About the co-sponsor.

[DeniseBill 4]

Is there anything a co-sponsor has to pay to get the k1-visa through? My co-sponsor is a little afraid that the government will come to her and tell her to pay a lot of money. (Am not talking about if I would try to collect money while she is a co-sponsor)

So is there anything she has to pay to get me here? (She is not my Fianceé)

Thanks ^^

[Bobby+Umit 161]

No cost for the USCIS for the 864.

They (government) will have to sue the sponsor to get money (means tested benifits)

However, the primary petitioner is responsible for all other costs of the K-1 (which you know )

Edited June 20, 2009 by Bobby_Umit

[DeniseBill 4]

Why would they have to sue her? Like if I collect and she refuses to pay the government for my welfare?

[JimVaPhuong 4,863]

Is there anything a co-sponsor has to pay to get the k1-visa through? My co-sponsor is a little afraid that the government will come to her and tell her to pay a lot of money. (Am not talking about if I would try to collect money while she is a co-sponsor)

So is there anything she has to pay to get me here? (She is not my Fianceé)

Thanks ^^

I assume you are the beneficiary...

No, the co-sponsor does not have to pay anything, as long as the beneficiary doesn't collect any means-tested benefits from the US government. In the event the beneficiary DOES collect benefits, and the government decides to seek compensation for this, then they will go after the primary sponsor first (your fiancee). If the primary sponsor cannot pay, then they will go after the co-sponsor.

Your fiancee should make it clear to the co-sponsor that this is not a short term commitment. Once you arrive in the US, get married, and apply for AOS, the co-sponsor will be bound by this agreement until you have either accumulated 40 quarters of work credit, or you become a US citizen. You can accumulate this work credit in as little as 5 years, if both you and your spouse are working. It is potentially possible that you may never accumulate enough credit, in which case the co-sponsor's obligation may last the rest of your life.

I don't mean to say anything that would "scare off" your co-sponsor, but this is not a trivial commitment. They should understand what they're agreeing to do before they sign the affidavit. Maybe your co-sponsor should have an attorney explain this to them.

Why would they have to sue her? Like if I collect and she refuses to pay the government for my welfare?

They would only do this if you collected benefits (like welfare), and other attempts to collect failed. They would attempt to collect with demands for payment before resorting to the expense of a lawsuit. If the primary sponsor and co-sponsor refused to pay, then they might sue in order to get a court order which would allow them to seize wages and/or assets.

[DeniseBill 4]

Yes i'm the beneficiary, Sorry for not mentioning that.

What if my fianceé gets a job within a year that has the guideline poverty req. Can he take the co-sponsor ship from her?

Thanks for the fast reply's ^^

[LIFE'SJOURNEY 970]

Here is a good example, I have seen a many financee who arrived here on a K1, get marry, then within a month or two becomes pregnant. They knew from the beginning that their husband did not have any Health Insurance to cover the pregnancy, so now they have to go to the state to request assistance, i.e Medicaid, or WICK to covere their medical care for this pregnancy. They are unable to cover the cost out of their pockets for the total medical care, so they now are requesting this aid from the state to cover them.

It is my understanding that the state will go after the sponsor, because you'll need to realize that the K1 ONLY get your SO thru POE. Your SO 194 expires within 90 after entering the US. You'll will still have to adjust status(AOS) inorder for your wife to be legally here in the US at this point. . This is where the I-864 financial oblogation comes into play.

[DeniseBill 4]

But even if we send out the I-864 with our friend as a co-sponsor, Can we still change that as soon as my fianceé gets a job? Or does she have to stay co-sponsor even though my fianceé makes enough money that the guidelines require???

I wasn't planning on getting pregnant untill my fianceé finds a job. I will take birthcontrol untill that time comes. Plus we would like to spend a lot of time together, just the two of us before going a step further

Edited June 20, 2009 by DeniseBill

[payxibka 10,047]

But even if we send out the I-864 with our friend as a co-sponsor, Can we still change that as soon as my fianceé gets a job? Or does she have to stay co-sponsor even though my fianceé makes enough money that the guidelines require???

no, the sponsored immigrant simply getting a job is not one of the criteria that cancels an I-864. The equivalent of 10 years of working however does.

[LIFE'SJOURNEY 970]

Dennise there is no getting around the rules, you will have to accumulated 40 quarters of work credit, or you become a US citizen. The only quick way out of this will be for you to try to become a US citizen when you have completed the required amount of time.

The law is what it is.

[DeniseBill 4]

I know the law is as it is. I was just asking if it was possible. Not trying to get around the rules, I'm asking what the rules are.

I wasn't talking about myself getting a job, I meant for my Fianceé in America (American citizin) to get a job that requires the guidelines. =] Now he is unemployed because he lost his job about 2 months ago, So that's why we need a co-sponsor. So if he gets a job can he take the sponsorship from the friend or does she have to be co-sponsor untill?

[JimVaPhuong 4,863]

But even if we send out the I-864 with our friend as a co-sponsor, Can we still change that as soon as my fianceé gets a job? Or does she have to stay co-sponsor even though my fianceé makes enough money that the guidelines require???

I wasn't planning on getting pregnant untill my fianceé finds a job. I will take birthcontrol untill that time comes. Plus we would like to spend a lot of time together, just the two of us before going a step further

Ok, you're Denise!

Your fiance (one 'e' if it's a male) is the primary sponsor. If your fiance has the financial means to sponsor you alone, then he is the ONLY sponsor. Otherwise, you also need a co-sponsor. But, no matter what the circumstances, your fiance is the primary sponsor. If the government has to go after somebody for reimbursement, they're going to go after him first. If he settles the claim with the government, then they'll never ask the co-sponsor for a nickel.

I don't think you can cancel the co-sponsor's I-864 after the AOS application has been submitted. At least I've never heard of this being done. The I-864 is a binding contract between a sponsor and the government. A binding contract usually cannot be unilaterally canceled.

[DeniseBill 4]

Oh haha, sorry for confusing you guys. Good to know it's only one "e" Imma beat up my fiance for not telling me this before. lol

Well it's good to know that'll they come after the primary sponsor first ^^ That's what I was looking for, So I can assure our friend that she doesn't have to pay anything unless those things happen. My fiance is busy looking for a job but it's pretty hard these days.

[Hell0W0rld 10]

No cost for the USCIS for the 864.

They (government) will have to sue the sponsor to get money (means tested benifits)

However, the primary petitioner is responsible for all other costs of the K-1 (which you know )

[Ladylethal 12]

I see what you mean, if you use a co-sponsor now and later your fiance gets a better job and can meet the requirements alone if you can let the co-sponsor off the hook.

While you're still on K1 and doing the I-134 that would work since once you file for AOS you'll have to send a new Affidavit of Support, the I-864 meaning the I-134 will no longer me used. If your (then) husband can meet the requirements by then the co-sponsor used in the K1 won't have any more responsibilities.

BUT, if you also need a co-sponsor for the AOS, and later your fiance starts earning enough to meet the requirements, you can't substitute the Affidavit meaning your co-sponsor (along with the sponsor) remains in effect until you work for around 10 years, become a citizen OR abandon your permanent residency. Btw, divorce DOES NOT cancel out the affidavit.

There are no costs for the sponsors, except that if you apply for federal benefits the government can then go after the sponsors to collect whatever you earned from it. So you're good if you don't apply for any aids.

[DeniseBill 4]

Yea that was exactly what I meant lol. Thanks for the information Laura ^^