Help me make a case to my parents...

[Caladan 19]

A bit of history:

I'm a graduate student. I miss the 125% cutoff by about $500 annually according to my tax returns. Yes, the K-1 only requires 100%. Yes, I have more five times the balance of the deficit held in liquid assets.

Still. Not keen on the idea of sending him to an interview that should be a breeze at 117% of the poverty level guidelines to get rejected.

So, I feel I need a co-sponsor. Here endeth the history lesson, and here beginneth the plea.

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My parents are of the lovely old-school midwestern breed that won't co-sign for cars, apartments, college loans, let alone a fiancé. The worry is generally that they don't know what could possibly happen, and they wouldn't want to be legally liable, because then the government would come and take their house, car, livelihood, and I wouldn't want to do that to dear old mom and dad would I?

(As a side note, I have never had financial trouble. This is pretty much an irrational worry on their part.)

I think it's a silly worry, but fair enough, their worries are their worries. I'd like to convince them that this is a stupid worry, as the K-1 is not legally binding (and my tax returns for fiscal 2006 will be above the cutoff due to a summer teaching gig, so we'll be fine at the AoS.)

Problem is, I'm not sure how I know that the K-1 is not legally binding. I understand the rationale that it's not legally binding., but I'm looking for a cite and coming up dry on finding the specific reg.

So, I'm looking for a cite that says a) the K-1 is not legally binding (it's okay if it's in legalese, I can read that.) and B) preferably has a shiny seal and looks official.

Can anyone help?

[sarah and hicham 3]

I skipped my parents and went straight for my brother.

[kitkat1 5]

While Form I-134 states that the promise to support is valid for 3 years, the courts have ruled that this "adminstrative" affidavit of support form is NOT legally binding (hence the legally binding I-864)

You can also mention to them that lawyers refer to the I-134 as "nonbinding affidavit of support, INS form I-134"

This non-binding nature should help reduce their concerns. Good Luck.

[aussiewench 9]

Here's a start

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A

(CT:VISA-823; 07-14-2006)

a. With the required use of Form I-864, Affidavit of Support Under Section

213A of the Act, under INA 212(a)(4)© and INA 213A for so many

classes of immigrants, the use of Form I-134, Affidavit of Support, has

been reduced considerably. Nevertheless, there still are circumstances

when Form I-134 will be beneficial. This affidavit, submitted by the

applicant at your request, is not legally binding on the sponsor and should

not be accorded the same weight as Form I-864. Form I-134 should be

given consideration as one form of evidence, however, in conjunction with

the other forms of evidence mentioned below.

http://foia.state.gov/masterdocs/09fam/0940041N.pdf

[Caladan 19]

While Form I-134 states that the promise to support is valid for 3 years, the courts have ruled that this "adminstrative" affidavit of support form is NOT legally binding (hence the legally binding I-864)

You can also mention to them that lawyers refer to the I-134 as "nonbinding affidavit of support, INS form I-134"

This non-binding nature should help reduce their concerns. Good Luck.

Yeah, understood that. It's just that the parental line will be 'But it says on the form that it's binding!'

I skipped my parents and went straight for my brother.

Haha, the trials of being the eldest. Sisters are all in school or broke.

--

aussiewench, thanks. That should help a lot, at least with my ability to make the case. (Still not betting they'll sign, but I guess that's why we won't plan a big wedding. Ooh, I could use the wedding planning as leverage.....)

[heishe 2]

If you need a sponsor for the K1, you'll probably need one for AOS too. The AOS form is legally binding. Who will sponsor you then?

[aussiewench 9]

Caladan

Futher reference

http://countingcalifornia.cdlib.org/crs/pdf/97-1054.pdf

heishe, Caladan did state that come to AOS there would not be a problem

(and my tax returns for fiscal 2006 will be above the cutoff due to a summer teaching gig, so we'll be fine at the AoS.)

[Jersey Girl 2]

If you can, couch everything in these terms: I intend to marry and start a family. You will be ensuring the next generation, i.e., your own grandchildren. Do it for them!

[john_and_marlene 162]

I would never cosponsor. I think your parents concerns are rational and reasonable.

[desert_fox 32]

If one of my kids came to me and asked me to co-sponser, I would refuse. If you bring someone here you had better meet the requirements as I would not want to be holding the bag five years from now if something should happen. I would never allow anyone to impose upon my friendship and I would expect my kids to be adults and handle their own problems. Postpone this until you are out of school and more financailly independent.

[Kez/JWolf 6]

You could wait until you have filled your 2006 Tax return as you say you will qualify then.... it is wrong to pressure your parents into doing something they do not want to do for whatever reason.....

Kezzie

[Caladan 19]

I am hardly holding a gun to their heads and forcing them to sign a form. But if their reason is 'it's legally binding!', and it's not, then that's a bad reason because it's uninformed. If the reason is they don't want to because The Worst Could Happen, I'll respect their decision, and we'll try it on our own.

The rest of the comments on my personal decision were considered, by the way, but we've been together since 2004. If I wait till I finish my degree 2008, and then wait until I have a year's tax return, that's 2009. This is not a negligible time gap given the realities of life, age, biological clock. And I've been living quite well, with no debt and saving about 25% of my income, for five years on my own without parental assistance, and barring a disaster (I mean, it could happen, but how many college grads do you know who are a public charge?), I see no reason why my track record of being financially independent won't continue.

[nannygirl82 0]

are you making enough money at the present time???? if you are you do not need to wait till you file your 2006 tax....

[Kez/JWolf 6]

Its good that you have been able to stand on your own two feet for so many years..... but you are only one person... the US governement what to make sure you can support 2 people without the immigrant becoming a public charge.... the cost of living alone are very diffrent for setting up a home and the cost of living for 2 people...

Kezzie

[Caladan 19]

I am... borderline. The problem is that my funding/income is generated from September-June. Meaning that while my 'annual' income for FY2005 is, according to my contract with the university, $18,000, the part that made it onto the tax forms (since the school contract starts in June) was $15K+, just shy of 125%. For FY2006, I'll have that plus a $6300 summer teaching job, which should put me around $24-25K. For this year (2006-2007), the stipend is up to $19K + health insurance.

So if I just ignored the tax return request and provided an income letter and a bank letter, I'd *probably* be okay as far as the government is concerned. But a co-sponsor would be helpful.

Kez, quite a number of my friends manage (not with champagne bidets, mind) in my area, supporting two people on one grad student income as one relocates or tries to find a job. So I have a good sense of both what our cost of living is and will be. That's neither here nor there as far as the government goes, of course.