Form I-134 and the risks for a co-sponsor

[tealeaf 0]

So my dad was going to co-sponsor me for my fiance's K1 visa, but he backed out last minute. He is afraid of the risk of basically losing all his money and house because of something that could happen to my fiance and her and myself not being able to pay for it. He is mainly afraid of accidents where we cannot pay the medical bills and he would have to. I read that this is not his responsibility since it is not considered a public charge. Then he read what is considered a public charge here http://www.uscis.gov/news/fact-sheets/public-charge-fact-sheetand saw this written:

"In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as an adverse factor in the totality of the circumstances for purposes of public charge determinations. Short-term institutionalization for rehabilitation is not subject to public charge consideration."

My dad is EXTREMELY risk averse. This paragraph is the reason he does not want to co-sponsor me. Can somebody actually explain me what this really means? What time period would be considered long-term?

[KayDeeCee 4,893]

The I-134 is not legally binding, so he would be under no risk at all submitting that form for a K-1 visa applicant.

The I-864 is legally binding, but not used for the joint sponsor to supply all the support needs of the immigrant. The purpose is for the government to sue for any money to be paid back if the immigrant receives any public assistance they should not. They would go after the primary sponsor first. The cases I have heard of with a lawsuit for the I-864 were the spouses suing, using it family court to try and get spousal support. They are rare. If it makes your dad feel any better, I still have not heard of a joint sponsor being sued for the I-864.

Edited July 20, 2015 by KayDeeCee

[tayurshu 37]

It means that any government funding used to assist/subsidise long-term facility care (such as mental hospital, nursing home) will be considered as becoming public charge.

That means that should your fiance require long-term hospitalisation in a mental or ageing facility, you and your co-sponsor would be liable to repay the costs that the state put towards that care.

[Ash.1101 1,756]

I believe that it also means if your fiance applied for any government benefits, received them, and then used them, that he could have to pay them back.

But the I-134 is not legally binding, they would not go after him for any of this. Chances are though, you may want to find another joint-sponsor for the I-864 as it is legally binding and he doesn't seem like he wants to risk it.


There is risk involved 100%, I also believe it comes down to a bit of trust on all ends. My mom trusts that my fiance isn't going to get on public assistance and she also trusts me to make sure that if we did get into where we needed support, that we would ask for help first from everyone BUT the government and never go apply willynilly, because of that trust, meeting my fiance and getting a good vibe per se on him, she's out cosponsor for I-134 and most likely will be our joint sponsor for our I-864.

Edited July 20, 2015 by Ash.1101

[tealeaf 0]

I told him that i-134 is not binding but he doesn't believe me. He said there is no point for the government to have such a form and make it not binding. He read the instructions of the form where it says the responsibilities of the cosigner and it doesn't say anything about not binding. Where can i read this information about i-134 being a not binding form? Preferably from a government site or he might not believe it.

[newacct 688]

I told him that i-134 is not binding but he doesn't believe me. He said there is no point for the government to have such a form and make it not binding. He read the instructions of the form where it says the responsibilities of the cosigner and it doesn't say anything about not binding. Where can i read this information about i-134 being a not binding form? Preferably from a government site or he might not believe it.

Here are some:

In 9 FAM 40.41 N5.6-3(b) (on page 15 of this PDF) of the Foreign Affairs Manual, it says:

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.

In Chapter 30.8 of the Adjudicator's Field Manual, it says:

Such affidavits, although helpful in judging financial ability, are not legally binding.

[aaron2020 11,651]

Hi,

While the I-134 may not be binding, what happens when they have to file the I-864 which is binding? Why bother focusing on the I-134 and Dad when the I-864 is hanging over their heads. Seems silly to go through the time and expense of the K-1 process and then be stuck without a Joint Sponsor for the I-864.

Find another person who is comfortable signing the I-134 and I-864.

Personally, I would not sign the I-134 or I-864 if I had any doubts. I have signed for close relatives that I trust, but not for all of them. Some are shady in Vietnam, and they have continued to be shady here.

Best of luck

[Ash.1101 1,756]

I do agree with Aaron above. Unless you already have someone else that will be doing the I-864 for Adjustment of Status in the future, you may run into a very big hurdle. It'll be great if your fiance can come into the country and marry you, it'll be less great if they can't do anything because ya'll can't find someone for the I-864.

With that said, THE POINT of the I-134 is mainly used as a judgement to make sure that the fiance isn't going to end up having no place to live or be unsupported while in the US. The same form is used for visitor visas. They're going to judge your ability (or a cosponsors) to take care of your fiance for the allotted time. It's used as a judgement, the consulates are NOT going to allow someone that either can't support themselves while on a visitor visa or have no support from others on a fiance/visitor visa into the United States.


Do you have anyone else that's willing to be a co-sponsor for the I-134 AND joint sponsor for the I-864?

Edited July 20, 2015 by Ash.1101

[tealeaf 0]

I have nobody else who would sponsor me. I may just barely make it for i134 because i have enough saved in my bank account to make up for my currently low salary. I know i have to provide a note from the bank stating how much money i have in my account. How recent does the information need to be at the interview? Can i get the note 2 months before the interview or does it have to be a shorter period? I'm asking this because I will have some expenses coming up soon and it will lower the money in my bank.

[Ash.1101 1,756]

Assets are able to cover what ever you don't make income wise, but you have to multiply that by 3 (It's times three for immediate family (fiance is considered this for sake), times 5 for all others). So if say you don't meet the requirement for income by 1000$, then you'll need to prove you have 3000$ in assets to meet the requirements.

Some consulates base it off the 125% and not the 100% simply due to the fact when you do your I-864 it'll be 125% of the poverty level.

If you have no dependants then you'll need to make 19912$ a year. If you make say 17000$ a year then you need 8736$ (2912 times 3) in assets.

As for the time limit, I've seen some people say 3 months, some say 6 months (which is a stretch imo). Personally, I'd go with no later than two months old. It's all at the descretion of the person going through your papers, they could easily ask for more updated info.


At the end of the day though, if you're going to be struggling for the I-134 you may very much struggle for the I-864 and that one REALLY matters.

[tealeaf 0]

I have another question not related to this topic. My fiance plans on scheduling the interview for the last week before our petition expires. She needs to get a dutch police certificate and we are about to request it soon (hopefully today). I have read that it might take a while for it to be sent to her and we are afraid she might not receive it by the time of the interview. Is it possible to reschedule the interview and to extend the validity of the petition at the same time? She will schedule the interview in the last week of our petition validity. If she needs to reschedule it, it will be past that. Will it cost extra money to reschedule and how long does it usually take to get the new appointment?

[Boiler 45,488]

I self sponsored the I 134 so avoided the issue but agree not enforcible.

[lala64 93]

I have another question not related to this topic. My fiance plans on scheduling the interview for the last week before our petition expires. She needs to get a dutch police certificate and we are about to request it soon (hopefully today). I have read that it might take a while for it to be sent to her and we are afraid she might not receive it by the time of the interview. Is it possible to reschedule the interview and to extend the validity of the petition at the same time? She will schedule the interview in the last week of our petition validity. If she needs to reschedule it, it will be past that. Will it cost extra money to reschedule and how long does it usually take to get the new appointment?

She should go to the interview. if the document is delayed, she can send it in after her interview. I would not risk the petition expiring and she can tell them the she filed for the police cert and did not receive it in time. I have heard of people sending in documents especially the police cert after the interview.