Co-Sponsor Form Question

[PalmTrees 34]

Hello,

I've been reading the topics on this site for a long time now, and have read the guides quite a fair bit too. Thanks for all the information gathered so far, it has helped a lot.

I have a question relating to the co-sponsor form and the requirements for taxable income. I recently read another thread on the same sort of topic but found it too confusing. Basically it was a lot of "no it means this" "no it doesn't, it means this" arguing, so I thought maybe someone could answer it more clearly or point me in the way of an online guide that explains it better.

My fiance does not make enough to sponsor us, so we will be asking his Dad to fill out a co-sponsor form. My fiance lives at the same address as his Dad, his wife and child (over 21). If his Dad filled out the application, would he need to show enough income support for himself, me and my fiance? Or would it be himself, his wife, his child, my fiance and me?

My fiance is also considering filing for two other family members on his tax return this year. Am I correct in assuming that his Dad would need to cover those 2 aswell?

I'm sorry that this type of question has been asked before, but my brain is just swimming with different options at the moment. Thanks for reading.

[belinda63 3,038]

The quick and dirty answer is the number of persons being supported is the person filing the taxes plus the number of dependents listed on the taxes plus the intending immigrant. So if dad files taxes jointly with the wife, claiming the child as a dependent, the number would be four to determine the income needed. Dad+wife+child+intending immigrant.

[Nich-Nick 3,354]

Hello,

I've been reading the topics on this site for a long time now, and have read the guides quite a fair bit too. Thanks for all the information gathered so far, it has helped a lot.

I have a question relating to the co-sponsor form and the requirements for taxable income. I recently read another thread on the same sort of topic but found it too confusing. Basically it was a lot of "no it means this" "no it doesn't, it means this" arguing, so I thought maybe someone could answer it more clearly or point me in the way of an online guide that explains it better.

My fiance does not make enough to sponsor us, so we will be asking his Dad to fill out a co-sponsor form. My fiance lives at the same address as his Dad, his wife and child (over 21). If his Dad filled out the application, would he need to show enough income support for himself, me and my fiance? Or would it be himself, his wife, his child, my fiance and me?

My fiance is also considering filing for two other family members on his tax return this year. Am I correct in assuming that his Dad would need to cover those 2 aswell?

I'm sorry that this type of question has been asked before, but my brain is just swimming with different options at the moment. Thanks for reading.

And you will probably get more comments to swirl your brain. Here's mine--

The first Affidavit you will need at your interview in London is the I-134. Your fiancé would only need to make 100% of the poverty guidelines according to the Dept of State website of he is the only sponsor, if that helps. Or London will accept just an I-134 from the father . There is no "household size" count on the I-134. It asks to list persons supported and say if fully or partially. The London officer makes a judgement call whether the support is enough.

The I864 affidavit is what will be filled after you marry and seek a greencard. Your husband will fill out a form. Your joint sponsor will fill out a form. There are places to count the household. There are specific guidelines about the count and the income.

• Future husband's household if he claims 2 children on tax return is 3. PLUS 1 immigrant. Must have income for 4 on I-864 affidavit.
  
• Father's household if he has a wife and adult child still on his 2012 tax return is 3. PLUS 1 immigrant. Must have income for 4 on I-864 affidavit.
  

If your fiancé is not claimed on his father's tax return, he is not a household member for the count even if he lives there.

Have you downloaded both forms and their separate instructions and looked at them? It will help. I had to read the I-864 instructions 3-4 times before all the details came together. If you look at the forms, it will help you see where family members and dependents are reported for the purpose of the forms.

[PalmTrees 34]

Hello again,

I think I was jumping ahead of myself it seems. So as we file our application, we are only required to submit an I-134. Then if the visa is approved we can start to look at the I-864a which is where the number of dependants on the father's income form is considered, plus me?

And I read that is would be 125% not 100% of the federal poverty line? Sorry if I seem muddled, but its nice to talk to someone who knows more than I do.

I have been reading the instructions and the form and I think I'm losing the plot! Thanks for the help

[Villanelle 4,122]

My fiance is also considering filing for two other family members on his tax return this year. Am I correct in assuming that his Dad would need to cover those 2 aswell

No. Dont confuse the issue.

Its very very simple. There are 2 affidavits of support. The first one you fill out as a fiance. Its the 134 form. The second one you fill out when you are adjusting status after you are married in the US. Its the 864.

Each embassy handles the 134 differently. In some, the USC is required to submit one even if they dont meet the guidelines in addition to their co-sponsors. In London- the USC does not have to fill one out if they dont meet the requirements. So just the co-sponsor will be filling out the 134. As Nick explained, there is no "household size" count on the I-134. The person filling it out simply lists their income and how many dependents they have. This would be anyone they claim on their taxes. So it would be dad, mom and child listed on the form. The officer in London would make a judgment call as to whether or not 'Dad' could afford to support you while you are in the US if he needed to since you will be unable to work legally until you file for AOS. They base this judgment call on looking at his earnings- are they stable? and do they meet the poverty guidelines. he would have to have enough to cover himself, his dependents and you. So dad+mom+child+you=4. Fiance visa guidelines for 4 are 23,050. If he shows income in that amount or greater, you have no problem.

For the 864 however, your USC spouse must submit a form, regardless if he qualifies or not. His dependents would be himself and anyone he provided financial support for through out the year. I am curious as to who or the how or why he would be claiming other family members on his tax return though (??) Youre stating in the household he lives in its his dad, mom, sibling and your fiance? Who would these other people be and why would they qualify to be dependents on his tax return? (It seems fraudulent) But regardless, if he was to claim other dependents, they would be included on his 864. You would be included on his 864 as the immigrant as well. That would bring his 864 count to 2+ ? however many dependents he had listed on his taxes and was claiming he provides support for. His income requirements to qualify would be based on that number.

If he didnt qualify, you would need a co-sponsor. Again, the co-sponsor is ONLY required to sponsor you, the immigrant, not any other members of your household or your husband or his dependents. The co-sponsors responsible for themselves, their spouse and dependents and the immigrant. So if your father in law is going to co-sponsor again, it would be dad, mom, brother-in-law, and you. 4 again, but poverty levels are higher now at 28,813

(these are 2012 poverty guidelines- if you file under 2013 guidelines they may go up slightly)

[Nich-Nick 3,354]

Hello again,

I think I was jumping ahead of myself it seems. So as we file our application, we are only required to submit an I-134. Then if the visa is approved we can start to look at the I-864a which is where the number of dependants on the father's income form is considered, plus me?

And I read that is would be 125% not 100% of the federal poverty line? Sorry if I seem muddled, but its nice to talk to someone who knows more than I do.

I have been reading the instructions and the form and I think I'm losing the plot! Thanks for the help

You do nothing about affidavit of support when filing the I-129f petition, other than planning ahead realizing it will be needed. An I-134 will be presented for the first time at your interview in London...maybe 9 months or more after filing the petition. Yes, dependents are considered, but there are no boxes to add up the household size. Example, if your fiancé has 2 kids that live with their Mom, he can say partially dependent if he isn't providing all of their support. If Dad does a form and Mom has her own job, he can say she is partially dependent. if she's a full time housewife, then wholly dependent on his income. It's more flexible than the exact count with rules the I-864 does.

After marriage, you sort of start over by applying for your greencard. That process also requires an affidavit of support. It is stricter, requires more detail than London will, requires 125% of the poverty guidelines, and is a legally binding contract.

Edited January 20, 2013 by Nich-Nick