ki 221(g) asking for co sponsor

[thelastpetitioner 218]

Depends on the consular office. While they may ask for it eventually, they could also ask for your last ten years tax statements or any other bunch of things. (First born child?) The worst they could do is ask. My family gave me engagement gifts because they knew that this was going to be an issue for me. So what, the money arrived in the last six months.. doesn't make it any less my money.

sweetheart you cant lie to the consulate.

you cant take money just to make up a false amount of savings,last six months is something,receiving a big chunk of money in a month or two is another,if they are relaying only on the petitioner's savings they are 43,500 short.

how in the world would they be able to deposit that amount without making look like a scam?

they dont ask for ten year prior's tax returns because its unnecessary and unheard of.

[pushbrk 12,566]

There are three requirements for assets to be considered:

1. Proof of ownership.

2. Proof of value.

3. A reasonable assumption that the assets could be converted into cash within 12 months without undue hardship or financial loss to the sponsor.

With cash assets in a bank account, you've got requirements 2 and 3 nailed. Requirement #1 is a little more ambiguous. The fact that the cash is in your bank account means you have control over it, but it doesn't necessarily mean that it's your money which you're free to dispose of. As I said, consular officers have seen every trick possible, and there have been no shortage of petitioners who have had mom and dad slip them $10K or $20K just so they could show sufficient assets to qualify.

If the money was received as a series of gifts then it's certainly your money, but the consulate isn't required to see it this way. Remember that they have wide latitude when considering an I-134. They could simply choose to ignore the assets, and go strictly by your income. If they end up asking you for bank statements going back six months or one year then I recommend you get statements from the people who gave you gifts attesting to the fact that the money is yours and not simply a temporary loan. You can back this up with copies of the canceled checks.

Good counsel. Also, it is critical to understand that the Consular officer is required to make a reasonable determination that the intending immigrant will not become a public charge. As such, the financial guidelines are not a goal line that if you technically cross, you score a visa.

Cash in a bank account is a liquid asset but unless it's been there a while it is also often considered "immediately disposable" for such things as travel, automobile and wedding expenses, (in a K1 case) so may reasonably be deemed as of no value in actually providing support for the immigrant over any long period of time. Consular officers are trained to consider the totality of the circumstances. A 22 year old waitress at Denny's with $30k in a savings account is not going to be evaluated the same as an underemployed factory worker with a long term history of good income with the same $30k in their account.

Another consideration in the case of a recent influx of cash is that the foreigner is paying the petitioner to help them get a green card. I've seen numerous cases where the US Citizen has been asked for detailed bank statements going back a year or more, just to investigate that particular angle. Beware.

[JoyDee 21]

sweetheart you cant lie to the consulate.

you cant take money just to make up a false amount of savings,last six months is something,receiving a big chunk of money in a month or two is another,if they are relaying only on the petitioner's savings they are 43,500 short.

how in the world would they be able to deposit that amount without making look like a scam?

they dont ask for ten year prior's tax returns because its unnecessary and unheard of.

You are awfully patronizing, last. I'm not suggesting that anybody lies to the consular officer. If this couple cannot get a sponsor, they likely won't be approved. I wish them all the best as they determine their options. I am suggesting that the benefit of having a savings account with cash assets should not be overlooked. It is not unheard of to get marital and engagement gifts and is actually the norm in most societies. Others in this thread have commented quite well on why with their savings account, this couple still does not qualify. We all have unique circumstances.

I do thank Jim and push for their useful input.

[JoyDee 21]

Good counsel. Also, it is critical to understand that the Consular officer is required to make a reasonable determination that the intending immigrant will not become a public charge. As such, the financial guidelines are not a goal line that if you technically cross, you score a visa.

Cash in a bank account is a liquid asset but unless it's been there a while it is also often considered "immediately disposable" for such things as travel, automobile and wedding expenses, (in a K1 case) so may reasonably be deemed as of no value in actually providing support for the immigrant over any long period of time. Consular officers are trained to consider the totality of the circumstances. A 22 year old waitress at Denny's with $30k in a savings account is not going to be evaluated the same as an underemployed factory worker with a long term history of good income with the same $30k in their account.

Another consideration in the case of a recent influx of cash is that the foreigner is paying the petitioner to help them get a green card. I've seen numerous cases where the US Citizen has been asked for detailed bank statements going back a year or more, just to investigate that particular angle. Beware.

Push, I think those two will be looked at the same, actually. I don't think they are looking at "credit-worthiness" which would be the only distinction between the two. In fact, the young waitress might have more potential because she is just starting out. In any case, I'm wondering if having CDs or something else would be better than having cash in the bank or if its all the same.

Hadn't thought of the fraud aspect of recent cash acquisitions. We're all human tho, I hope not to let the conspiracy theory take over in my mind. I can only present the real evidence as it exists.

[pushbrk 12,566]

Push, I think those two will be looked at the same, actually. I don't think they are looking at "credit-worthiness" which would be the only distinction between the two. In fact, the young waitress might have more potential because she is just starting out. In any case, I'm wondering if having CDs or something else would be better than having cash in the bank or if its all the same.

Hadn't thought of the fraud aspect of recent cash acquisitions. We're all human tho, I hope not to let the conspiracy theory take over in my mind. I can only present the real evidence as it exists.

You're entitled to your opinion but my experience causes me to believe as I stated. Credit worthiness is NOT the issue. It's the ability to earn an income. History of doing so, is no guarantee but is better than no history of good income and no evident near future ability to do so.

There are probably MANY things you haven't thought of, that those with more experience have not only thought of but experienced or observed. You would be wise to bear that in mind.

[JoyDee 21]

You're entitled to your opinion but my experience causes me to believe as I stated. Credit worthiness is NOT the issue. It's the ability to earn an income. History of doing so, is no guarantee but is better than no history of good income and no evident near future ability to do so.

There are probably MANY things you haven't thought of, that those with more experience have not only thought of but experienced or observed. You would be wise to bear that in mind.

wow you guys really like to bash people. not a friendly atmosphere.

[pushbrk 12,566]

wow you guys really like to bash people. not a friendly atmosphere.

Nobody got bashed. I disagree with you. If you can't deal with being disagreed with, nobody is forcing you to post.

It is my opinion that you are at a place in your immigration learning curve where you would be better served by reading, than posting opinions.

Edited December 21, 2010 by pushbrk

[fishegg6658 0]

Thank a lot for guys who gave an opinion my fiance found a new sponsor but unfortunately when the co sponsor checked the website she changed her mind right away because she is afraid of the responsibility when she have read that she should be responsible for me for 10years support in case and everyhting that's why she wouldn't do that I just hope there's a possibility of the sponsor to get something like an agreement to stop the validity of her sponsorship as soon as I get to the US.She wanted to get an official document to invalid the sponsorship once I get to the US. Is there any idea someone here please. Please I need your opinion again..please

[pushbrk 12,566]

Thank a lot for guys who gave an opinion my fiance found a new sponsor but unfortunately when the co sponsor checked the website she changed her mind right away because she is afraid of the responsibility when she have read that she should be responsible for me for 10years support in case and everyhting that's why she wouldn't do that I just hope there's a possibility of the sponsor to get something like an agreement to stop the validity of her sponsorship as soon as I get to the US.She wanted to get an official document to invalid the sponsorship once I get to the US. Is there any idea someone here please. Please I need your opinion again..please

Not possible. The sponsorship is required in order to assure the rest of us taxpayers won't have to support you once you get here. Sponsorship that ends upon your arrival would be useless.

[JoyDee 21]

Not possible. The sponsorship is required in order to assure the rest of us taxpayers won't have to support you once you get here. Sponsorship that ends upon your arrival would be useless.

It depends which sponsor document you are signing. The I-134 is not legally binding. The I-864 is legally binding.

[kennym 275]

Push, I think those two will be looked at the same, actually. I don't think they are looking at "credit-worthiness" which would be the only distinction between the two. In fact, the young waitress might have more potential because she is just starting out. In any case, I'm wondering if having CDs or something else would be better than having cash in the bank or if its all the same.

Hadn't thought of the fraud aspect of recent cash acquisitions. We're all human tho, I hope not to let the conspiracy theory take over in my mind. I can only present the real evidence as it exists.

In what reality does "What you Think" matter??? It's what the CO thinks!!!

What evidence are you refering to? The evidence of recieving a huge cash deposit? Are you sure you want the CO to know about that?

I believe you should stop giving advise on "what you think" it's not sound advise and helps nobody...

[JoyDee 21]

What are you smoking? It doesn't matter which for you're signing, you still need to show effective the same thing?

Think before you post!!

I don't smoke. Yes it DOES matter what document you are signing. If someone is worried about having a legally binding contract with the US government when they sponsor someone. The I-134 is NOT LEGALLY BINDING. This means that the sponsor can sign it and they will not be held responsible if the beneficiary ends up on welfare.

The I-864 is LEGALLY BINDING. This is generally not used for fiance visas but you will have to check with the consulate and package 3 to see what is required in your situation.

[Kathryn41 3,205]

thread closed for review

After review I am re-opening this thread with several comments.

First, I have split off 3 posts related to the topic but which involve a different petitioner into their own thread so as not to get lost in this thread. Those posts can be found here: http://www.visajourn...his-sufficient/ . It is always better to start a new thread rather than ask a question about different individual circumstances in someone else's thread.

Second, I have removed a number of posts for TOS violations. I remind everyone that when you became a member of Visa Journey you agreed to abide by the Terms of Service. It is obvious by the posted content that I have removed that some of you have either not read the TOS or believe that the TOS do not apply to you. Believe me, they do. I advise everyone who is posting in and reading this thread - especially those who have been on VJ for less than a year - to read the TOS now http://www.visajourn...m/content/terms before you post again on VJ.

Third, this is an official warning. Continued posts that make personal attacks, and become disruptive and argumentative when errors of information are pointed out will be removed and the posters will receive administrative action. You are not allowed to make personal attacks, to insult another member of VJ or to cop an 'attitude' in the Immigration forums with language that may be acceptable in the Off Topic forums but will not be tolerated here in the Immigration forums.

Finally, I would advise the OP that some of our senior members have given you very good advice. Good luck in finding another co-sponsor. It sounds like the Consulate is ready to approve your visa once they are satisfied you won't become a public liability in the US.

Edited December 22, 2010 by Kathryn41

[Kathryn41 3,205]

Three additional posts have been removed and the edited content of one post returned to the thread below:

you pretty much suggested fraud. if you did what you advised OP to do,i can assure you you would be denied and your fiance would get banned. yet when you were told by an attorney and someone who knows what they are talking about that your suggestion could get mistaken for fraud,you got mad, called us pretty much hostile

Edited December 22, 2010 by Kathryn41

[JoyDee 21]

In what reality does "What you Think" matter??? It's what the CO thinks!!!

What evidence are you refering to? The evidence of recieving a huge cash deposit? Are you sure you want the CO to know about that?

I believe you should stop giving advise on "what you think" it's not sound advise and helps nobody...

I was referring to the evidence of canceled checks from my family members that display that my fiance is not "buying me off".

And my thoughts on whether or not a currently underemployed worker who may not satisfy income requirements and a person who does satisfy but does not have a "work history" is quite relevant. The CO wants to know current income, which is why they ask for your most current tax return.