I-134: Lack of adequate sponsor - crowdfunding?

[HelenBradley 28]

Hello everyone,

 

I am literally asking for a friend   

 

I got my Green Card 6 years ago and am helping give advice to a friend back home in the UK who is marrying an American.

 

They have a strong relationship which has spanned about 6 years. They visit back and forth a lot, often spending extended periods of time together. They did have a co sponsor, but he pulled out so they are looking for ways to meet the income requirement. She owns a home and, but doesn't currently work. 

My friend's fiance has a disability that impacts her mobility and speech, and she hasn't worked for a while. (she receives disability) She is actively looking for employment right now, but there are limitations on what kind of employment she will get, and they applied for the K1 in March and are expecting to get the NOA1/NOA2 any day now. 

 

Several of their friends have expressed interest in helping them out, by either putting the word out to look for a co sponsor, writing to their congressman, and some have suggested crowdfunding to build up their savings so that she might meet the requirements. 

 

My questions for you is, are there any potential problems with this? I know that writing to a congressman is not likely to have any impact as they are not in hardship right now, I just wonder if there are any legal ramifications to asking for the public to support a new immigrant in this round about way. Has anyone heard of anyone doing this before?

 

I also wonder if anyone has any experience with disability impacting the K1 or immigration process. Will disability as income be a red flag or will it work to fulfill the requirements? All advice is welcome. They are good people and a very sweet couple who are perfect for one another. I want to try and help them be together for good. 

 

Thank you! The VJ community was so helpful when I was going through my process that I thought I'd reach out for help for my friend too. 

 

 

[p-ana 933]

If they want to show financial support with assets (money), the embassy/ officer will want proof that it's been in their possession for a year or more, if I'm not mistaken. Also, the amount should be at least 3x the poverty guidelines amount. Getting the k1 visa would be easier, adjusting status poses a lot difficulty. Finding a new sponsor is the best way to go.

[TransAtlanticLove 31]

This is purely my opinion but I would think crowdfunding a visa (via sponsorship) is a terrible idea and red flag. The whole reason for a co-sponsor is as a back up in case the citizen needs financial assistance. Crowdfunding will literally tell the officials that they can't afford to even apply for this on their own. I would advise against it personally.

[HelenBradley 28]

Just now, Girljinxed18 said:

This is purely my opinion but I would think crowdfunding a visa (via sponsorship) is a terrible idea and red flag. The whole reason for a co-sponsor is as a back up in case the citizen needs financial assistance. Crowdfunding will literally tell the officials that they can't afford to even apply for this on their own. I would advise against it personally.

I suppose that's the feeling in my gut also.

 

The reality is that they have family support and money to travel and support themselves, and a fully paid off home to live in, but since she doesn't work they are worried about meeting the requirements the traditional way. A family member was going to be the co sponsor but is hesitant because of the potential length of the commitment. 

I wonder if anyone has had experience applying with no employment due to disability but assets and income. The assets are the required 5x poverty level and she has an income through disability. Once he is here and gets his work auth and/or Green Card, he will work and support them further through employment. But right now they are worried their current situation won't satisfy the requirement. 

They are not necessarily looking to crowdfund, it's a suggestions others have made to them. 

[RealDrift 0]

I don't think there is a way. A Co-sponsor is an absolute must if she hasn't enough income. No way around it. Do not risk such a long process only to be rejected or put in AP. There is still time before the interview, are you sure no family can co-sponsor?

[p-ana 933]

The U.K. accepts self sponsoring and is very flexible about the financial sponsorship during k1.

 

but aos is very strict.

 

do a search and I'm sure you will find threads on petitioners with disability income. 

 

if they have a sponsor, the petitioners financials won't be that important

[Devon&Julius 21]

The only disability income that they count for immigration purposes is SSDI. If it is SSI it is considered a means tested benefit and will not be accepted. Depending on how much your friend receives per month they may allow her to sponsor with it if it is adequate SSDI NOT SSI. A co sponsor will be necessary. In the case i observed the SSDI was over income threshhold but they still asked them for a co sponsor. Good luck to your friend. I will be praying they find a sponsor.

[j N j 50]

1 hour ago, Devon&Julius said:

The only disability income that they count for immigration purposes is SSDI. If it is SSI it is considered a means tested benefit and will not be accepted. Depending on how much your friend receives per month they may allow her to sponsor with it if it is adequate SSDI NOT SSI. A co sponsor will be necessary. In the case i observed the SSDI was over income threshhold but they still asked them for a co sponsor. Good luck to your friend. I will be praying they find a sponsor.

Im in the same boat with SSDI, my co sponsor (family member) is elderly, with SSi, but has stocks, assets, and property.. Im praying that this will be enough.

[Devon&Julius 21]

3 minutes ago, j N j said:

Im in the same boat with SSDI, my co sponsor (family member) is elderly, with SSi, but has stocks, assets, and property.. Im praying that this will be enough.

I believe you will need a different sponsor.Unless the assets and property are VERY generous and household size is small. To use property or assets it has to not be the sponsors only source of that asset. For example they wont count a car unless its the SECOND car owned by the sponsor. By second i mean they must own more than one and the one they use (the asset) cannot be their primary source of transportation. This is because if the affidavit is ever enforced they do not want to cause financial hardship to the sponsoring USC. Doing so may push them to get means tested benefits to survive. Thus defeating the whole purpose of the sponsorship.

[j N j 50]

6 minutes ago, Devon&Julius said:

I believe you will need a different sponsor.Unless the assets and property are VERY generous and household size is small. To use property or assets it has to not be the sponsors only source of that asset. For example they wont count a car unless its the SECOND car owned by the sponsor. By second i mean they must own more than one and the one they use (the asset) cannot be their primary source of transportation. This is because if the affidavit is ever enforced they do not want to cause financial hardship to the sponsoring USC. Doing so may push them to get means tested benefits to survive. Thus defeating the whole purpose of the sponsorship.

pm sent

[Devon&Julius 21]

1 hour ago, j N j said:

pm sent

replied

[Peot 161]

Getting a proper co-sponsor that meets the 125% is going to be much easier than raising the assets. Keep in mind that the co-sponsor need only be an acquaintance. Trust me, I thought it was absolutely impossible for us to get a co-sponsor, and we ended up having two (and a third promise) come forward willing to sign the forms.

 

To meet the income requirement in bank assets alone, you would need to meet x3 the 125%!!! That's a ton to raise through crowdfunding. It would probably be the largest of its kind.... and I hate to burst any bubbles, but it's not likely to rely on that! Doesn't mean you couldn't crowdfund other necessary things like moving costs, plane tickets, and so forth to make the move possible.

 

Best of luck getting your sponsor!

[TransAtlanticLove 31]

I also think that the commitment isn't as serious as it might seem got a co-sponsor. My friend used his boss at his work and beyond the paperwork nothing else was needed. This is probably the best way to go if they can. Good luck!

[Peot 161]

1 minute ago, Girljinxed18 said:

I also think that the commitment isn't as serious as it might seem got a co-sponsor. My friend used his boss at his work and beyond the paperwork nothing else was needed. This is probably the best way to go if they can. Good luck!

Convincing the co-sponsor that it's not a major commitment was and is the single most difficult thing to do. This is especially the case for the I-134 which apparently would never hold up in court (and apparently has been stricken down in court?), and is only valid until you file your AOS.

 

The AOS sponsor on the other hand is liable for up to 10 years.... so finding a co-sponsor for that leg is going to be much much much more difficult.

[TransAtlanticLove 31]

Just now, Peot said:

Convincing the co-sponsor that it's not a major commitment was and is the single most difficult thing to do. This is especially the case for the I-134 which apparently would never hold up in court (and apparently has been stricken down in court?), and is only valid until you file your AOS.

 

The AOS sponsor on the other hand is liable for up to 10 years.... so finding a co-sponsor for that leg is going to be much much much more difficult.

As far as I knew, and I could be wrong, the co sponsor was only liable until the AOS. Didn't realize you needed a sponsor after that.