ki 221(g) asking for co sponsor

[daboyz 36]

What does his 2010 income look like? He should get his W-2s/1099s next month. He can file his taxes and then use that income if it is enough.

[fishegg6658 0]

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.

thanks Joydee

the consulate is asking for a i-134/ 2009 tax return/ and w2...would she worried about this for me if ever what the circumatanse was she worrying?

[pushbrk 12,806]

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

That's true but you still don't sign an I-134 and then some second document that releases you from the obligation. After arrival and marriage SOMEBODY who is qualified is going to need to sign the I-864 or the K1 visa holder will never have work authorization or a green card and will become an illegal alien. Some distinctions ultimately make no difference. This is one of them.

[Minya's wife 24]

That's true but you still don't sign an I-134 and then some second document that releases you from the obligation. After arrival and marriage SOMEBODY who is qualified is going to need to sign the I-864 or the K1 visa holder will never have work authorization or a green card and will become an illegal alien. Some distinctions ultimately make no difference. This is one of them.

But this gives the couple what they're seeking in the short term, that visa enabling the beneficiary to join his/her petitioner and marry, and gives them additional time to either have suitable employment for the USC to sponsor on his/her own or to find a co-sponsor that is willing to sign the I-864. Its not unheard of to wait some time after marriage to AOS.

[pushbrk 12,806]

But this gives the couple what they're seeking in the short term, that visa enabling the beneficiary to join his/her petitioner and marry, and gives them additional time to either have suitable employment for the USC to sponsor on his/her own or to find a co-sponsor that is willing to sign the I-864. Its not unheard of to wait some time after marriage to AOS.

Of course. It also gives the couple the opportunity to be reunited and married in the USA followed by failure to secure a sponsor. They are then faced with the foreigner becoming an illegal alien or leaving the US to live abroad. Without confidence they will have a qualified sponsor, it's playing with fire. Of course, it's their risk and their decision.

[JoyDee 21]

Of course. It also gives the couple the opportunity to be reunited and married in the USA followed by failure to secure a sponsor. They are then faced with the foreigner becoming an illegal alien or leaving the US to live abroad. Without confidence they will have a qualified sponsor, it's playing with fire. Of course, it's their risk and their decision.

I don't want to condemn anyone to undocumented status, that's taking a few leaps ahead of the game. MANY fiance visas don't work out, that's why the I-134 is not legally binding. One can't be expected to be responsible for someone if the relationship fails. Heck, many marriages don't work out, period. To live is to take risks. Also, the fiance visa is billed as a non-immigrant visa, something i still haven't figured out since everyone knows that they will emigrate if all goes well.

Good luck explaining this to the sponsor fishegg6658! She is probably concerned that she will be responsible for you on arrival as the language on the I-134 threatens to sue if the beneficiary (you) collect public assistance.

Try showing her this: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html

Happy Wednesday!

[Minya's wife 24]

Of course. It also gives the couple the opportunity to be reunited and married in the USA followed by failure to secure a sponsor. They are then faced with the foreigner becoming an illegal alien or leaving the US to live abroad. Without confidence they will have a qualified sponsor, it's playing with fire. Of course, it's their risk and their decision.

IMO its not as much playing with fire as you're making it out to be. We don't know further details about this situation, only that at this time, the sponsor they have lined up is having 'cold feet' due to a belief that the I-134 is contractually binding. Its not up to us to comment on their "confidence" because there isn't enough information by the OP about that. At a minimum their need to find a suitable co-sponsor is a few months away, during which time the parameters can change, as I stated. You're entirely discounting the possibility that the USC secures a sufficiently incomed job to not need a sponsor. And even if they don't have a sponsor by the time they're married and ready to AOS...the foreigner is not an illegal alien, he/she is just out of status, but afforded the opportunity to apply for said status at any time that the financial requirements are met.

[pushbrk 12,806]

IMO its not as much playing with fire as you're making it out to be. We don't know further details about this situation, only that at this time, the sponsor they have lined up is having 'cold feet' due to a belief that the I-134 is contractually binding. Its not up to us to comment on their "confidence" because there isn't enough information by the OP about that. At a minimum their need to find a suitable co-sponsor is a few months away, during which time the parameters can change, as I stated. You're entirely discounting the possibility that the USC secures a sufficiently incomed job to not need a sponsor. And even if they don't have a sponsor by the time they're married and ready to AOS...the foreigner is not an illegal alien, he/she is just out of status, but afforded the opportunity to apply for said status at any time that the financial requirements are met.

Now you're discussing the degree of risk and the timing of becoming an illegal alien. I don't disagree that precise conclusions about the actual level of risk or how long it will be before the foreigner could become legal and work would be beyond our current knowledge of the situation. That's why I didn't attempt to quantify either. It's for the couple, how close they wish to stand to just how big a fire. I'm pointing out clearly that there is a fire and where.

The OP in this case is who I'm referencing, and as the thread title indicates, they were blue slipped for a cosponsor at interview so it's a here and now issue.

Edited December 22, 2010 by pushbrk

[JimVaPhuong 4,863]

I don't want to condemn anyone to undocumented status, that's taking a few leaps ahead of the game. MANY fiance visas don't work out, that's why the I-134 is not legally binding. One can't be expected to be responsible for someone if the relationship fails. Heck, many marriages don't work out, period. To live is to take risks. Also, the fiance visa is billed as a non-immigrant visa, something i still haven't figured out since everyone knows that they will emigrate if all goes well.

Well, sort of.

The I-134 was intended to be a legally binding contract when it was originally designed by USCIS. It just didn't work out that way because it was badly written. Most of the actual contractual obligations that the I-134 was supposed to impose were actually contained in the instructions rather than the oath section of the form, as well as several public laws, so the form itself never clearly defines what your obligations are as a sponsor. This is one of the reasons why the I-134 was found to be unenforceable by several courts. USCIS doesn't use the I-134 anymore for this reason. Consulates use it as a financial declaration for non-immigrant visas, but consular officers are advised in the Foreign Affairs Manual that the I-134 is not enforceable and not to be given as much weight as an I-864. They are also advised that they are not supposed to require an I-864 for a K1 visa application because it's a non-immigrant visa.

Which brings us to...

The K1 is a non-immigrant visa because the visa applicant hasn't satisfied all of the requirements to apply for permanent residence at the time the visa is issued. The main qualifier - being married to a US citizen - doesn't exist yet. A K1 becomes an immigrant once they've satisfied that requirement and submitted an AOS application. Neither USCIS nor Department of State are supposed to require a binding I-864 until an alien is ready to apply to become an immigrant. Some consulates apparently require an I-864 for K1's anyway, which is contrary to the policies in the Foreign Affairs Manual.

Good luck explaining this to the sponsor fishegg6658! She is probably concerned that she will be responsible for you on arrival as the language on the I-134 threatens to sue if the beneficiary (you) collect public assistance.

Try showing her this: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html

Happy Wednesday!

Yeah, pushbrk makes a good point about this. It's true that a sponsor who signs an I-134 is not legally obligated to do anything whatever, in spite of text on the form itself. However, a sufficient affidavit of support from a qualified sponsor is going to be required when the K1 applies for adjustment of status, and that affidavit of support will be legally binding. I'm sure it's the consulate's objective to try to ensure that the alien will have a qualified sponsor to sign an I-864 when the time comes to do so. They don't want to send K1's to the US who will ultimately be unable to adjust status because they can't find a qualified sponsor.

In my opinion, Department of State should replace the I-134 with a form that clearly explains at what point in the process the contractual obligation will be required from a sponsor, explain the risks of obtaining a visa without having a willing qualified sponsor to sign a binding affidavit of support (i.e., the alien could be stuck in the US without the ability to obtain a green card), and require the sponsor to indicate their willingness and intent to follow through and sign an I-864 when the time comes. Some consulates have crafted their own policies in order to try to do exactly that, while still following the guidelines in the Foreign Affairs Manual. They rarely accept co-sponsors for K visas. They make exceptions when they believe there's a good chance the petitioner will be able to qualify on their own when it comes time to submit an AOS application, and they give preference for co-sponsors who are close family relatives, and are less likely to back out when it comes time to sign an I-864.

[fishegg6658 0]

I don't want to condemn anyone to undocumented status, that's taking a few leaps ahead of the game. MANY fiance visas don't work out, that's why the I-134 is not legally binding. One can't be expected to be responsible for someone if the relationship fails. Heck, many marriages don't work out, period. To live is to take risks. Also, the fiance visa is billed as a non-immigrant visa, something i still haven't figured out since everyone knows that they will emigrate if all goes well.

Good luck explaining this to the sponsor fishegg6658! She is probably concerned that she will be responsible for you on arrival as the language on the I-134 threatens to sue if the beneficiary (you) collect public assistance.

Try showing her this: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12693/0-0-0-13496.html

Happy Wednesday!

[fishegg6658 0]

Thank alot for the helpful info Joydee I appreciate you..Have a nice wednesday too and Merry christmas:))