How does Co-sponsoring work?

[IDeciam 3]

I tried to post a question but the site told me that the administrator has limited my number of posts. But I have never posted before! What gives?

[IDeciam 3]

Hi everyone!

I recently submitted a K-1 visa petition for my fiance, and we are 2 months into the waiting period. I know that, at the next step, I will need to prove income or means of support for him if he comes to the U.S.

My question was this:

I am below poverty guidelines (I am currently in graduate school on scholarship as well as substitute teaching, with no real income during the summer). My father has agreed to co-sponsor. He is financially secure, retired with a good pension, owns his own home and 25 acres with no debt, and owns both of his cars and a fair amount of investments like stock and savings accounts.

If my father co-sponsors, will it be sufficient, or is it still a problem that my own salary is below poverty guidelines? I am not ready yet to look for a full-time job; it would set me back rather than taking me forward in the long run. I still have 3 months left of school.

Also, if my father co-sponsors, what will be the extent and duration of his commitment? I want to be able to explain everything to him clearly. I read somewhere that it is 10 years!!! We have no intention of being dependent on anybody, let alone for 10 years!

[NigeriaorBust 4,087]

A sponsor is on the hook if the immigrant accepts means tested benefits until

The immigrant becomes a USC

The immigrants leaves and surrenders their green card.

The immigrant dies

The sponsor dies

The immigrant has completed 40 quarters of credited work per social security ( this is where 10 years gets quoted but it could be for life if the immigrant never works )

The affidavit has been used by immigrants as justification for support in divorce cases

Divorce does NOT end the obligation

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures; duplicate threads removed.

[IDeciam 3]

Is there a way for my dad to be a sponsor initially, and when my own income rises, for my dad to be removed from sponsorship?

This sounds like a very bad deal for my dad!!! I do not want to put my dad in this situation.

I have a further question: What if we use my dad as a sponsor just for the K-1 Visa, but not for adjustment of status? By the time we adjust for status, my income will have risen. Will my dad therefore be free from obligation?

[NigeriaorBust 4,087]

No you will always be the primary sponsor and the first in line for the government to chase. If you don't want to put your father on the hook you will have to wait until you can do this on your own.

[IDeciam 3]

Thank you very much for your answer, by the way. I really appreciate the help from everybody here.

[kitthekat 1,317]

I have a further question: What if we use my dad as a sponsor just for the K-1 Visa, but not for adjustment of status? By the time we adjust for status, my income will have risen. Will my dad therefore be free from obligation?

yes, if he only signs the I-134 for the K1, then his obligations will be practically nil as the I-134 is not legally binding:

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

http://www.state.gov/documents/organization/86988.pdf

when the time comes for adjustment of status, you can sign the I-864 as the sole sponsor, provided your income is sufficient by then.

[IDeciam 3]

Thank you so much! That helps a lot