No Co-sponsor

[Jones0987 9]

In a little bit of a pickle, i may not have a co-sponsor for my K1 visa... anyone have suggestions? My petition isn't scheduled to be approved (being that the going rate is 6 months) until March-ish , and i may have not made enough money this yr to prove the income requirement... pretty nervous, but i have faith there is always a solution to every problem... any advice will help. Thanks all and God bless!

[RJandHamid 1,133]

If you can't find a co-sponsor, one option is to increase your income. Another option is to use assets, or combine income and assets. 

You don't need the co-sponsor until interview time, so you still have several months to look for one if the income/assets path is not an option. 

[geowrian 22,337]

If you current income and/or assets are insufficient at the time of the interview, then you either need a co sponsor, try to get a second job, or to hold off on the interview until you meet the requirements.

 

Keep in mind that AOS needs to be filed once inside the US, which would be $1225 more. It also needs an I-864, which needs 125% of the income level.

[Jones0987 9]

3 minutes ago, RJandHamid said:

If you can't find a co-sponsor, one option is to increase your income. Another option is to use assets, or combine income and assets. 

You don't need the co-sponsor until interview time, so you still have several months to look for one if the income/assets path is not an option. 

Sounds good, I think i will use the little assets that I have and hopefully it will work... a little afraid to ask for help with sponsoring because then the sponsor will be responsible for the beneficiary for 10 years should something go wrong... not too many people like to hear that... all in all i appreciate your reply.

[Jones0987 9]

1 minute ago, geowrian said:

If you current income and/or assets are insufficient at the time of the interview, then you either need a co sponsor, try to get a second job, or to hold off on the interview until you meet the requirements.

 

Keep in mind that AOS needs to be filed once inside the US, which would be $1225 more. It also needs an I-864, which needs 125% of the income level.

For sure, but if i hold off on the interview, won't that affect the petition?

[geowrian 22,337]

4 minutes ago, Jones0987 said:

a little afraid to ask for help with sponsoring because then the sponsor will be responsible for the beneficiary for 10 years should something go wrong... not too many people like to hear that

Sponsoring is big consideration. I will just point out 2 things, though...

1) The I-134 is not enforceable. it's the I-864 for AOS that is. I'm in no way suggesting using a co sponsor for the K-1 without a firm plan for what to do with the I-864 later. I just wanted to clarify this point.

2) It's not necessarily 10 years...it's 40 qualifying quarters of work, which could be less than 10 years, could be the rest of their life (including over 10 years), until they lose LPR status, or until become a USC.

 

Just now, Jones0987 said:

For sure, but if i hold off on the interview, won't that affect the petition?

At some point, yes. The approval of the petition has an expiration date. Typically this can be extended for up to a year.

[yuna628 9,676]

OP: cosponsoring on a K1 is actually a non-binding agreement, that lasts only about as long as the K1 visa does. However if you haven't got a cosponsor, you will run into this problem when it's time to AOS with your new spouse. That's where the more strict financial requirements kick in and is a binding agreement. I don't think you should be discouraged or frightened of asking for a cosponsor, if you have someone potentially in mind. It doesn't hurt to ask, just as long as you acknowledge they may or may not be comfortable with it. You'll need to seek out a better position or a second job, if you do not make enough.

[Jones0987 9]

2 minutes ago, yuna628 said:

OP: cosponsoring on a K1 is actually a non-binding agreement, that lasts only about as long as the K1 visa does. However if you haven't got a cosponsor, you will run into this problem when it's time to AOS with your new spouse. That's where the more strict financial requirements kick in and is a binding agreement. I don't think you should be discouraged or frightened of asking for a cosponsor, if you have someone potentially in mind. It doesn't hurt to ask, just as long as you acknowledge they may or may not be comfortable with it. You'll need to seek out a better position or a second job, if you do not make enough.

Ok good info and thanks for clarifying that, and i believe when i get to the AOS, i'll be in a way better position... shouldn't have said I'm afraid, but i know how my folks are about being "responsible" for someone else...

 

5 minutes ago, geowrian said:

Sponsoring is big consideration. I will just point out 2 things, though...

1) The I-134 is not enforceable. it's the I-864 for AOS that is. I'm in no way suggesting using a co sponsor for the K-1 without a firm plan for what to do with the I-864 later. I just wanted to clarify this point.

2) It's not necessarily 10 years...it's 40 qualifying quarters of work, which could be less than 10 years, could be the rest of their life (including over 10 years), until they lose LPR status, or until become a USC.

 

At some point, yes. The approval of the petition has an expiration date. Typically this can be extended for up to a year.

So being that the I-134 is not enforceable, this means that if i make less it will be approved? just want to make sure i have the correct clarity on that.

[geowrian 22,337]

7 minutes ago, Jones0987 said:

So being that the I-134 is not enforceable, this means that if i make less it will be approved? just want to make sure i have the correct clarity on that.

No, you must still meet the requirements so that the visa applicant is not a public charge risk. It's just that they or the US government cannot sue you based on that agreement.

[TNJ17 1,329]

6 minutes ago, Jones0987 said:

Ok good info and thanks for clarifying that, and i believe when i get to the AOS, i'll be in a way better position... shouldn't have said I'm afraid, but i know how my folks are about being "responsible" for someone else...

 

So being that the I-134 is not enforceable, this means that if i make less it will be approved? just want to make sure i have the correct clarity on that.

I think that depends on the embassy. Some embassies don’t care much about the money situation, some others do. Some embassies even allow beneficiary to provide their financial support, some don’t. It’s really not a sure thing. But you can’t risk it. The other thing you need to keep in mind is to remember that your financial troubles will go away once your foreign spouse is allowed to work. That should ease the mind of your co-sponsor. You just have to assure them that it’s not gonna be an issue and that it’s just a requirement so they can stay legally. Yeah, in paper they are responsible for them, but if you have a good relationship with your sponsor just give them your word that it will never be a problem. 

[Jones0987 9]

12 minutes ago, geowrian said:

No, you must still meet the requirements so that the visa applicant is not a public charge risk. It's just that they or the US government cannot sue you based on that agreement.

understood.

[Jones0987 9]

11 minutes ago, TNJ17 said:

I think that depends on the embassy. Some embassies don’t care much about the money situation, some others do. Some embassies even allow beneficiary to provide their financial support, some don’t. It’s really not a sure thing. But you can’t risk it. The other thing you need to keep in mind is to remember that your financial troubles will go away once your foreign spouse is allowed to work. That should ease the mind of your co-sponsor. You just have to assure them that it’s not gonna be an issue and that it’s just a requirement so they can stay legally. Yeah, in paper they are responsible for them, but if you have a good relationship with your sponsor just give them your word that it will never be a problem. 

indeed. honestly i just want to get married so that we can work together, and also, i don't want him to feel bored sitting home for 90 days ... Hoping that the Dominican embassy doesn't mind much  but i'll make sure I'm good before i cross that bridge...

[Oliversmom 250]

I would recommend getting a second job.  The job I had I made enough but just barely.  So I took a second job which was great all the way around.  It made me a stronger candidate to sponsor him.  Plus I made some really good extra money which came in quite handy!  And it was a really cool job so I got to do something really exciting.  It was a win-win situation!

[Jones0987 9]

2 hours ago, Oliversmom said:

I would recommend getting a second job.  The job I had I made enough but just barely.  So I took a second job which was great all the way around.  It made me a stronger candidate to sponsor him.  Plus I made some really good extra money which came in quite handy!  And it was a really cool job so I got to do something really exciting.  It was a win-win situation!

Absolutely, I'm def considering getting a new gig or a second gig...i truly don't want to have to ask anyone to sponsor... do you think they will ask for this yrs returns or next yrs (proof of employment etc) ...

[Unlockable 7,314]

Another vote for 2nd job. You have until March to find something.