Is it ok to pay a random person to sign you the I-864?

[lucyrich 20]

Also:

"9 FAM 40.41 N5.2 Defining "Sponsor"

(CT:VISA-1126; 12-03-2008)

a. To qualify as a sponsor, an individual must be a natural person (not a

corporation or other business entity) who:

... snip some stuff

(3) Filed the petition which forms the basis for the visa application (or

has a substantial interest in the entity which filed the petition); and

... snip some more stuff

So the OP is well within his rights, anyone who is willing and meet the above criteria may be a sponsor (at their own risk of course!)

Look at criterion 3. The petition filer must be the immediate relative who signed the petition and whose relationship with the beneficiary establishes a basis for immigration. If you find an uninterested third party and pay them a fee, that doesn't make them meet criterion 3.

[FortLaudy 10]

(3) Filed the petition which forms the basis for the visa application (or

has a substantial interest in the entity which filed the petition);and

... snip some more stuff

By "entity" do they mean a business or a person... if it also means a person then he would certainly have "substantial interest" as he's getting paid to sponsor the OP, lol

I would definitely not recommend him paying a burger flipper to sponsor him - the burger flipper will probably not meet the poverty line for the OP + his wife + burger flippers' family anyways. Best bet is to go with a family member, but heck, if it's a close friend and they're willing to take the risk, why not that too?

[dirtyweebesom 8]

I definetely agree Dirtyweebesom... it's unlikely, but what would any of you do if your USC spouse all of a sudden, right before the interview loses their job?? just a question to consider... thinking about this post though and then coming across this link, just thought I would share it:

"NOTE: When there are compelling or forceful ties between the applicant

and the sponsor, such as a close family relationship or friendship of long

standing, you may favorably consider the affidavit. On the other hand,

an affidavit submitted by a casual friend or distant relative who has little

or no personal knowledge of the applicant has more limited value. If the

sponsor is not a U.S. citizen or lawful permanent resident (LPR), the

likelihood of the sponsor's support of an immigrant visa (IV) applicant

until the applicant can become self-supporting is a particularly importantconsideration."

http://www.state.gov/documents/organization/86988.pdf

Page 16

But how would USCIS ever know that the sponsor was just a random burger flipper (aka "casual friend") and not a life-long friend? Neither the applicant or the sponsor are likely to volunteer that information. At the end of the day, I doubt USCIS cares much because if the "burger flipper" signs the form then he/she has effectively agreed to reimburse the government should the applicant fall on hard times and require government assistance. In other words, the government will get their money whether the applicant has known the sponsor since kindergarten or whether he/she just met him/her last night in the local dive bar.

I don't really know why "The Saga of the Random Burger Flipper" continues because, as plenty people have said, Mr Burger Flipper ain't very likely to agree to sign the I-864 in the first place. This whole discussion is totally hypothetical.

To answer the OP's initial question. It is ILLEGAL to pay some 'burger-flipper' to provide joint-sponsorship for an AOS application. The process is more involved than just simply signing said form. Income tax return documentation for at least the past two years is required to be sent in with the form. Advising someone to 'go ahead and try it' is skirting VJ's Terms of Service.....and not kosher.

I'm not sure if this was directed at me, but I never encouraged the OP to get Mr Burger Flipper to sign the I-864. I merely reacted to the judgemental nature of a certain comment, which cast doubt on the morality of the OP and his decision to get a random person to sign the form. I just don't think it's the purpose of this site to cast judgement on people. Scenarios like this happen all the time and I don't see why we should judge that. If people are desperate, they do what they have to do. What would the alternative be? Should the OP live out-of-status forever until he manages to scrape together the money to sign the I-864 himself? What happens if he's never in a position to do so? I don't see how that's any better, or any more "legal".

[Brother Hesekiel 2,236]

Look at criterion 3. The petition filer must be the immediate relative who signed the petition and whose relationship with the beneficiary establishes a basis for immigration. If you find an uninterested third party and pay them a fee, that doesn't make them meet criterion 3.

I know we are splitting hairs here right now, and the human language is an arbitrary one (unless communication in binary numbers), but the word "or" has a different meaning from the word "and."

If I am a burger flipper, making a grand a month, and there is this very nice customer who wants to marry this nice girl and he's always so helpful and treats me like a king and then offers me $350 per month for two years if I help him out . . . . I surely would have a substantial interest in the guy's successful immigration. I would even send him a Christmas card every year and include him in my prayers (assuming I would pray).

[FortLaudy 10]

Look at criterion 3. The petition filer must be the immediate relative who signed the petition and whose relationship with the beneficiary establishes a basis for immigration. If you find an uninterested third party and pay them a fee, that doesn't make them meet criterion 3.

I know we are splitting hairs here right now, and the human language is an arbitrary one (unless communication in binary numbers), but the word "or" has a different meaning from the word "and."

If I am a burger flipper, making a grand a month, and there is this very nice customer who wants to marry this nice girl and he's always so helpful and treats me like a king and then offers me $350 per month for two years if I help him out . . . . I surely would have a substantial interest in the guy's successful immigration. I would even send him a Christmas card every year and include him in my prayers (assuming I would pray).

LOL, well put!!! I don't quite think USCIS meant to put it that way (or maybe they did?), but in defense of this guy's case he could definetely argue that, that's how he read it and understood it.