co-sponsor (split topic)

[KayDeeCee 4,895]

19 hours ago, TWISTIE said:

Thank you so much. One more question please, if anyone else could also share their views please.

 

If primary sponsor has no prior history of work at all (meaning no any tax returns/transcripts for the last 3/5 yrs)  AND s/he will be using only his/her one year’s work history with tax transcript whether as a self employed/working then would it be ok so long s/he is making required income? Thanks

 

 

You're welcome, and as others have already said, your current annual income is the key factor. That doesn't mean a CO can't deny if you are currently earning enough, but that because you are currently earning enough to support the beneficiary, you could be ok on your own without the need for a joint sponsor.

[TWISTIE 30]

12 hours ago, KayDeeCee said:

You're welcome, and as others have already said, your current annual income is the key factor. That doesn't mean a CO can't deny if you are currently earning enough, but that because you are currently earning enough to support the beneficiary, you could be ok on your own without the need for a joint sponsor.

Thanks. Just to be sure/confirm please- if primary sponsor doesn’t work nor have any asset, then his/her only hope is- getting a joint/co- sponsor for form I-134?? Am I right?

 

I am new over here...The beneficiary would be interviewed in India. Thus, is it possible for you to let me know if Consular officers do accept co-sponsorship or if you could guide me or provide link to India specific consulate questions on here? Thnx

Edited July 31, 2021 by TWISTIE
Adding more

[SalishSea 18,080]

57 minutes ago, TWISTIE said:

Thanks. Just to be sure/confirm please- if primary sponsor doesn’t work nor have any asset, then his/her only hope is- getting a joint/co- sponsor for form I-134?? Am I right?

 

I am new over here...The beneficiary would be interviewed in India. Thus, is it possible for you to let me know if Consular officers do accept co-sponsorship or if you could guide me or provide link to India specific consulate questions on here? Thnx

If the primary sponsor does not work, how will they support the immigrant during the 8+ months when the immigrant first arrives and cannot work?

 

In this situation, a CR-1 may be a better choice.

[pushbrk 13,066]

4 minutes ago, Jorgedig said:

If the primary sponsor does not work, how will they support the immigrant during the 8+ months when the immigrant first arrives and cannot work?

 

In this situation, a CR-1 may be a better choice.

Might be,  yes.  That's means marrying first, before starting any process.  Curious what is the actual plan for supporting themselves in the US.

[SalishSea 18,080]

1 minute ago, pushbrk said:

Might be,  yes.  That's means marrying first, before starting any process.  Curious what is the actual plan for supporting themselves in the US.

So many are preoccupied with getting "approved" on paper, with no real plan for what will happen in practice, or for AOS.

[pushbrk 13,066]

Just now, Jorgedig said:

So many are preoccupied with getting "approved" on paper, with no real plan for what will happen in practice, or for AOS.

And the approval is not "on paper".  An actual person makes a judgment call during the interview.  That "person" is free to ask what the real plan is and how the person has been supporting themselves up until now.

[SalishSea 18,080]

1 hour ago, pushbrk said:

And the approval is not "on paper".  An actual person makes a judgment call during the interview.  That "person" is free to ask what the real plan is and how the person has been supporting themselves up until now.

Right.  I just wish folks would report back in these situations.

[TWISTIE 30]

2 hours ago, Jorgedig said:

If the primary sponsor does not work, how will they support the immigrant during the 8+ months when the immigrant first arrives and cannot work?

 

In this situation, a CR-1 may be a better choice.

I understand that your such question is totally reasonable, but as a matter of law (immigration law), isn’t sponsor’s obligation/requirement to support his/her fiancé is- to submit fully filled form I-134 along with its supporting documents to show income/assets so that s/he could be able to support foreign-fiancé, OR submit the same form from a co-sponsor so that visa could be issued to foreign-fiancé. Everyday, thousands of co-sponsors (for form I-134) or joint sponsors (for form I-864) join with primary sponsor to over come this public charge inadmissibilty ground. US govt. don’t care how an alien will be taken care of if primary sponsor doesn’t work or has no assets, instead all they care is- getting reimbursed if alien-spouse goes on public assistance even though under Welfare laws of 1996, aliens are not eligible for any of public assistances unless 5 yrs have passed since their admission or if they become US citizen.

 

In my personally opinion, honestly, this requirement of Affidavit of support, whether thru form I-134 or I-864 is totally a mute subject and a stupid one. Why? Because aliens can not get any public benefits anyway until they become US citizen or be a green card holder for 5 yrs. Secondly, there is not even one case wherein govt. tried to seek reimbursement...I think there was one, but US Supreme Court strikes that out. So, when this so-called “affidavit of support” requirement is never implemented nor it could ever be then whats the purpose of making it such a big deal during immigration purpose??? Again, these are just my personal opinions...I think if govt. is so occupied with this ground of inadmissibility or don’t want someone to be burden on US govt. then govt. could ask to deposit some kind of bond in a reasonable amount and that bond should be returned only 5 yrs.

 

Going back to your specific question- then primary sponsor (not me..lols) works under the table and makes very high income...Thus, s/he could easily support alien-fiancé. Now, please don’t ask me why primary sponsor then doesn’t report his/her income and pays taxes?? I dont know about it nor I care...but people do that all the time to save money for themselves...but then again I can not speak for anyone else...However, I don’t think there is anything wrong in working off the table either...Besides, some employers...some only...will hire you only if you ready to work off the book...Maybe, employers don’t wanna pay taxes, insurances and any benefits (to employees)....

 

As for you having suggested for CR-1 then CR-I is no available for them in that particular country...

[TWISTIE 30]

2 hours ago, pushbrk said:

And the approval is not "on paper".  An actual person makes a judgment call during the interview.  That "person" is free to ask what the real plan is and how the person has been supporting themselves up until now.

You are absolutely right..In my previous marriage, CO did drill my ex-wife on her C-1 visa application as to how I (petitioner) was supporting himself all these years without a job/income/assets. They even suspected some criminal activity...maybe money laundry or whatever...and referred the whole case to USCIS back in US for further investigation...It took them a year...to have showed up at my front door in the middle of the night...4 federal agents ...from local US field office...I had let them in...I was asked my five years’ tax returns...my DL...they took many pictures of my whole house...every bedroom...living room...and even of bathroom...I was asked to submit all the mortgage paper/house paper or lease for the last 5 years...They came 3 times to my house...without letting me know in advance...and in the late evening...So, its not a good scenario wherein primary sponsor doesn’t work, have no income and doesn’t show/tell a reasonable response on how s/he has been supporting himself/herself...then they suspect something fishy...especially when there is no history of work for a very very long time...for many years...

[pushbrk 13,066]

Unfortunately, our opinions about the appropriateness of  how affidavits of support are used and evaluated are not relevant.  Only the Consular Officer's judgment is relevant.

[pushbrk 13,066]

58 minutes ago, TWISTIE said:

 

As for you having suggested for CR-1 then CR-I is no available for them in that particular country...

No such country exists.  There are countries without Immigrant Visa units, like Mozambique, but those folks just interview in South Africa.  The OP's spouse is coming from India.

[KayDeeCee 4,895]

16 hours ago, TWISTIE said:

Thanks. Just to be sure/confirm please- if primary sponsor doesn’t work nor have any asset, then his/her only hope is- getting a joint/co- sponsor for form I-134?? Am I right?

I suppose that they could hope that it would be accepted, or they could begin working before filing so that they could provide the I-134 for the visa and then the I-864 for AOS. Doing what needs to be done to successfully navigate the immigration process is better than just hoping you'll be lucky enough to squeak by.

[Ryan H 3,821]

***Hijack post in another member's thread split along with all subsequent replies to said post.  In the future, please start your own thread with your own questions instead of hijacking threads started by other members.***