippo

[Skeeter211 2]

Hello, First time I have posted to this informative website.

I am considering beginning the K-1 process but I have financial problems. Number 1 is I am considering a bankruptcy and Number 2 is by year's end I may not meet the poverty guideline.

Questions:

1. Can I utilize a friend to Co Sponser my K-1? If he is willing, what exactly does that put him on the hook for and what does he have to do during the k-1 process? My friend is unemployed but has some assets totaling 25K. My other friend has a job earning 80k+. Would they both be possible choices, assuming I am close to the poverty guideline?

2. If my 1040 shows income below the poverty guideline but during the filing period I obtain a job that is over the poverty guideline, will I be in the clear?

Thank you.

Question one....If you use a friend to co-sponsor, they are "on the hook" for the same thing you would be. In other words, if something happens, you two split up and she asks for public assistance, they could come after your friend for the cost of the benefits. Your friend would basically be agreeing to support her so that she would not become a public charge. The friend that has 25K in assets is probably not an option. He must have 5 times the amount of assets needed to make up the difference of income up to the poverty level. In other words, if you make 10K and the poverty guidelines are at 20K, he must have 50K in assets to make up the difference. The other friend with the 80K income could possibly be a co-sponsor, if the comsul will allow it on a K-1. Make sure your friend really understands that they are not just filing a piece of paper, but they are making themselves financially responsible for her. It's not an easy committment in my opinion.

Question 2....I am not really clear on your question, but here is what I think. Your fiance will not file an I-134 until she is at the interview, so there is no "filing period" for you to get a new job. It is what it is at that time. If you don't make the poverty guidelines at the time of the interview, you don't make it and need a co-sponsor. You could file the petition while you are still below the guidelines, but you will have to have a new job that meets the guidelines (or get a co-sponsor) before the date of the interview. The sooner you get the better job the better because your income tax return will be low, so you should have as much time on the new job as you can. If you go to the interview with a new job for 1 week and an income tax return that is below guideline, the consul may not approve you because you won't be able to demonstrate your new income without a few months of paycheck stubs.

There is also the question of AOS once she gets here and you all get married. You will need to file a new affidavit of support for the AOS process and it is a little more binding on you and any co-sponsor from what I am told. You might want to read about that as well.

The bankrupcy is not an issue as credit is not checked. I would urge you to consider what you are getting into here and how you plan on supporting your new fiance, who will ultimately become your wife. Maybe a better idea for you would be to get your financial life together first. I don't know your whole situation, but seems to me that if you are trying to get friends to be co-sponsors, you are not in a good position to start a marriage to a foreign spouse.

Just my opinion.....

Scott

[Carol and Bruno 0]

Hello, First time I have posted to this informative website.

I am considering beginning the K-1 process but I have financial problems. Number 1 is I am considering a bankruptcy and Number 2 is by year's end I may not meet the poverty guideline.

Questions:

1. Can I utilize a friend to Co Sponser my K-1? If he is willing, what exactly does that put him on the hook for and what does he have to do during the k-1 process? My friend is unemployed but has some assets totaling 25K. My other friend has a job earning 80k+. Would they both be possible choices, assuming I am close to the poverty guideline?

2. If my 1040 shows income below the poverty guideline but during the filing period I obtain a job that is over the poverty guideline, will I be in the clear?

Thank you.

My attorney informed me that a bankruptcy would have no effect on the K-1 process, but not being above the poverty guideline will, as you already know. Your friend with the 80K+ job meets the poverty guidelines however I do not believe the unemployed friend would meet the requirements.

The co-sponser gives the government assurance that your fiance will not become a public charge once here in the states. The Affadavit of Support reads that it is valid for 3 years, but my attorney informed me that once the AOS gets filed and if I am able to submit my own affadavit of support then that will void out the original affadavit. I'm not sure if this is correct or not.

As far as the K-1 process, your friend would have to submit copies of last year's tax documents, a letter from his company stating hire date, salary and whether his position is temporary or permanent. He would need to fill out the Affadavit of Support form and have it notarized. I am having my sponsor submit a copy of his birth certificate as proof of his citizenship.

I have no advice for your 2nd question becaues I'm not sure. Sorry.

Carol

[Nich-Nick 3,354]

If he is willing, what exactly does that put him on the hook for

If you would download the I-864 Affidavit of Support you would learn alot about this subject. There are 19 pages and most are instructions and explanations. About the obligation of the co-sponsor from the I-864:

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant

becomes a U.S. citizen,

or can becredited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equate to

ten years of work

, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work. The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States.

Divorce does not end the sponsorship obligation.

It's a BIG committment and the part that says when the "person becomes a US citizen" doesn't mean "gets a green card." They have to go through the naturalization process.

and what does he have to do during the k-1 process?

He has to turn over financial records like bank information, SS#, salary details, income tax return... to a foreigner he may not know very well. Some people may not be comfortable with it.

This is the I-864 information but the information is much the same as on the I-134. And once he is here and you are married, then the I-864 would have to be filed for him to get his green card so it's not too far behind.

Edited June 8, 2008 by Nich-Nick

[callmehippo 0]

Thanks guys,

If it is 5 dollars in the bank for every dollar a person is short on the income level, I suppose I could take money out of my retirement account to make up the difference between the 125% poverty level and my income if that is an issue. I realize it may not be smart BUT will this get me through the financial hoop I must jump through? Is there a period of time that the money must be in the accout prior to the interview? That may be a better option than asking one of my friends to co-sponser me.

[motu 6]

Nich is right about the legal part however I have never heard of USCIS or another branch/agency going after a sponsor or co-sponsor. So understand that - even though they can legally hold the sponsor responsible they do not have the means to enforce this or a history of ever enforcing this. I will definitely disclose both sides of the issue to a co-sponsor including the fact that you the fiance are never going to let this happen. Most people I know (relatives, friends co-workers etc.) would never hesitate to co-sponsor for me. Good Luck