I-134 quesiton about cosponsor

[LanceandGalina 0]

Sorry, I know that there are many posts on here regarding this issue... but I have searched for an answer to a few questions and have yet to find an answer.

I am about to send off the I-134 to my fiancee for the interview she has on the 7th of July . I already know I need a cosponsor and I have asked my brother-in-law to do this, he said he may be willing to help us out but he has some concerns. I will list them below if anyone can help with a solid answer to these questions it would help tremendously!

1) should (God forbid) something happen to me and I were to die , would the cosponsor become financially responsible?

2) If we were to get a divorce would that end the obligation of the cosponsor?

3) Is there a statute of limitation on the obligations by the cosponsor? Ex. after "10" years the cosponsor is no longer obligated etc.

4) does the cosponsor fill in the "gap" that the sponsor (me) cannot financially meet? Ex. Let's say I am $3,000 short of meeting the requirement is the cosponsor obligated for the difference or the entire amount of the 125% of Poverty level???

A speedy answer would be greatly appreciated to these 4 questions, as I am trying to get everything prepared to mail ASAP!!!!!!!

[Bobby+Umit 161]

Moved from K-1 to Embassy for better answers (I-134 issue)

__________________

1. Maybe - since you are the primary sponsor, it isn't valid anymore from my understanding of the requirement. However, this is a sticky one, and a lawyer may fight for this with the co-sponsor. I'm not a lawyer, so I can't give you a definite on this.

2. No - it still continues.

3. It's not 10 years. It's 40 qtrs of work which would take 10 years to meet. If they never work, they will never hit the 40 qtrs of work, so it could be forever.

Only death *yours/theirs*, them becoming an USC, them abandoning the US, will absolve you of this. (other than the 40 qtrs mentioned above)

4. Maybe - they have to meet the whole amount if they do not live with you, if they live in the same household, they could contribute their income to your bottom line. (I-864 has more info on this)

Now - the I-134 isn't as legally binding as the I-864 is. That is the "real" one. Here is a good write up of the 864

Edited June 16, 2009 by Bobby_Umit

[Ladylethal 12]

Someone else might have more info regarding co-sponsorship but my understanding is that the co-sponsor is for all senses a sponsor, he operates as a sponsor as he fills out a completely separate affidavit of support, meaning that whatever obligations you have as a sponsor the co-sponsor would also have.

So based on that questions 1 and 2:

1) should (God forbid) something happen to me and I were to die , would the cosponsor become financially responsible?

Yes

2) If we were to get a divorce would that end the obligation of the cosponsor?

No. Divorce does not end the obligation for the sponsors as stated on the form itself.

3 and 4 I know for a fact:

3) Is there a statute of limitation on the obligations by the cosponsor? Ex. after "10" years the cosponsor is no longer obligated etc.

No, the sponsorship is only terminated in the following cases:

- death of beneficiary

- beneficiary becomes a US citizen

- beneficiary is credited with 40 qualifying quarters of work in US (approximately 10 years of work)

- beneficiary ceases to be a permanent resident and departs the US

4) does the cosponsor fill in the "gap" that the sponsor (me) cannot financially meet? Ex. Let's say I am $3,000 short of meeting the requirement is the cosponsor obligated for the difference or the entire amount of the 125% of Poverty level???

No. The co-sponsor must meet the requirements himself, meaning, he needs to earn enough for his household (himself + wife + kids +anybody else that is filed as dependent on his IRS) PLUS your fiancee.

Edited June 16, 2009 by *Laura*