Sponsorship question--Help Please

[Daniellesm07 0]

Hello there,

I have a question about the I-134 form that my fiance will need for his interview in Montreal in January. I recently found out that our co-sponsor will not be able to sponsor us because my fiance's father is Canadian. While my future father-in-law makes above and beyond the financial requirements, I was informed the co-sponsor needs to be a US citizen or a legal resident. While my family is willing to help, my mother is unemployed and I do not feel right asking my father. I am a full time student about to graduate college this coming May and work about 25 hours a week/ part time. Will they be lenient on my lack of funds or am I bascially out of luck? Any advice would be appreciated even if it is indirectly answering any part of this question.

Thank you for your time

[bt1 42]

Hello there,

I have a question about the I-134 form that my fiance will need for his interview in Montreal in January. I recently found out that our co-sponsor will not be able to sponsor us because my fiance's father is Canadian. While my future father-in-law makes above and beyond the financial requirements, I was informed the co-sponsor needs to be a US citizen or a legal resident. While my family is willing to help, my mother is unemployed and I do not feel right asking my father. I am a full time student about to graduate college this coming May and work about 25 hours a week/ part time. Will they be lenient on my lack of funds or am I bascially out of luck? Any advice would be appreciated even if it is indirectly answering any part of this question.

Thank you for your time

To my knowledge, they do not have special rules for students, so you need to fullfill the criterium as everyone else. The thing is, a co-sponsor doesn't need to be a relative, do you have a friend that may be willing to help?

[Daniellesm07 0]

Possibly a friend could help. What would be their obligations if they agree to co-sponor him? I dont want them to feel obligated and locked down because our real intent is to never become a public charge in the first place. I am so worried that we will get denied over this and it is driving me mad. I have read previous posts saying that the co-spon. must be a blood relative and be on the petitioners side of the family. But from what it sounds like it can be a friend as long as they are a US citizen and are willing to sign for us.

[ATPEACE 43]

Possibly a friend could help. What would be their obligations if they agree to co-sponor him? I dont want them to feel obligated and locked down because our real intent is to never become a public charge in the first place. I am so worried that we will get denied over this and it is driving me mad. I have read previous posts saying that the co-spon. must be a blood relative and be on the petitioners side of the family. But from what it sounds like it can be a friend as long as they are a US citizen and are willing to sign for us.

It seems as if you will need a co-sponsor for the K1 visa as well for the AOS. I would suggest that you look at the obligations that a co-sponsor will have in signing the 134 and the 186 financial obligation forms. The legal responsibilities are different for both forms.

[JimVaPhuong 4,863]

Possibly a friend could help. What would be their obligations if they agree to co-sponor him? I dont want them to feel obligated and locked down because our real intent is to never become a public charge in the first place. I am so worried that we will get denied over this and it is driving me mad. I have read previous posts saying that the co-spon. must be a blood relative and be on the petitioners side of the family. But from what it sounds like it can be a friend as long as they are a US citizen and are willing to sign for us.

Some consulates are choosy about whom they will accept for a co-sponsor for a K1. Some consulates almost never accept a co-sponsor for a K1 under any circumstances. As far as I know, Montreal is not one of the difficult consulates. Any US citizen or LPR who is domiciled in the US will probably be accepted as a co-sponsor.

If you have a friend in mind then you should be prepared to spend some time explaining this to them. The contract portion of the I-134 makes it appear that the form is legally binding on the sponsor, and they may be reluctant to sign the form because of it. However, the form is NOT legally binding, in spite of what it says. It has been tossed out of court as an unenforceable contract numerous times. USCIS originally authored the form, and they don't even use it anymore. Changes in immigration law in 1997 required an enforceable contract, and USCIS hired a team of lawyers to produce the I-864. Consulates still use the I-134 because it's convenient. If your friend is afraid of the contract language on the I-134 then show them this:

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

This is the Foreign Affairs Manual which consular officers use to determine visa eligibility. Look at page 15, "9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support".

This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

Understand that when you eventually submit a green card application then you're going to need a sufficient sponsor again, and this time you and your co-sponsor are going to have to sign an I-864 affidavit of support. The I-864 IS legally binding. If you think you're also going to need a co-sponsor for the green card application then it would be best if you found a co-sponsor now who was willing to sign both affidavits, the I-134 now and the I-864 later, and who is willing to assume the obligations that come with the I-864. Those obligations are spelled out in the I-864 instructions, but could potentially involve being "on the hook" for the rest of their lives if the sponsored immigrant ever collects means tested benefits.

[pushbrk 12,898]

Understand that when you eventually submit a green card application then you're going to need a sufficient sponsor again, and this time you and your co-sponsor are going to have to sign an I-864 affidavit of support. The I-864 IS legally binding. If you think you're also going to need a co-sponsor for the green card application then it would be best if you found a co-sponsor now who was willing to sign both affidavits, the I-134 now and the I-864 later, and who is willing to assume the obligations that come with the I-864. Those obligations are spelled out in the I-864 instructions, but could potentially involve being "on the hook" for the rest of their lives if the sponsored immigrant ever collects means tested benefits.

Welcome to the real world, where there are practical aspects to our adult life decisions.

[Aztec&Taino 144]

Hello there,

I have a question about the I-134 form that my fiance will need for his interview in Montreal in January. I recently found out that our co-sponsor will not be able to sponsor us because my fiance's father is Canadian. While my future father-in-law makes above and beyond the financial requirements, I was informed the co-sponsor needs to be a US citizen or a legal resident. While my family is willing to help, my mother is unemployed and I do not feel right asking my father. I am a full time student about to graduate college this coming May and work about 25 hours a week/ part time. Will they be lenient on my lack of funds or am I bascially out of luck? Any advice would be appreciated even if it is indirectly answering any part of this question.

Thank you for your time

Jim's advice is always the most accurate. Read his post carefully.

You need a co-sponsor who is willing to sign the co-sponsorship for the interview and for the Adjustment Of Status. It is a big favor to ask of someone. Even family members may not want to sign this sponsorship document. Having said this, you should graduate soon and, hopefully, you will be able to make more money and be available to sponsor your fiance(e) on your own. So, it may just be a matter of time before you can bring your fiance(e) over to the US (if you do not find a willing person who can fulfill the minimum $$$ sponsorship guidelines). No, as far as I know, they will not be lenient, really, why should they? Just because you are a student, young, and in-love? No. This is serious business and the US government sure does not need more people to need help and further empty the treasury. So, just wait until you finish school and you can get a full-time job. Or, get a full-time job now as you continue to study. It has been done. I have known plenty of people to hold two jobs (full-time and part-time) AND successfully complete college. It's all a matter of how much you want something.

Best wishes!

[Yellowhead 12]

My fiance and I have the same issue. We are both young, students and in love. USCIS is not at all leniant. They look at the facts only. We ended up having to ask my fiance's father who has his own business if he would sponsor us. Even now, I realize the impact of this decision. If you can find someone you trust, who knows you well and who isn't a random person, you probably won't have an issue. Read through the I-134 and take a look at the stipulations. Find out the poverty line and you will need %125 of that. We are above it, but are cutting it very close, so we chose a co-sponsor.

As for the comment about adult decisions, love isn't always a decision. I think most people would choose not to have to go through this process if they could choose, but in many cases love chooses you! As adult as you may be, we all have the capacity for love and are required to deal with its consequences. Waiting might be the consequence in this situation. If not, you can always try moving to Canada, which is really not that difficult, especially with a Canadian co-sponsor. I wish we had that option! Then I could keep my free healthcare

[Daniellesm07 0]

Thanks for the replies. I dont feel waiting for me to finish school is the best idea. We have already come this far it would be a shame to stop this process as we are at the interview step and come this far. I will find a sponsor and get this process over with. It is true, adult or not that love doesnt happen for no reason. Afterall this is why we are all on this website in the first place.

[pushbrk 12,898]

Thanks for the replies. I dont feel waiting for me to finish school is the best idea. We have already come this far it would be a shame to stop this process as we are at the interview step and come this far. I will find a sponsor and get this process over with. It is true, adult or not that love doesnt happen for no reason. Afterall this is why we are all on this website in the first place.

We're all here, (in this forum anyway) because we have a foreign fiance(e) or spouse. Some of us were better prepared than others to deal with the practical aspects of that circumstance.

[payxibka 10,045]

moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.