Affidavit (Please Help) =((

[israsaif 1]

Hello everyone, i am going through a dilemma so I would appreciate everyones input and advice:

I am a 21 year old student with just a part time job so I cannot sponsor my fiance.. My father is 100% willing to support my fiance during his stay but his income is definitely insufficient considering he has already sponsored someone else in 2009. My fiance is prepared to support himself if necessary taken that he has a well paying job in Algeria and an account with US dollars which he will bring proof of. Is my only choice now to use a family friend as a co-sponsor? What should I do?

[JimVaPhuong 4,863]

Hello everyone, i am going through a dilemma so I would appreciate everyones input and advice:

I am a 21 year old student with just a part time job so I cannot sponsor my fiance.. My father is 100% willing to support my fiance during his stay but his income is definitely insufficient considering he has already sponsored someone else in 2009. My fiance is prepared to support himself if necessary taken that he has a well paying job in Algeria and an account with US dollars which he will bring proof of. Is my only choice now to use a family friend as a co-sponsor? What should I do?

You have two hurdles to jump here. The first is at the consulate when getting the visa. The second is in the US when applying for the green card.

Most consulates won't allow a beneficiary to self-sponsor for a K1 visa. London is the only consulate I've heard of that allows this, though I'm sure there are probably a few others. Even if your fiance were in London, I doubt they'd allow him to self-sponsor. One of the basic requirements in accepting an intending immigrant's income is that the income has to be reasonably expected to continue from the same source after they become a US immigrant. I imagine he'll be giving up his job in Algeria to come to the US. They might allow him to use the assets he's got in the bank, but they would need to be three times the difference between your income and the minimum required income. Frankly, I wouldn't depend on that route. Consulates have a lot more discretion with an I-134 affidavit of support, and many consulates are more interested in looking for a reason to deny than to approve. They could simply ignore his financial evidence and deny him on the public charge requirement. The point is that they aren't required to accept it, so they could simply choose not to. I've seen more than a few cases here on VJ where the beneficiary showed up with bank statements and property deeds ready to self-sponsor, and the consulate denied them for lack of a sufficient sponsor.

Your safest route is to find a joint sponsor with sufficient income.

[serendipity9 1]

I concur with the post above. I had not only a family friend as a co-sponsor but my fiance also had his own funds to show self-suffiency. Neither were acceptable in this case. It is seems very arbitrary and frustrating, but it is left to the discretion of the CO.

Had I known then what I know now about this latitude in considering k1 co-sponsors, I would've just gone ahead and got married and filed for CR-1 whereby they are required to accept a co-sponsor with the legally-binding I-864 affidavit of support (as opposed to the essentially worthless "paper tiger" that is I-134)

If there is no way you can increase your income to meet the requirement on your own, you may want to consider going with the CR-1 and have any family member or friend who is willing and eligible to co-sponsor.

If you feel it's already too late for that and you wanna go ahead with a friend as your co-sponsor, then try it... every case is different and maybe they will view your circumstances differently (you're a student afterall, obviously you're potential earning capacity is much more promising than where you are now) the worst they can say is "no" and even then it's not like you can't try to remedy the situation or re-file. Best of luck.

[tebessa16 3]

he can't support himself at all well it dose not matter if your father he sponsored well he still can do that good luck allways from Tebessa

just let your father do it