Co-sponsor Questions

[~ameriptian~ 54]

My fiance is a self-employee and there was no work for him at all for the past month.. He's thinking about having his stepdad as a co-sponsor for our K1, but we're not sure how to do it..

What is the minimum income my fiance should be making a year if he is going to be supporting 4? Is there a form he and his dad have to get and fill in? Or do they just write a paper and sign it? His dad peitioned K1 then K3 visas a few years ago for a Russian wife.. Does he have to mention that in the form/paper? Also we're not sure if I send that paper in with packet 3 to the embassy, or do I present it at the interview?

Another thing is he had to close his bank account due to some problems, but is opening a new one in a few days and adding me to it... And we opened a joint bank account when he came to Egypt in March for more evidence of our relationship, but we're trying to close it because we are very unsatisfied with the bank's services... Will that affect out visa in anyway?

Thanks in advance. Any additional tips would be very appreciated!

Aya

[~ameriptian~ 54]

Oh and can you please say that difference between having a co-sponsor and joint sponsor? Or are they the same thing?

We would REALLY appreciate it if you attach a pic/file of how the paper/form looks like.

Thanks

[brnidokiegurl 0]

At this min i cant think of the form number but yes its a form and tax returns will be included. The sponsor will have to have enough income to cover ALL his everyday family plus those he is sponsoring. Sorry i need more coffee this morning but im sure someone will come along explaing better that has done this (i didnt have to) and there is also a chart in the instructions shows income levels

[JimVaPhuong 4,863]

My fiance is a self-employee and there was no work for him at all for the past month.. He's thinking about having his stepdad as a co-sponsor for our K1, but we're not sure how to do it..

What is the minimum income my fiance should be making a year if he is going to be supporting 4? Is there a form he and his dad have to get and fill in? Or do they just write a paper and sign it? His dad peitioned K1 then K3 visas a few years ago for a Russian wife.. Does he have to mention that in the form/paper? Also we're not sure if I send that paper in with packet 3 to the embassy, or do I present it at the interview?

Another thing is he had to close his bank account due to some problems, but is opening a new one in a few days and adding me to it... And we opened a joint bank account when he came to Egypt in March for more evidence of our relationship, but we're trying to close it because we are very unsatisfied with the bank's services... Will that affect out visa in anyway?

Thanks in advance. Any additional tips would be very appreciated!

Aya

When you say "supporting 4" does that include you (the beneficiary)? If so, I'm assuming the total household size is 5 (including the sponsor). The minimum would be $32,237 per year. It's 125% of the poverty level.

http://www.uscis.gov/files/form/I-864P.pdf

Most consulates use the I-134 affidavit of support for K1 visas. The petitioner is still the primary sponsor, and is still required to submit an I-134 with evidence. The co-sponsor will also fill out a separate I-134 with evidence. Each sponsor will complete the form according to their own household size and finances, and the beneficiary will be included in the household size calculation for each sponsor. However, your fiance will not be included in the household size of the co-sponsor. On the I-134 you do have to declare people whom you've previously submitted an affidavit of support and/or visa petition for. If the previous affidavit of support is still binding, then that immigrant may also be included in the household size. The affidavit of support is usually submitted at the interview.

You don't usually have to declare bank account info unless your income is below the minimum, and you need to use assets to try to make up the shortfall.

USCIS usually uses the term "joint sponsor", but on VJ the term "co-sponsor" is usually used. They are the same.

The form looks like this:

http://www.uscis.gov/files/form/I-134.pdf

And the instructions like this:

http://www.uscis.gov/files/form/i-134instr.pdf

[disconnection 4]

Oh and can you please say that difference between having a co-sponsor and joint sponsor? Or are they the same thing?

We would REALLY appreciate it if you attach a pic/file of how the paper/form looks like.

Thanks

as long as you are going through K1 then you will need to use form I-134 . you can download it from here

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

and you will find some instruction too ...

also you should look for I-864P the poverty guideline instruction.

[payxibka 10,045]

I-134 is a consulate issue... moving thread to consulate forum

[~ameriptian~ 54]

I meant he will be supporting 4 including me... What about the bank accounts questions please? And do I send them both in packet 3 or do I present them at the interview? Cause what I know is fiance's I-134 form should be sent in packet 3...

[disconnection 4]

I meant he will be supporting 4 including me... What about the bank accounts questions please? And do I send them both in packet 3 or do I present them at the interview? Cause what I know is fiance's I-134 form should be sent in packet 3...

I meant he will be supporting 4 including me

[/color] you need to download I-864P to know how much he must have to support 4 persons .

What about the bank accounts questions please?

there's alot of ways to show that you can support ppl beside the bank accounts but since you said his step dad will joint sponsor then you need to read more to know what will be the best for you ...you can use http://travel.state.gov/visa/immigrants/info/info_3730.html

And do I send them both in packet 3 or do I present them at the interview? Cause what I know is fiance's I-134 form should be sent in packet 3...

the whole packet should be completed otherwise they won't assign your interview

best of luck

[JimVaPhuong 4,863]

I meant he will be supporting 4 including me... What about the bank accounts questions please? And do I send them both in packet 3 or do I present them at the interview? Cause what I know is fiance's I-134 form should be sent in packet 3...

I don't know about your specific consulate, but many consulates includes the I-134 form in packet 3. However, the completed form and supporting evidence usually don't have to be submitted to the consulate until the interview. The instructions that come with the packet will indicate what forms need to be returned right away, and which ones you need to complete and bring to the interview.

The poverty guidelines for each household size are indicated in the I-864P, which I provided a link to above. For a total household size of 4, the minimum is $27,562. It's higher in Alaska and Hawaii because of the higher cost of living.

The bank account information would only be required if his income alone is not sufficient to meet the requirements, and he intends to use cash in the bank to show assets to make up the shortfall. The bank statements may be required if he has no other proof of his self-employment income.

[~ameriptian~ 54]

We read in a visa book that the consulate/interviewer has the power to set the minmum income. Is there anyway we can still have a cosponsor, but don't present it until the interview (if needed) and in case Cairo consulate doesn't require the I-134 form in packet 3?

[Gary and Alla 3,694]

I meant he will be supporting 4 including me... What about the bank accounts questions please? And do I send them both in packet 3 or do I present them at the interview? Cause what I know is fiance's I-134 form should be sent in packet 3...

Your bank account issues have nothing to do with the visa issuance. They do not care if you even know what a bank is. Bank information is optional if income is sufficient. Your fiance will not be able to open a joint account with you in the USA unless you are present and show identification. They also require you to have an ITIN or SSN to open an account. You will be eligible for an SSN as soon as you arrive, so get that before you unpack your suitcase. (this does NOT mean you will be eligible to work, you will not be eligible to work)

[Gary and Alla 3,694]

We read in a visa book that the consulate/interviewer has the power to set the minmum income. Is there anyway we can still have a cosponsor, but don't present it until the interview (if needed) and in case Cairo consulate doesn't require the I-134 form in packet 3?

That's true. There ARE NO rules for the I-134. The poverty levels you see quoted all the time are from the I-864 and most consulates use those, but they are under NO OBLIGATION to do so. It is YOUR responsibility to prove to them that you will not become a public charge. They need to be satisfied. Simply showing "enough income" may not do it. Each case is individually judged.

Typically at interviews, you turn over all your documents and they take them into the "back room" and reveiw them. By the time you are called for your interview, someone you DONT KNOW has already made a decision about your case. If it is a negative decision it is your job to now change his mind in a 1-2 minute interview...good luck with that.

So here is the scenario...you give your fiance's I-134 to the consualte and hold back the co-sponsors. They review your case and decide they are not satisfied. They come out with a rejection notice saying you do not meet the poverty guidelines and toss a 221(g) at you and walk away. And you sit there crying and saying..."But, but, we have a co-sponsor..." as they walk away and call the next fiancee. That is what they COULD do. It happens often enough. Cairo is not an easy consulate to deal with. Want to risk it?

If you THINK, you need a co-sponsor, then get one. If you HAVE a co-sponsor, give it to them right away. The co-sponsorship of the I-134 is so brief your co-sponsor has a better chance of being struck by lightining in the next 10 minutes than ever becoming financially liable under an I-134. I-134s are not even legally binding. (and valid only until you adjust status and then you may need a joint-sponsor, which is NOT brief)

[Gary and Alla 3,694]

We read in a visa book that the consulate/interviewer has the power to set the minmum income. Is there anyway we can still have a cosponsor, but don't present it until the interview (if needed) and in case Cairo consulate doesn't require the I-134 form in packet 3?

The I-134 is not "required" by ANY consulate. The consulate may or may not waste paper sending you an I-134 FORM. Please DO NOT confuse a "form number" with your obligation (at ALL consulates) to demonstarte that you will not become a public charge. This MUST be done for all K visas...TWICE. Once in order to get the visa and once within 90 days of arriving to get the green card. The I-134 is a convenient form accepted by most consulates for you to use to meet that obligation. That is all it is. A form letter. It has NO legally binding, enforceable component. It is a cover letter for the documents you must attach to it, but in itself, the form is not required by anyone for any reason, even if they do send it in the packet. You are NOT going to skate by not showing finanical support documents to the Cairo consulate. You need to be concentrating on how you will meet your obligation, not on the hopless chance they won't require anything. You are failing to prepare and that is preparing to fail.

The other thing you seem to forget is that the I-134 is just the "dry run" for the I-864 to follow when you arrive, get married, file for AOS and pay the $1010 fee which shoudl be done within 90 days of arriving (Marriage MUST be done within 90 days) what good is it to delay the co-sponsor now only to run into the same thing 90 days later? May as well look for a co/joint sponsor now.

[JimVaPhuong 4,863]

We read in a visa book that the consulate/interviewer has the power to set the minmum income. Is there anyway we can still have a cosponsor, but don't present it until the interview (if needed) and in case Cairo consulate doesn't require the I-134 form in packet 3?

The consular officer does have discretion with K visa applicants, as you read in your visa book. As Gary pointed out, they have to determine whether there's a risk your fiance will become a public charge in the US. The I-134 is used by most consulates for K visas only as a convenient means to summarize income and assets, but the form itself proves nothing - you must provide evidence for everything you claim on the form. Most consulates apply the same rules with the I-134 that will eventually be applied with the I-864, since the I-864 is the real commitment by the sponsor. Most consulates will accept an I-134 sponsor if they meet the I-864 minimum requirements.

If you think there's any chance you'll need a co-sponsor, then get one. Present the co-sponsor's I-134 and evidence at the same time you present your I-134 and evidence, whether it's mailed in with packet 3 or submitted at the interview. Nobody has ever been denied for submitting a co-sponsor and not needing it, but many have been denied for not having a co-sponsor when one was needed. The time when the co-sponsor is needed is when the documents are submitted, and NOT after the decision has been made.

[~ameriptian~ 54]

Thank you Gary and Alla, and JimVaPhuong! That was very informative!