Co-Sponsor question

[Lalo & Susana 50]

My father is going to be my fiance and my co-sponsor (K-1 visa). I spoke to USCIS about 2 months ago and they told me that I must fill out a I-134 affidavit of support and my father has to fill out a I-864A since I live with my father and when my fiance comes we will be living in my parents house until we find something else. Does my father need to fill out a I-864A and I-134? Does he even need to fill out the I-184A? I've never heard of that before him. The USCIS officer who helped me put me on hold about 4 times trying to find out what forms my father needed to fill out. Also my father has a house in USA and in Chile does he have to write down both houses or just the house in the USA? Thank you for your help!

[KayDeeCee 4,896]

My father is going to be my fiance and my co-sponsor (K-1 visa). I spoke to USCIS about 2 months ago and they told me that I must fill out a I-134 affidavit of support and my father has to fill out a I-864A since I live with my father and when my fiance comes we will be living in my parents house until we find something else. Does my father need to fill out a I-864A and I-134? Does he even need to fill out the I-184A? I've never heard of that before him. The USCIS officer who helped me put me on hold about 4 times trying to find out what forms my father needed to fill out. Also my father has a house in USA and in Chile does he have to write down both houses or just the house in the USA? Thank you for your help!

They do not call it the misinformation line for no reason.

You and your father will each fill out your own I-134 forms and no other form. As for listing his homes, does he need to list assets to make up for a shortcoming in his income? If he makes the 125% requirement for his household size plus the beneficiary then there is no need to list assets at all. Leave that section blank. If he lists assets, he must get the supporting evidence to document how much he claims on the form.

"Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset."

http://www.uscis.gov/files/form/i-864instr.pdf

[Lalo & Susana 50]

They do not call it the misinformation line for no reason.

You and your father will each fill out your own I-134 forms and no other form. As for listing his homes, does he need to list assets to make up for a shortcoming in his income? If he makes the 125% requirement for his household size plus the beneficiary then there is no need to list assets at all. Leave that section blank. If he lists assets, he must get the supporting evidence to document how much he claims on the form.

"Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner's claim of its net cash value.

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, this, you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset."

http://www.uscis.gov/files/form/i-864instr.pdf

Wow that guy had me so nervous. He told me since I live with my father he had to fill out the I-864A form. Which made me nervous bc I've never read anything about that here. Thank you for clearing that up. No my father makes a lot more than 125% poverty line. I actually just miss it by $1,000 or something like that just because I went 4 months to go visit my fiance without pay. lol

Thanks again!

[Lalo & Susana 50]

Oh also does the I-134 form need to be all caps or can I use lower case letters too? Weird question I know its just I saw on the example form that everything was in caps.

Thanks

[VanessaTony 3,567]

Wow that guy had me so nervous. He told me since I live with my father he had to fill out the I-864A form. Which made me nervous bc I've never read anything about that here. Thank you for clearing that up. No my father makes a lot more than 125% poverty line. I actually just miss it by $1,000 or something like that just because I went 4 months to go visit my fiance without pay. lol

Thanks again!

How can you "miss it" by $1000 because of a holiday when it goes by CURRENT income? I assume then you're referring to your tax return. While that information is important, it's CURRENT income that matters so if you annual income is above the threshold then you don't need a co-sponsor.

Also, sometimes a co-sponsor for the K1 can be asked for an I-864 instead of the I-134 because it's legally binding. So be aware of that.

[Lalo & Susana 50]

How can you "miss it" by $1000 because of a holiday when it goes by CURRENT income? I assume then you're referring to your tax return. While that information is important, it's CURRENT income that matters so if you annual income is above the threshold then you don't need a co-sponsor.

Also, sometimes a co-sponsor for the K1 can be asked for an I-864 instead of the I-134 because it's legally binding. So be aware of that.

I miss it by $1,000 on my current income. I took off January 2012 - April 2012 without pay to go live with my fiance and I have set hours from now until the end of the year and cannot add more hours that is how I miss it by $1,000. I cannot even get a 2nd job due to the hours of my full time job that is why I need a co-sponsor if I didn't take that time off I wouldn't need one.

Do you recommend that I have my father fill out both the I-134 and the I-864A? And is it the I-864A or the I-864? I am living with my father right now and was told that made a difference.

[VanessaTony 3,567]

I miss it by $1,000 on my current income. I took off January 2012 - April 2012 without pay to go live with my fiance and I have set hours from now until the end of the year and cannot add more hours that is how I miss it by $1,000. I cannot even get a 2nd job due to the hours of my full time job that is why I need a co-sponsor if I didn't take that time off I wouldn't need one.

Do you recommend that I have my father fill out both the I-134 and the I-864A? And is it the I-864A or the I-864? I am living with my father right now and was told that made a difference.

Okay. It doesn't go by "year" as in Jan to Dec. It goes by, say you file in April so the months April to April. So if you earn $2K a month as of the time of filing then in 12 months it's $24K and you'd be fine. Anyway I'm sure you know what I mean

It would be the I-864. Yes you're right that as your household member he would normally complete and I-864A to "combine" your income with his on YOUR I-864 but you're not completely an I-864. So you can't do an I-864A (A being "attachment") because there isn't an I-864 to attach it to. Plus if he earns sufficient income himself he may as well just do the I-864 (and this will be for AOS time as well). Hopefully they'll just need the I-134 but it's better to be prepared just in case.

[Lalo & Susana 50]

Okay. It doesn't go by "year" as in Jan to Dec. It goes by, say you file in April so the months April to April. So if you earn $2K a month as of the time of filing then in 12 months it's $24K and you'd be fine. Anyway I'm sure you know what I mean

It would be the I-864. Yes you're right that as your household member he would normally complete and I-864A to "combine" your income with his on YOUR I-864 but you're not completely an I-864. So you can't do an I-864A (A being "attachment") because there isn't an I-864 to attach it to. Plus if he earns sufficient income himself he may as well just do the I-864 (and this will be for AOS time as well). Hopefully they'll just need the I-134 but it's better to be prepared just in case.

Okay I will fill out the I-134 and have my father fill out the I-134 and the I-864 just in case I need it for whatever reason. On the I-134 is my father sponsoring me or my fiance? Because when I fill out the I-134 I know I fill in my fiance's name under the sponsor information I am assuming my father does the same is that correct? Or should my father be putting my information there as he is sponsoring me since I don't have sufficient funds?

And regarding the other part if I sent my application June 2012 you mean it would be June 2012 - June 2013? I was under the impression if I filed June 2012 it would be 6 months before and the 6 months it takes to approve. I was really nervous and freaking out about it. lol I used to have a job where I made more than double what I make now but when my boss found out I was dating someone from another country he thought I would be moving so he made my life hell and cut my hours and so on until I was basically forced to leave. So that is why this money thing to me is so confusing bc with the other job I had more than enough money but now I have a little more free time which I think is better for when my fiance comes. Guess everything happens for a reason.

Thank you for all your help!

[KayDeeCee 4,896]

I miss it by $1,000 on my current income. I took off January 2012 - April 2012 without pay to go live with my fiance and I have set hours from now until the end of the year and cannot add more hours that is how I miss it by $1,000. I cannot even get a 2nd job due to the hours of my full time job that is why I need a co-sponsor if I didn't take that time off I wouldn't need one.

Do you recommend that I have my father fill out both the I-134 and the I-864A? And is it the I-864A or the I-864? I am living with my father right now and was told that made a difference.

You multiply your hourly pay by the number of hours you work a week, then multiply that by 52 in order to get your annual current income. If that comes out to enough, then you do not need a co-sponsor. Provide a letter from employer and a few most recent pay stubs to prove that income.

I would ask in your regional forum or contact your consulate directly to inquire if they ask for the I-864 from a co-sponsor for a K-1 visa. Most do not use the I-864 at all for a K-1 so I am fairly certain your father will only need the I-134 if you need the co-sponsor. Also, If any of the members in this thread are still active, send them a PM and ask them if they only use the I-134 for co-sponsors: http://www.visajourney.com/forums/topic/313751-co-sponsor-procedures/

Okay I will fill out the I-134 and have my father fill out the I-134 and the I-864 just in case I need it for whatever reason. On the I-134 is my father sponsoring me or my fiance? Because when I fill out the I-134 I know I fill in my fiance's name under the sponsor information I am assuming my father does the same is that correct? Or should my father be putting my information there as he is sponsoring me since I don't have sufficient funds?

Your father is sponsoring the beneficiary, not you.

[VanessaTony 3,567]

Okay I will fill out the I-134 and have my father fill out the I-134 and the I-864 just in case I need it for whatever reason. On the I-134 is my father sponsoring me or my fiance? Because when I fill out the I-134 I know I fill in my fiance's name under the sponsor information I am assuming my father does the same is that correct? Or should my father be putting my information there as he is sponsoring me since I don't have sufficient funds?

And regarding the other part if I sent my application June 2012 you mean it would be June 2012 - June 2013? I was under the impression if I filed June 2012 it would be 6 months before and the 6 months it takes to approve. I was really nervous and freaking out about it. lol I used to have a job where I made more than double what I make now but when my boss found out I was dating someone from another country he thought I would be moving so he made my life hell and cut my hours and so on until I was basically forced to leave. So that is why this money thing to me is so confusing bc with the other job I had more than enough money but now I have a little more free time which I think is better for when my fiance comes. Guess everything happens for a reason.

Thank you for all your help!

Your father is sponsoring your fiance.

Re the sponsorship... nope. It's what is your annual income at the time of filing so what you are earning now, in the next year. Jay-Kay explained it as well