I-134 Co-Sponsor Question

[FrancesTaber 12]

Hi Everyone,

 

This situation is a bit confusing so I'll do my best to explain: I am a conditional permanent resident since 02/2016 (my removal of conditions application is currently pending at CSC). My husbands brother (US citizen) is engaged to a Canadian whom he met while attending University in Canada. Their I-129F application is currently pending and they are expecting their NOA2 any day now. Having gone through the K1 process myself, I have been helping them out along the way. Obviously my brother in law will be his fiancé's primary sponsor for the I-134 paperwork, however due to a number of reasons (job switch to commission based real estate/recent graduate) they think having a co-sponsor as a backup couldn't hurt. My husband also had a recent switch to a commission based job so his financials would look similar to his brothers. I, on the other hand, have had a regular W2 sufficient income for the 2 years since I received residency.

 

Now for the question, am I allowed to be their co-sponsor given that I am a CONDITIONAL permanent resident? Right on the I-134 paperwork there is a section about sponsor's citizenship/residency status, in which one option is "I am a lawful permanent resident of the United States and my A number is _______". However, I'm wondering if being a conditional permanent resident would disallow me from being their co-sponsor? Worst case my brother in law could ask his parents, but I thought since I am familiar with what is needed for an I-134 I might be the easiest option.

 

Any advice/personal experience stories will be much appreciated!

 

Thank you!

[NikLR 13,231]

Yes you can.  You're an LPR until an immigration judge deems you not to be one.  

 

However it won't be just the I-134 they need help with.  Just remember that   I-134 isn't legally binding but do you want to be responsible for the I-864?

[FrancesTaber 12]

6 hours ago, NikLR said:

Yes you can.  You're an LPR until an immigration judge deems you not to be one.  

 

However it won't be just the I-134 they need help with.  Just remember that   I-134 isn't legally binding but do you want to be responsible for the I-864?

Hi @NikLR,
 

Thank you for your reply! 

 

Yes, I have been thinking ahead to the I-864! I am more than willing to sponsor them for that (we are a close knit family and my husband and brother in law are in business together). However, my father in law (also soon to be her father in law) sponsored me back in 2015 since my husband also didn't have a strong history of tax returns at that time due to being a recent graduate, and he will do the same for her during her AOS. I would like to do I-134 for them just to make it easier, as my father in law is out of town on business quite frequently and I don't want to burden him right now with gathering the documents she will need for the interview. 

 

That brings up another question - On his I-864 for my brother in laws finance, will my father in law need to list me as a dependant given that he filled out an I-864 for me back in 2015 (even though I am in no way actually dependant on him I'm guessing I still count as a legal dependant)? I guess I don't know when that rolls off, after citizenship maybe? 

 

Thank you so much for your advice! 

[NikLR 13,231]

Yes he would have to list you as soneone he has sponsored since you're still an LPR. That does bring his household count up. 

[FrancesTaber 12]

On ‎3‎/‎13‎/‎2018 at 8:46 AM, NikLR said:

Yes he would have to list you as soneone he has sponsored since you're still an LPR. That does bring his household count up. 

Thank you so much for your reply!