Financial sponsor

[phalarope 0]

My fiance and I are awaiting our NOA2, which should arrive at the end of August. When we first filed our petition, I planned to move back to the US (we are in Costa Rica) to start a job. However, my job offer fell through at the last minute, so I am still in CR with my fiance. I am actively seeking employment, but we also have an 18 month old son. More and more it seems impossible for me to leave before my fiance. We have absolutely no money, and I would have no way to pay for a day care provider. If we can go together, my fiance can take care of our son while I find and start a job. I have an advanced degree from an Ivy League school, so I think (hope!) I should find something. Originally my mother had agreed to be our joint sponsor, but her circumstances have changed (my brother and his family just moved in with her) and she no longer feels comfortable sponsoring us. I am looking for someone else to sponsor us so that our petition won't be denied. I am wondering if I ask a friend to sponsor us are they liable for 10 whole years? As soon as I have a job with sufficient income (or after a certain period of time), can I have them removed as the joint sponsor and become my hubby's sole sponsor? I think maybe my friends and family would be less intimidated if this were the case. I really don't want anyone to be in the position of worrying about my fiance's economic status for a decade. They've never even met him, after all! All I want is to be able to move home with my family in tact, get a job, and support my family. Please help!

[YuAndDan 153]

You are doing a K-1 visa, the I-134 used to sponsor the K-1 is only valid from the time of entry until the intending immigrant adjusts status and becomes a resident (Green-card holder) after getting greencard the I-134 is NO longer valid, the I-864 filed when adjusting status takes over.

You can use a co sponsor for the K-1 visa, and the co-sponsor is NOT obligated to also be Joint sponsor when adjusting status, IF you land a good paying job between time of entry and before adjusting status, YOU can go it alone and simply file I-864 without a joint sponsor when adjusting status.

One last note, you the petitioner may need to prove that you did not give up US domicile while living abroad, the I-134 for the visa can only be provided by persons that have US domicile, and you the petitioner are required to provide an I-134 for the visa, and later I-864 when adjusting status.

[phalarope 0]

Thank you! That helps a great deal.

Okay, so how do I show that I still have domicile in the US? I do receive mail at my mother's house, have a bank account with her address, and although I don't earn sufficient income, I do have a contract writing / editing job that I do via internet. That means paychecks have her address listed, and I filed and paid taxes as a Mass resident. Will that work to show that I did not give up my domicile? Because my son was born here in CR, I am a legal resident of CR. I am not sure if that is a good thing or a bad thing!

[YuAndDan 153]

Thank you! That helps a great deal.

Okay, so how do I show that I still have domicile in the US? I do receive mail at my mother's house, have a bank account with her address, and although I don't earn sufficient income, I do have a contract writing / editing job that I do via internet. That means paychecks have her address listed, and I filed and paid taxes as a Mass resident. Will that work to show that I did not give up my domicile? Because my son was born here in CR, I am a legal resident of CR. I am not sure if that is a good thing or a bad thing!

Looks like enough evidence of US domicile, do you have a state ID like a driver's license?

MORE: http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf (Covers domicile)

I will move this to consulate/embassy, support is not an issue until interview time.

Note you can assure your mother that the I-134 is NOT binding, and that support only come into play IF the intending immigrant uses means tested benefits, like Welfare, and food-stamps.

Edited June 24, 2009 by YuAndDan

[phalarope 0]

Thank you again! My mom has agreed to be a joint sponsor on the I-134 after hearing what you explained to me! Good news! So, when the time comes, do I fill out an I-134, and have her fill out a second one? I'd like to start preparing paperwork sooner rather than later.

As for a driver's license, I do have a valid license, but it is from Connecticut, where I attended graduate school, rather than from Mass where I filed taxes and where my mom lives. Do you think this will be a problem? I never changed it because right after school I left for CR (never intending to stay), and thinking I'd get a new license from whatever state I eventually moved to when the time came.

Do you think my Costa Rican residency will be a problem? I kind of had to become a resident because if not, I would have had to leave the country every three months. That's what I did (with great difficulty) before and while pregnant, and it would have been impossible with a newborn, especially because it took a long time to get his passports and birth certificates issued so he could travel.

Final question: when we get our next packets with the rest of the forms and the medical requirements do we have a limited time period to complete them and hand them in? I imagine that the whole thing expires at some point? Just want to know how fast we have to complete everything. My fiance has lived in CR almost all of his life, but was born in Nicaragua, so we have to travel there to get his birth certificate. Very complicated!

Thanks again!