All these cosponsor questions...one more

[Tim and Lin 0]

Hello again,

It is good to see people from CSC getting NOA2, it gives the rest of us hope. I pretty much have all my paperwork prepared, but I would like to have a little more security in the I-134. I read that the requirements are the same as the I-864. Here is the the important part:

A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions,and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.

Maybe this is the almost lawyer coming out in me, but it says (emphasis added):

1) *ANY* US Citizen, national, or permanent resident

2) 18 years or older

3) domiciled in the US

4) willing to be held jointly liable for the support of the immigrant

5) The sponsor does not HAVE to be related to the petitioner or immigrant - it does not say the cosponsor can't be related

We have both heard that her family cannot be a cosponsor. She has an uncle that is a permanent resident that is more than willing to help us. However, according th the I-864, no where does it say that her family cannot help. I understand if immediate family, but this is her uncle.

The reason for the cosponsor is while I have assets that more than meets the 5*poverty line requirement, my income from my job is not stellar since I am in law school. We would rather be safe than sorry and have a cosponsor ready.

Any thoughts?

Thanks for your help,

Tim and Lin

[payxibka 10,047]

Hello again,

It is good to see people from CSC getting NOA2, it gives the rest of us hope. I pretty much have all my paperwork prepared, but I would like to have a little more security in the I-134. I read that the requirements are the same as the I-864. Here is the the important part:

A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions,and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.

Maybe this is the almost lawyer coming out in me, but it says (emphasis added):

1) *ANY* US Citizen, national, or permanent resident

2) 18 years or older

3) domiciled in the US

4) willing to be held jointly liable for the support of the immigrant

5) The sponsor does not HAVE to be related to the petitioner or immigrant - it does not say the cosponsor can't be related

We have both heard that her family cannot be a cosponsor. She has an uncle that is a permanent resident that is more than willing to help us. However, according th the I-864, no where does it say that her family cannot help. I understand if immediate family, but this is her uncle.

The reason for the cosponsor is while I have assets that more than meets the 5*poverty line requirement, my income from my job is not stellar since I am in law school. We would rather be safe than sorry and have a cosponsor ready.

Any thoughts?

Thanks for your help,

Tim and Lin

If he meets the guidelines as he is an LPR then I see no problem. Why people say that it cannot be her family is that they are typically abroad and therefore do not meet the guidelines.

Edited November 6, 2006 by fwaguy

[kitkat1 5]

We have both heard that her family cannot be a cosponsor.

Not sure where you got that - it's fine for her family to be a cosponsor if they qualify. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant, but certainly it can be family if they make enough money to support the household size.

Now I'm confused - who is the USC and whose family?

Edited November 6, 2006 by kitkat1

[Tim and Lin 0]

I am the US citizen and she is Chinese. Her uncle is Chinese, but a green card holder and lives in the US. He is willing to be our cosponsor. Hope that clears things up.

Thanks for the replies.

Edited November 6, 2006 by Tim and Lin

[aussiewench 9]

Tim and Lin

Keep in mind also when trying to draw comparisons with the I-864 and the I-134. There is very clear directions as per the use of a joint sponsor when it comes to the I-864. The same does not exist for the I-134. Hence why consulates do vary in their use of the I-134 and what they will accept.

[a&o 4]

Question: does the co-sponsor for the I-134 have to reside in the U.S. if he is a U.S. citizen? Our co-sponsor was going to be my step-father (I am the USC) who is a U.S. citizen but who is teaching on a 2 year contract at a university in Egypt.

Is this going to be a problem?

Thanks for help!

[Yodrak 7]

Tim and Lin,

Not true - the financial requirements for a non-immigrant visa, including the K visas, are not necessarily the same as for an immigrant visa. Consular officers have a lot more discretion to determine whether or not a K-visa applicant meets the public charge provisions of the law. This can be advantageous or it can be disadvantageous.

First off, the sponsor for a K visa applicant does not necessarily have to be the petitioner. It does, however, have to be someone who the consular officer feels confident both can and will provide the necessary support. It's the 'will provide' part that eliminates a lot of potential sponsors in the mind of consular officers at some consulates.

I-864 requirements will apply for adjustment of status, however, and will come in to play soon after entry to the USA. It is reasonable to expect that a person who qualifies as a Joint Sponsor for adjustment of status should be acceptable as a sponsor for a K-visa applicant, but that is not the same as saying that the requirements are the same.

Yodrak

.... I would like to have a little more security in the I-134. I read that the requirements are the same as the I-864. ....

The reason for the cosponsor is while I have assets that more than meets the 5*poverty line requirement, my income from my job is not stellar since I am in law school. We would rather be safe than sorry and have a cosponsor ready.

Tim and Lin

a&o,

Don't know if it will be a problem for your stepfather to be the sponsor for the visa. It will be a problem if you will need him to be a Joint Sponsor for adjustment of status.

Yodrak

Question: does the co-sponsor for the I-134 have to reside in the U.S. if he is a U.S. citizen? Our co-sponsor was going to be my step-father (I am the USC) who is a U.S. citizen but who is teaching on a 2 year contract at a university in Egypt.

Is this going to be a problem?

Thanks for help!

[meauxna 15]

Don't know if it will be a problem for your stepfather to be the sponsor for the visa. It will be a problem if you will need him to be a Joint Sponsor for adjustment of status.

Yodrak

Question: does the co-sponsor for the I-134 have to reside in the U.S. if he is a U.S. citizen? Our co-sponsor was going to be my step-father (I am the USC) who is a U.S. citizen but who is teaching on a 2 year contract at a university in Egypt.

Is this going to be a problem?

Thanks for help!

Yodrak,

Really?

OK, just wanted to double check. The I-864 instructions make a case for a&o's step-father having retained domicile in the US. S/he will have to hash out the details, but merely residing temporarily outside the US should not be a bar to step dad being a Sponsor.

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

(see form)

Edited November 6, 2006 by meauxna

[Yodrak 7]

meauxna,

I see what you mean. Not "will be", 'may be'.

A Joint Sponsor needs to be domicilied in the USA or one of it's territories or possessions. Someone on a 2-year contract outside the USA may very well be domiciled in the USA. Or not. More information needed.

Thanks for catching me on that.

Yodrak

Don't know if it will be a problem for your stepfather to be the sponsor for the visa. It will be a problem if you will need him to be a Joint Sponsor for adjustment of status.

Yodrak

Question: does the co-sponsor for the I-134 have to reside in the U.S. if he is a U.S. citizen? Our co-sponsor was going to be my step-father (I am the USC) who is a U.S. citizen but who is teaching on a 2 year contract at a university in Egypt.

Is this going to be a problem?

Thanks for help!

Yodrak,

Really?

OK, just wanted to double check. The I-864 instructions make a case for a&o's step-father having retained domicile in the US. S/he will have to hash out the details, but merely residing temporarily outside the US should not be a bar to step dad being a Sponsor.

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

(see form)

[meauxna 15]

Thanks for catching me on that.

Yodrak

My (extremely rare) pleasure.