I-134 responsibilities

[riss 12]

Hi everyone,

Is there anything written down, officially, somewhere that describes the responsibilities of a cosponsor for the i-134 - or for the i-864 for that matter? There are short descriptions in the instructions of each, but I really need something more detailed.

My cosponsor decided to pull out just as we were getting ready to submit Packet 3. My fiance is rushing around to try and find someone else, and we're struggling to explain to people what is involved.

I keep reading here that the I-134 is not binding and no big deal. But it's just so hard to tell anyone that without sounding like we are trying to minimise the seriousness of the matter. They read the instructions on the I-134 which say that they will be liable and can be sued. They're imagining all kinds of things they could be sued for, and I don't even know how to tell them what it would and would not involve. The only written/official information I've found is a DS-1858, 'Sponsor's Financial Responsibility Under The Social Security Act', which says they are responsible for 3 years. It doesn't really work for us to tell them to disregard that - that basically we know better and this really isn't a big deal. They envision all kinds of scenarios, e.g. credit checks being done on them, being denied for loans or mortgages, having to pay my medical bills, etc. I don't know how to prove to them what the scope of the i-134 (or the i-864) actually is. Is there any official document that actually lists clearly what the supposed responsibilities are?

Thanks for any advice,

Riss

[VanessaTony 3,567]

Page 31 here: http://www.state.gov/documents/organization/86988.pdf Talks about the i-864 and how it's legally binding.

That document also talks about the I-134 and what it entails. Bottom of page 14 it states "the I-134 is not legally binding"

Because INA 212(a)(4)© and INA 213A require the use of Form I-864for 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.

Hopefully that helps!

**Edit - I'll also mention the I-864 IS a serious form. I personally wouldn't sign that for a friend or family member except maybe my mum (and of course my husband). The i-134 isn't really a serious form at all, it's more of a pre-qualifier.

Edited December 22, 2012 by Vanessa&Tony

[NigeriaorBust 4,087]

The problem with the I 134 is that it isn't binding but you need someone to also step up to the I 864 if you are doing AOS and getting a green card for your fiance to stay, unless you expect a sudden rise in income.

[KayDeeCee 4,893]

Page 31 here: http://www.state.gov/documents/organization/86988.pdf Talks about the i-864 and how it's legally binding.

That document also talks about the I-134 and what it entails. Bottom of page 14 it states "the I-134 is not legally binding"

Hopefully that helps!

**Edit - I'll also mention the I-864 IS a serious form. I personally wouldn't sign that for a friend or family member except maybe my mum (and of course my husband). The i-134 isn't really a serious form at all, it's more of a pre-qualifier.

No one will get sued over the I-134. It is not legally binding and the government knows that. Besides, when you adjust status, the I-864 will take the place of the I-134 anyway.

[riss 12]

Regarding stepping up to the i-864, as Nigeria mentioned, I have cash and part-ownership of a home in Australia, and if these are taken into account at that stage we would have more than enough. It's just that my fiance on his own does not have any assets other than equity in his home. So I believe we will be okay at AOS stage, based on that. That's my thinking anyway, someone please correct me if I'm wrong.

No one will get sued over the I-134. It is not legally binding and the government knows that. Besides, when you adjust status, the I-864 will take the place of the I-134 anyway.

Jay-Kay, that's exactly what we want to get across to people, but how do I prove it to them? All I can say is that people on VJ know all about it and I trust them, lol. It's kind of driving me nuts because obviously I believe what you're saying, but when I'm showing someone a form that tells them they are responsible for my welfare and support and can be sued, and I have no evidence to explain to them exactly what they are or are not responsible for - how do I convince them that it isn't a serious and major undertaking? I can't even find it written down anywhere that their responsibility will cease once I send in my i-864. They just have to take my word for everything - or my fiancé's anyway - and nobody so far has found that quite enough. Our previous cosponsor wanted very much to help but she was just too nervous about how it might affect her finances and credit issues. I had no way to prove anything to her, no basic document outlining what she's actually agreeing to do or not do.

Vanessa, thanks a lot for finding that link. It's kind of massive, that document - it's really designed for immigration officials rather than prospective sponsors, isn't it.

Edited December 22, 2012 by riss

[riss 12]

Sorry Jay-Kay, I posted before I'd found that line in Vanessa's document. It's certainly a piece of written evidence, but the document itself is a bit overwhelming and I can imagine that scaring people off in itself because it's all about the legal stuff intended for immigration officials to be looking at to determine if someone is going to become a public charge... It seems as though there isn't anything that I can actually just hand to the sponsor where they can read clearly and simply what their obligations include - and do not include. I know it is common knowledge amongst all of us that the i-134 isn't too big a deal, but to people new to the whole process who don't have time or inclination to study up on it - it's all just scary to them and we don't know how to overcome that.

[KayDeeCee 4,893]

Regarding stepping up to the i-864, as Nigeria mentioned, I have cash and part-ownership of a home in Australia, and if these are taken into account at that stage we would have more than enough. It's just that my fiance on his own does not have any assets other than equity in his home. So I believe we will be okay at AOS stage, based on that. That's my thinking anyway, someone please correct me if I'm wrong.

Jay-Kay, that's exactly what we want to get across to people, but how do I prove it to them? All I can say is that people on VJ know all about it and I trust them, lol. It's kind of driving me nuts because obviously I believe what you're saying, but when I'm showing someone a form that tells them they are responsible for my welfare and support and can be sued, and I have no evidence to explain to them exactly what they are or are not responsible for - how do I convince them that it isn't a serious and major undertaking? I can't even find it written down anywhere that their responsibility will cease once I send in my i-864. They just have to take my word for everything - or my fiancé's anyway - and nobody so far has found that quite enough. Our previous cosponsor wanted very much to help but she was just too nervous about how it might affect her finances and credit issues. I had no way to prove anything to her, no basic document outlining what she's actually agreeing to do or not do.

Vanessa, thanks a lot for finding that link. It's kind of massive, that document - it's really designed for immigration officials rather than prospective sponsors, isn't it.

All you can do is print out this page: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-9543/0-0-0-10124.html#0-0-0-722 and page 14, 9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support that Vanessa posted above: http://www.state.gov/documents/organization/86988.pdf and show them to your co-sponsor. You can also tell them to Google 'I-134 not legally binding' to read all about it themselves.

[riss 12]

Okay, my fiance found something useful on the travel.gov site. It's an information sheet about the i-864, and there's a section on 'means-tested benefits' and it actually lists what they are, and also lists benefits that *won't* be counted as means-tested - including emergency medicaid, which I think is one of the big ones people are scared of. Here's the link in case anyone wants it for future reference.

Jay-Kay, thanks for the googling idea, I'll do that myself and see if I can come up with some helpful pages.

https://docs.google.com/viewer?a=v&pid=gmail&attid=0.0&thid=13bc46ffc455e3b6&mt=application/pdf&url=https://mail.google.com/mail/?ui%3D2%26ik%3D1067032ae8%26view%3Datt%26th%3D13bc46ffc455e3b6%26attid%3D0.0%26disp%3Dsafe%26zw&sig=AHIEtbTimbt0ZCWJ4m-CTOfNEGMPfjy2gA

[VanessaTony 3,567]

Okay, my fiance found something useful on the travel.gov site. It's an information sheet about the i-864, and there's a section on 'means-tested benefits' and it actually lists what they are, and also lists benefits that *won't* be counted as means-tested - including emergency medicaid, which I think is one of the big ones people are scared of. Here's the link in case anyone wants it for future reference.

Jay-Kay, thanks for the googling idea, I'll do that myself and see if I can come up with some helpful pages.

https://docs.google.com/viewer?a=v&pid=gmail&attid=0.0&thid=13bc46ffc455e3b6&mt=application/pdf&url=https://mail.google.com/mail/?ui%3D2%26ik%3D1067032ae8%26view%3Datt%26th%3D13bc46ffc455e3b6%26attid%3D0.0%26disp%3Dsafe%26zw&sig=AHIEtbTimbt0ZCWJ4m-CTOfNEGMPfjy2gA

Think you posted the wrong link Here's the one I think you were talking about (means tested stuff): http://travel.state.gov/visa/immigrants/info/info_3183.html#_Means_Tested_Public

here's another one on being a public charge: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD (what is and isn't a problem).

[riss 12]

lol, thanks for that Vanessa! I'm glad somebody else knew what I was trying to get at!

[Gary and Alla 3,694]

Hi everyone,

Is there anything written down, officially, somewhere that describes the responsibilities of a cosponsor for the i-134 - or for the i-864 for that matter? There are short descriptions in the instructions of each, but I really need something more detailed.

My cosponsor decided to pull out just as we were getting ready to submit Packet 3. My fiance is rushing around to try and find someone else, and we're struggling to explain to people what is involved.

I keep reading here that the I-134 is not binding and no big deal. But it's just so hard to tell anyone that without sounding like we are trying to minimise the seriousness of the matter. They read the instructions on the I-134 which say that they will be liable and can be sued. They're imagining all kinds of things they could be sued for, and I don't even know how to tell them what it would and would not involve. The only written/official information I've found is a DS-1858, 'Sponsor's Financial Responsibility Under The Social Security Act', which says they are responsible for 3 years. It doesn't really work for us to tell them to disregard that - that basically we know better and this really isn't a big deal. They envision all kinds of scenarios, e.g. credit checks being done on them, being denied for loans or mortgages, having to pay my medical bills, etc. I don't know how to prove to them what the scope of the i-134 (or the i-864) actually is. Is there any official document that actually lists clearly what the supposed responsibilities are?

Thanks for any advice,

Riss

I do not know where you can read it or print it but the I-134 is not a legal document and in the case of the K-1 it is replaced by the I-864 when you adjust status. So the very small risk is very short term.

The I-864 is a guarantee that the government will be repaid for any means tested benefits you receive. Period. That's it. IF you receive means tested benefits and IF the government decides to try and collect the money back and IF the sponsor (your spouse) is unable to pay and IF they decide to pursue it further, THEN they could collect money from the co-sponsor for means tested benefits you received.

Edited December 22, 2012 by Gary and Alla

[riss 12]

I do not know where you can read it or print it but the I-134 is not a legal document and in the case of the K-1 it is replaced by the I-864 when you adjust status. So the very small risk is very short term.

The I-864 is a guarantee that the government will be repaid for any means tested benefits you receive. Period. That's it. IF you receive means tested benefits and IF the government decides to try and collect the money back and IF the sponsor (your spouse) is unable to pay and IF they decide to pursue it further, THEN they could collect money from the co-sponsor for means tested benefits you received.

Thanks Gary and Alla. Yes, this is what I really want to be able to get across to our potential cosponsors, that it's only like, a few months!!! I just can't find anywhere that that is stated to be the case. The only thing I could find giving a duration of sponsorship responsibilities was this DS-1858 that says the responsibility under an 'affidavit of support' goes for 3 years. Everybody wants to be able to verify what I/my fiance tell them, to their own satisfaction - which is certainly what I'd want to do myself if I were them, so I totally understand it. It would be different if it was like, one of our parents or absolute best buddy who would just trust exactly what we tell them. But these are good friends who would be happy to help, yet want to make sure and have proof that they are not putting themselves or their families at any kind of serious financial risk. It would help so much if there was just one very clear official document that could be handed to prospective sponsors - it would make life so much easier for so many people! But that's my soapbox. Thanks for providing such a clear and concise summary - I appreciate it.

Edited December 22, 2012 by riss

[bigdog 376]

Then give then the I864 and supporting documents directly from USCIS and the part where they are responsible for 40 quarters if necessary.