AOS question

[LarryHickman 181]

Hello everyone, I was wondering as the petitioner what would happen to my already in progress I 129F and waiting on the interview if between now and then I get laid off? I’m obviously thinking about the AOS here. I praying this doesn’t happen but nothing is guaranteed no matter what in life. Like most if not all people on here I love my fiancé very much and I couldn’t see going through this entire process and have this happen. Im still employed thank God but I trying to be proactive. i just want to get some insights from the good people here on VJ, thanks. 

[sunshinelove 52]

IF you got laid off they'd tell you to find a cosponsor, so have a cosponsor lined up just in case that happens. I had to have a cosponsor and we didn't have any trouble. 

Edited June 17, 2018 by sunshinelove

[LarryHickman 181]

May I ask who was to co sponsor? And it wasn’t a problem with the sponsor or USCIS? Thanks

[sunshinelove 52]

A long time family friend was my cosponsor but legally, it can be any USC over the age of 18. And it didn't bother my sponsor at all to do it for my wife and I. Lastly, the lady who interviewed us didn't give it a second thought. She didn't have a problem with it at all. All they want is to make sure there's someone financially liable in case anyone who's not a USC uses welfare or something like that. 

[LarryHickman 181]

Thank you for your insight sir

[payxibka 10,045]

1 hour ago, LarryHickman said:

Hello everyone, I was wondering as the petitioner what would happen to my already in progress I 129F and waiting on the interview if between now and then I get laid off? I’m obviously thinking about the AOS here. I praying this doesn’t happen but nothing is guaranteed no matter what in life. Like most if not all people on here I love my fiancé very much and I couldn’t see going through this entire process and have this happen. Im still employed thank God but I trying to be proactive. i just want to get some insights from the good people here on VJ, thanks. 

Simply get another job or a cosponsor

[geowrian 22,337]

If you don't meet the financial requirements for the I-134 at the time of the interview, then you should have an I-134 from a co-sponsor ready to present to the CO .

 

For AOS, you can use a joint sponsor if needed at that time. It doesn't need to be the same person as used for the K-1 visa, either.

Edited June 17, 2018 by geowrian

[LarryHickman 181]

8 minutes ago, geowrian said:

If you don't meet the financial requirements for the I-134 at the time of the interview, then you should have an I-134 from a co-sponsor ready to present to the CO .

 

For AOS, you can use a joint sponsor if needed at that time. It doesn't need to be the same person as used for the K-1 visa, either.

You are talking about both the affidavit of support and the adjustment of status correct? Sorry if I’m wrong

[geowrian 22,337]

8 minutes ago, LarryHickman said:

You are talking about both the affidavit of support and the adjustment of status correct? Sorry if I’m wrong

By AOS, I meant adjustment of status. That uses the I-864 for the affidavit of support. The K-1 uses the I-134 for the affidavit of support.

[sunshinelove 52]

23 hours ago, LarryHickman said:

Thank you for your insight sir

I'm a woman  but you're welcome! 

[sunshinelove 52]

Geowrian is correct. You and any joint sponsor need to use the i-134 for the K1 visa. When you do AOS you'd both use the i-864. For some reason, during the visa process, financial sponsors are called joint sponsors and during AOS they're called cosponsors. They're the same thing and can be the same person or different. So to recap, for now, you'd use the i-134 and if you do need assistance any joint sponsor would use that form as well. 

[geowrian 22,337]

20 minutes ago, sunshinelove said:

For some reason, during the visa process, financial sponsors are called joint sponsors and during AOS they're called cosponsors. They're the same thing and can be the same person or different.

Backwards... It's co-sponsor for the I-134 (for the K-1 visa), and joint sponsor for the I-864 (for AOS or an immigrant visa).

 

Generally it's a distinction without a difference.

A "co-sponsor" means they agreeing to support the non-immigrant. It's really any sponsor...some embassies will not accept a co-sponsor , some will accept one only on a case by case basis, and some will accept an I-134 from just the non-petitioner.

A "joint sponsor" is jointly and legally responsible for the intending immigrant for repayment of public benefits or meeting the 125% income level of them, if necessary. At the same time, they will seek enforcement/reimbursement - if necessary - from the primary sponsor first. COs and IOs are required to consider any qualifying joint sponsor.

Edited June 18, 2018 by geowrian

[Nitas_man 3,100]

Absent a co-sponsor and if you are relatively liquid you can make a run at sponsoring on your assets

[sunshinelove 52]

4 hours ago, geowrian said:

Backwards... It's co-sponsor for the I-134 (for the K-1 visa), and joint sponsor for the I-864 (for AOS or an immigrant visa).

 

Generally it's a distinction without a difference.

A "co-sponsor" means they agreeing to support the non-immigrant. It's really any sponsor...some embassies will not accept a co-sponsor , some will accept one only on a case by case basis, and some will accept an I-134 from just the non-petitioner.

A "joint sponsor" is jointly and legally responsible for the intending immigrant for repayment of public benefits or meeting the 125% income level of them, if necessary. At the same time, they will seek enforcement/reimbursement - if necessary - from the primary sponsor first. COs and IOs are required to consider any qualifying joint sponsor.

Thanks for the clarification!!