1-134 Co-Sponsor Now Sais No

[DG2010 0]

I have lived in Peru for about 4 1/2 years, full time, with only 1 week to 10 days visits to the USA. During my time in Peru, my fiance and I managed to get pregnant and we now have a beautiful baby boy, Today he's 8 months!

Also, got the news by email that my Dad will not do the I-134 simply because if my fiance gets hurt and goes to the hospital, with having no insurance, the hospital has legal right to sue my dad for her medical treatment.

I can not alone be the sole sponsor simply because I have had no Income for the past 5 years. Basically my fiance supports me and I take care of my son.

So now what do I do, in the event it is not possible to find another co-sponsor? is there a waiver? What about the fact that we do not intend on living in the USA full time right now??? We have 4 stores in peru and the income is 10X's more than I would make in the USA... sounds crazy, but its true.

Anyway, I'm a bit heart broken at this point, and need someone to help guide me in the right direction. I cant see staying full time in Peru much past the new year coming. I have put in my fair time in Peru, and now I am deeply concerned about my son. I need to be with him, and obviously my son needs his mom.

[milimelo 4,487]

Other family members or friends you can ask to be co-sponsors?

Without I-134 your fiance won't get the visa and there are no waivers around this.

Edited February 3, 2010 by milimelo

[Krikit 1,164]

Moving from US Citizenship forum to K-1 Process.

[TracyTN 237]

As the I 134 is a consular form, I'm moving to that forum instead.

[JimVaPhuong 4,863]

First, you need to keep in mind that you're going to need to do the sponsorship thing twice. The consulate uses the I-134 to screen beneficiaries for the "public charge" requirement, but the I-134 isn't really an enforceable contract. Once your fiance gets to the US you're going to have to submit an I-864 affidavit with his green card application. The I-864 is legally binding. Unless you get a good paying job shortly after arriving in the US, you're going to need a co-sponsor for the I-864 as well. You and your co-sponsor are going to be "on the hook" until your fiance gets his US citizenship, or accumulates 40 quarters of Social Security work credit, or loses his residency status and leaves the US, or either one of you dies. In other words, the liability could potentially last the rest of your life. The same applies to your co-sponsor.

You dad has a point, in a roundabout way. The hospital can't actually sue your dad. They aren't a party to the I-864 contract, and they can't seek to have it enforced. However, if your husband were to use any means tested benefit funded by the government to pay for hospital treatment, then the government could sue you and your dad for reimbursement. Your husband could theoretically also sue you and your dad for support.

There is no waiver for the affidavit of support. The consulate has the responsibility to determine if there is a likelihood that a K1 beneficiary might become a public charge in the US. There are no hard rules in immigration law or DoS policy that say how a consulate will make this determination, so the consulate can establish any procedures they want. Most consulates use the I-134 affidavit, and apply the income standards of the I-864. If you don't meet the consulate's requirements, then your fiance won't get a visa. Once your fiance comes to the US and you get married, there are absolute standards and requirements for the I-864. If you don't meet these requirements, your husband won't get a green card. It's that simple.

The fact that you don't plan to live "full time" in the US actually works against you. The intent of the K1 is to allow a foreign beneficiary to come to the US, marry the US citizen petitioner, and become a legal permanent resident of the US. Maintaining primary residency in the US is an absolute requirement in order to keep a green card. If the CBP or USCIS determines that your husband is spending too much time outside the US then they'll consider his residency to be abandoned, and they'll revoke his green card. If you don't intend to actually live in the US then you probably shouldn't have applied for a K1. I can promise you that if you make the argument at the consulate that you don't intend to live in the US full time then they'll deny your visa.

Here is a possible plan that might solve your problems...

Make concrete plans to move to the US and live here for at least 3 years. You can make some short trips abroad, but don't make them too frequently or stay outside the US too long. A few weeks at a time, a couple of times a year would be safe. After he's had his green card for 3 years, and he's still married to you, he should apply for US citizenship. Once he has his citizenship, then he can leave the US anytime he wants, and stay gone as long as he likes. Getting his citizenship will also end the obligation of the affidavit of support.

If you can make this plan, and convince your dad you intend to stick to it, then it might ease his mind about signing the affidavit of support.

[Bobby+Umit 161]

There is no waiver for the affidavit of support.

Yes there is. (very small window of waiver though )

9 FAM 40.41 N3.4-2 states that you must waive the Form I-

864, Affidavit of Support Under Section 213A of the Act,

requirement if the alien can demonstrate 40 quarters of work

under the Social Security Act. Any individual seeking to

demonstrate the number of quarters he or she has earned may

request a certified earnings record from the Social Security

Administration, which shows the number of qualifying quarters he

or she has accrued.

[Nik+Heather 121]

I wonder if the income from the 4 stores in Peru wouldn't count as the elusive "continuing from the same source"?? If it's a sufficient amount to support a US lifestyle, and doesn't need you there working.

Seems like another hurdle will be proving US domicile, especially if they aren't intending to really move to the US...