I-134 Co-Sponsor---Liable for What exactly?

[Johnta 0]

Does anybody know exactly what a co-sponsor is getting him or herself into if she agrees to do it?

I asked a family member who I am very close to---and she is hesitant because someone else told her she could lose her house and land etc etc and be responsible for all debts incurred by me and my fiancee etc--!

Is that really true? I thought the cosponsor would just have to provide enough for room & board if the fiancee showed up to claim food-stamps/welfare--?

Anyone know more about this?

____________________

My income THIS year is way over the $16,500 minimum---upper thirty's but last year--the year I have tax records for---I took off a lot of time to remodel my house and took some deductions and so 'adjusted gross' fell just short of that minimum.

Darn! to be this close--weeks away from interview time and be tripped up by this.

John in SC

[sunandmoon 450]

the I-134 is not legally binding, so there would be no effect to a co-sponsor. when you adjust your status, if your fiancial situation has not improved, you would need a co-sponsor for the I-864. that one IS legally binding.

[sunandmoon 450]

you shouldn't have a problem since pretty sure they just look at the gross income backed up by W-2

[aussiewench 9]

The I-134 when used by a conof is only one thing that they may use to determine if an applicant will or wont become a public charge. It is not a requirement of the K visa even though it is often used. Hence also why if you look at the example form it is answered in the way it is in regards to question 11. The I-134 form is used for other types of visa's which are for short visits to the US. Those on a K visa will be adjusting status to immigrants and when that happens the I-864 is legally binding.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A

(CT:VISA-823; 07-14-2006)

a. With the required use of Form I-864, Affidavit of Support Under Section

213A of the Act, under INA 212(a)(4)© and INA 213A for so many

classes of immigrants, the use of Form I-134, Affidavit of Support, has

been reduced considerably. Nevertheless, there still are circumstances

when Form I-134 will be beneficial. 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.

http://foia.state.gov/masterdocs/09fam/0940041N.pdf

[meauxna 15]

My income THIS year is way over the $16,500 minimum---upper thirty's but last year--the year I have tax records for---I took off a lot of time to remodel my house and took some deductions and so 'adjusted gross' fell just short of that minimum.

Darn! to be this close--weeks away from interview time and be tripped up by this.

John in SC

John, why is this 'tripped up'?

Your current income is sufficient.

You have an explanation for last year.

You have +sufficient previous years' returns.

True?

Are you sure you should be looking at adjusted gross, anyway?

[Johnta 0]

you shouldn't have a problem since pretty sure they just look at the gross income backed up by W-2

Hey--thanks you guys! (especially 'Aussie Wench'!)

That was tremendously helpful!

I found that thread "Help me make the case to my parents" over on one of the other forums too.

I am self-employed so don't have any W-2's to show them as proof.

It does seem that I've read somewhere on here that they now are supposed to give a lot of wight to your current income----if that is so I may be OK as this (2006) I have plenty of income----its just harder to prove because of self-employment.

As always---- this site and your great people have calmed my beating heart.

Much Appreciation!

John

[Johnta 0]

My income THIS year is way over the $16,500 minimum---upper thirty's but last year--the year I have tax records for---I took off a lot of time to remodel my house and took some deductions and so 'adjusted gross' fell just short of that minimum.

Darn! to be this close--weeks away from interview time and be tripped up by this.

John in SC

John, why is this 'tripped up'?

Your current income is sufficient.

You have an explanation for last year.

You have +sufficient previous years' returns.

True?

Are you sure you should be looking at adjusted gross, anyway?

Well---my current income IS sufficient----I'm just unsure that my proof of said income will be sufficient.

My letters from my tow bank accounts (assuming my banks do these kind of letters) will show this income but not WHERE it came from--- we self-employed people are usually looked at with a certain amount of suspicion!----- Plus my amount of savings is pretty low---lots of 'outgo' flowing to the remodel job---the house is my real 'savings account'---but at present I can only demonstrate $20,000 of equity as the remodel isn't quite finished---so my appraisal of tow years ago is much lower than its actual value (especially in about 6 months when its finished!)---house prices in the neighborhood have jumped up considerably recently too..... I know, I know! sob sob--whine whine! But it helps to vent my worries to you'all a bit.

As to 'Adjusted Gross Income'----- I was told (here) that that is the line they look at. The plain old Gross Income line is well over the 125% of poverty level (BTW----I just read somewhere that K-1's don't require 125% but only 100%--thats bogus isn't it?).

Sigh.

Thanks Again All you'all!

John in SC

[nannygirl82 0]

i wouldn't worry...in the same boat as you!! my lawyer told me not to worry as long as i have my "pay stubs" and a letter from work saying how much i make and i am in good standings....really that is all you should need!!

[meauxna 15]

Well---my current income IS sufficient----I'm just unsure that my proof of said income will be sufficient.

My letters from my tow bank accounts (assuming my banks do these kind of letters) will show this income but not WHERE it came from--- we self-employed people are usually looked at with a certain amount of suspicion!----- Plus my amount of savings is pretty low---lots of 'outgo' flowing to the remodel job---the house is my real 'savings account'---but at present I can only demonstrate $20,000 of equity as the remodel isn't quite finished---so my appraisal of tow years ago is much lower than its actual value (especially in about 6 months when its finished!)---house prices in the neighborhood have jumped up considerably recently too..... I know, I know! sob sob--whine whine! But it helps to vent my worries to you'all a bit.

As to 'Adjusted Gross Income'----- I was told (here) that that is the line they look at. The plain old Gross Income line is well over the 125% of poverty level (BTW----I just read somewhere that K-1's don't require 125% but only 100%--thats bogus isn't it?).

Ah, you didn't mention the ole self employed dilemma at first.

Contracts, invoices and other similar types of evidence of the income you've had this year would help with proving current income.

The bank letters help show deposits *over a period of time*.

You do not have to use an appraisal to demonstrate equity. If your house is truly worth a higher street price today, get a valuation from a RE pro.

The 1040 rules are different for self-employed.. you have to include all the schedules etc and yes, I believe for that it is the AGI you need.

Any other assets you can dig up? May as well shoot for the 125% regardless of the K rule.. you're going to need it shortly for the I-864.