refusal notice . I'm not happy

[Sweetrayne 7]

I have been a member less than a year...and I guess I am shocked as to the amount of empathy this site and comments often lead to. This process is so overwhelming. so she made a mistake, or misunderstood, the decision is unfortunate, especially waiting and doing all the paper work. This process is hard enough, hard to be apart from the one you love, so why beat a person when they are down?

[florida4life 29]

Sometimes they use them as both but really co-sponsor can be anybody family, friend, etc you dont include their income with your its base on their income alone. Joint sponsor can be like you said before their income is included with yours. Your co-sponsor can be a household member too just as long they are not claim on your taxes. I could be wrong on that statement too. But someone that is not in your household they have to claim your fiance plus the people they claim on their taxes.

example your co-sponsor has a child that they claim then it would be a family of 3

co-sponsor +child+your fiance =3

You will not be included in that because you is the primary sponsor

[Pinkrlion 2,713]

So what is the difference between a co sponsor and a joint sponsor. Because joint mean together? I don't get it. I'm going off the 864 requirements

You still need to follow the guidelines for I-134, do not look at anything for 864, it will be rejected, and your visa will be denied, as it is the wrong form.

[micahmoos 5]

You still need to follow the guidelines for I-134, do not look at anything for 864, it will be rejected, and your visa will be denied, as it is the wrong form.

What i'm saying is that they base their decision off the 864. I sent in the i134 and thats what i'm using

[SparklePony 238]

You can use the 125% guidelines, which is what is used for the I-864, while sending in the I-134.

The difference between a co-sponsor and a joint sponsor relates to the combination of income or not. You can't have joint sponsors, combined incomes, for 1-134 so all you're looking at is the co-sponsor (separate incomes). Like it's been said, they have to exceed the poverty guideline for their own household plus one (your fiance).

[Pinkrlion 2,713]

They base income from 864P.

Your co-sponsor needs to complete I-134, copy of birth certificate, tax transcript for 2012, checkstubs, letter from employer.

[Jawaree 717]

What an amazing array of experts! If the CO asked for something, you are far better off complying with their request instead of trying to figure out how it is you know more than they do about the requirements for certain classifications of visas. There are regulations that must be followed...a CO is not going to jeopardize his/her career by shortcutting the requirements. There is no profit for that CO for doing such a thing....income tax forms are the strongest evidence of income...letters from employers can be written in an instant. The COs are not there to do bookkeeping on your behalf and try to add up pay stubs, subtract taxes and deductions, etc. BTW, any refusal, even under 221g, is reviewed by a senior CO, and since that individual did not override his or her subordinate's decision, what does that suggest? (I know...we will hear from even more 'experts' on visa laws in a moment)...I would just do as they asked....it's much simpler.

The OP came here because its a DIY forum..no one here profess to be exp. immigration attys

however OP was getting responses from most ppl of her Embassy who had gone thru it, going thru or may

have had a family member they knew that went thru the process. In Kingston they will take the previous

year, or she will need a co-sponsor.

Now being a novice myself I would say scan & email with an explanation to the embassy, she may get lucky to be

called back (fiancé)

look for a co-sponsor....these days its hard to get ppl signing to be partially responsible for just a friend financially

Finally she can go get married to the fiancé which I guess would add more time & money to the process.

There's just no reason for a person/s to be berated on a forum to help others, from time to time the embassy changes procedures

so having many answers will get information to the individual if they may need an atty.

Finally OP you should contact your Senators office , sign the info authorization form and the liasion there may get you some help

good Luck Lady.....Stay positive, its a pause not a period

[Extreme happiness 9]

You know what are you a consular officer. It seem like u know everything there is to know about the steps an officer make when making a decision. Like i said if u don't have nothing nice to say, keep it moving. Obviously if you knew everything you would not bee on visa journey like the rest of us. Have you ever thought about that. Keep your comments to ur self if there not going to at least try and help make my situation better. Pleas do not comment on my post anymore because your not a positive person , ur just someone who does not give a dam about the bullshit that comes out of there mouth.

Love this comment....so true

[Extreme happiness 9]

The OP came here because its a DIY forum..no one here profess to be exp. immigration attys

however OP was getting responses from most ppl of her Embassy who had gone thru it, going thru or may

have had a family member they knew that went thru the process. In Kingston they will take the previous

year, or she will need a co-sponsor.

Now being a novice myself I would say scan & email with an explanation to the embassy, she may get lucky to be

called back (fiancé)

look for a co-sponsor....these days its hard to get ppl signing to be partially responsible for just a friend financially

Finally she can go get married to the fiancé which I guess would add more time & money to the process.

There's just no reason for a person/s to be berated on a forum to help others, from time to time the embassy changes procedures

so having many answers will get information to the individual if they may need an atty.

Finally OP you should contact your Senators office , sign the info authorization form and the liasion there may get you some help

good Luck Lady.....Stay positive, its a pause not a period

Exactly my thoughts.

[Extreme happiness 9]

So what is the difference between a co sponsor and a joint sponsor. Because joint mean together? I don't get it. I'm going off the 864 requirements

The I 864 is the guide line for the AOS...which require your income to be 125% above the poverty level...the I-364 on the other hand only require your income to be 100% above the poverty guideline so if you meet the 125% guideline then you should definitely be good to go for the I-134....I wish you nothing but luck and hope things work out for you...Please do not let all this negativity keep you down....As I always say fight to resolve the issue until there is nothing left to fight for.

BLESSINGS TO YOU AND YOUR FAMILY

[micahmoos 5]

I found a co sponsor that has a household of 4+1 for my fiance so its 5. Together with his wife he made $80,000 + on his 2012 tax return with him alone he made $55,000 of that . Income guidelines for a family of 5 is 34462. This should be enough and even if they filed jointly and they look at his income only on the tax return, it shows he made $55,000 by himself. Am i correct. Also if they help me like they said . Is it only binding until i file the AOS and affidavit for support which from what i understand would include just my income for my house . What do u guys mean when it says not legally binding.

[SparklePony 238]

Not legally binding means that if your fiance were to receive some sort of welfare (which he's not even entitled to, but anyway), then the government can't come after either you or the co-sponsor. The I-864 (which you'll fill out for AoS) is legally binding, which means that the government can go to you to receive compensation for that welfare.

[dwheels76 5,468]

I found a co sponsor that has a household of 4+1 for my fiance so its 5. Together with his wife he made $80,000 + on his 2012 tax return with him alone he made $55,000 of that . Income guidelines for a family of 5 is 34462. This should be enough and even if they filed jointly and they look at his income only on the tax return, it shows he made $55,000 by himself. Am i correct. Also if they help me like they said . Is it only binding until i file the AOS and affidavit for support which from what i understand would include just my income for my house . What do u guys mean when it says not legally binding.

Awesome news. Happy for you. Get those papers in (also don;t forget to have their proof of citizenship or being a LPR).

[Jon York 156]

By the way, something that rarely seems to get mentioned about the I-864 is that while it's legally binding - there is almost no chance the co-sponsor would ever have to pay anything.

The I-864 obligates sponsors and co-sponsors to pay the government back for any "means-tested" funds they receive from the government (think welfare). "Means-tested" means that the immigrant applying for some kind of welfare benefits - must meet a low-income threshold. Usually that means they must make something below the poverty level in order to qualify to receive the government benefits.

HOWEVER, the government is obligated to look not only at the immigrant's income, but at their sponsor's and co-sponsor's income as well. So, if the co-sponsor earns more than the poverty level, that means the immigrant WON'T QUALIFY to receive the funds! Which then of course means that the government can't sue anyone to recoup the funds - because no funds would have ever been issued to the immigrant.

In my case, I've asked my sister to co-sponsor us. But she immediately said no, because she thought she would possibly be liable for tens of thousands of dollars on behalf of my fiance. She also thought she would be liable for ANY expenses my fiance might incur. For instance, she thought if my fiance had an automobile accident and someone sued her - that she might be liable for that. However, the co-sponsor is only responsible for means-tested benefits paid to the immigrant by the government. They are not responsible for anything else at all. They are not responsible for any private legal actions that might be taken against the immigrant.

When I explained all of this to her, she decided to take a second look. I think she thinks I'm making this up! So she wants to look into it for herself. But I'm sure as soon as she sees that it's true, then she'll have no problem agreeing to do it.

Just thought I'd mention it for those who might be having a hard time convincing someone to act as a co-sponsor. In the end, there is pretty much zero chance they would ever be obligated to pay back anything (as long as the co-sponsor continues to earn more the poverty level).

Edited December 5, 2013 by Jaybolo

[HawaiianCecil 31]

JA embassy is big on having a co-sponsor - seemingly regardless of income. Same thing happened to us but we had one ready to go even though I made enough