Co-Sponsor Question regarding the I-134

[Craigimir 0]

Hey All,

 

I have a question regarding a Co-Sponsor on the I-134, and then possibly the I-186 later on.

 

Our situation is this:

 

My Fiancee has 7 children from her previous marriage, which she has sole custody for and they are a part of her household. She is receiving Child Support from the children's father but this on its own will not qualify for the 125% of a household that will be 9 (Me, Her and 7 Children). She is currently seeking employment but that isn't a guarantee yet, this would also be needed to add to the income but we may still need to rely on assets for the final push to go over the requirement.

 

We have had an offer of Co-Sponsorship from her father, but my question is this. 

 

Will adding him on as a Co-Sponsor add him to our household (Which would then become 10 as he has no dependents) meaning he would need to have an income of $62,100 to cover everyone involved.

 

Or

 

Will adding him as the Co-Sponsor mean that his household is only 2, Him and Me, and so he only needs to have an income of $20,300 in order for us to qualify in the Case workers eyes?

 

The various discussions I have read on this and guides I have looked at do not clearly say if, by adding a Co-Sponsor, you become a ward of their household and so that is how you meet the income requirements. I have seen that for the I-134 you are not able to combine incomes, but the Co-Sponsor must meet their own 125% Income, so this puts me into question whether adding a co-sponsor combines households or simple shifts them? As in the purpose of the I-134 is to show that I will be supported when coming to US without needing Government help, and so my Fiancees father would be able to do that by demonstrating a 125% income for both he and I?

 

If it is the case that adding him to the I-134 makes the household 10 rather than 2, then it may not be worth adding him.

 

Has anyone else been through this or knows the I-134 criteria well enough, and certain enough, that they could say which scenario it is?

 

Thanks,

[Wuozopo 4,293]

First off, have you looked at the actual forms I-134 and-864? You will understand them better.

 

Form I-134 doesn't actually count up a household size with a numeric value. It asks for names of persons you partially or wholly support. There is this question:

 

Dependents' Information

The following persons are dependent upon me for support. If you need extra space to complete this section, use the space provided in Part 7. Additional Information. 

 

Dad has nobody that he supports to list on the form. Right? 

 

If your fiancé was filling out the form, she has seven persons dependent on her for support. She doesn't support Dad, does she? For a London K1 interview, she doesn't even have to fill out an I-134. They will accept Dad as your sponsor.

 

Now fast forward to after marriage and the I-864. Print off a form and read the instructions about family size. Then think in terms of each separate sponsor and how their form would be filled out.

 

Spouses form: Her, 7 dependents, Immigrant. Does she qualify? 

She still fills out a form, even without enough income.

 

Dad's form: Dad, 0 dependents, Immigrant. Does he make enough to sponsor the Immigrant?

 

 

 

[Craigimir 0]

Hey Wuozopo,

 

I had looked at the forms, but not in great detail as I was not mentally filing them out yet, just getting a feel for them.

 

Again it is that terminology, the form asks to list dependents etc, but that is for that sponsor. I had wondered if they would look at the original petitioner (my fiancee) and then the Co-Sponsor as a combined requirement, so look at both I-134s and be happy with one but not the other. I know this is interpretation of guidelines and guessing at the actual officers response at the moment so was trying to find a more definite answer or someone who had been through to the other side.

 

So if I am now understanding it correctly, I am seeing it as this:

 

My Fiancee is the petitioner, as she is the reason I am coming to the US. But, her father is my Financial Sponsor? He is the one who has stepped up and said he will "look after me" when I am there, in theory as though I was living in his house rather than my Fiancees?

 

As the way I am seeing it right now is that my fiancee will be supporting herself regardless of whether I come over or not, she still has to support herself and her children, which she will continue to do. But according to the US Government they want to make sure me being in that household would not push her to the limit, so by my fiancees father being responsible only, I will not "be" in my fiancees household, I will be in his. Which the US Government, or at least the Embassy, will be satisfied he can cope with.

 

I have checked out the US Embassy in London's site and they do say that a I-134 is not required, but is a good way of proving financial support when you go over there. So if I can present an I-134 from the soon to be Father-in-Law showing he meets the 125% guidelines for himself and me then that should satisfy the interviewer.

 

I have not even begun to work out the I-864 yet, one form and stage at a time. But just as a heads up, if you don't mind giving a bit more guidance, given the above scenario and assuming it does not change by the time of AOS, would you say that the same approach could be used?

 

Fiancee as original I-864, but with Father as Joint Sponsor on additional I-864? Again the understanding being that he qualifies and so will be responsible leaving my fiancees household out of the mix? I know the I-864 is more in-depth and legally binding but as I say I have not delved to deep into that form.

 

Thank you for the help you are giving, it is greatly appreciated when you are going through the unknown and don't have that 100% confirmation yet. I see that everyone goes through it and I hope to comment back on others if I get through.

 

Craig

 

 

[Wuozopo 4,293]

You wrote so many words, my brain hurts. Mostly because we've been through a helluva week in Houston. Don't over-think. Read the form and instructions to be more informed.

 

Keeping it simple and basic (but not a substitute for reading instructions)

 

LONDON I-134 K1 

They want one sponsor. Pick Dad. He has the money.

Dad has no dependents (kids at home). He makes good money, enough for himself +1 (you) which would mean look on poverty guidelines for 2 people.

Prove his income with an employer letter or a tax return, whichever is easier to get. London is not too fussy about this. They approve without a tax return,  but Dad surely has one.

 

Adjustment of status I-864 is different

Petitioner, new wife MUST fill out a form even with zero income.

She must provide a tax return. I wouldn't worry about other proofs of income because she doesn't qualify anyway. The form and tax return complies with the law so do those.

She has herself +1 to support. 

 

Dad wants to be joint sponsor. (That doesn't mean he is joining his income with somebody or joining together with another household of people)

He does an I-864, must provide tax return, and proof he's a USC.

His is the form they will need to see enough money proof with. Can add employer letter.

Dad has no dependents (kids at home). He makes good money, enough for himself +1 (you). Look at poverty chart for 2.

 

 

 

 

 

 

Edited September 4, 2017 by Wuozopo