Replacing Sponsor after CR-1 is approved?

[Looking4Wife 0]

I'm sure this has been asked before, but I did make an honest attempt to find it in the archives...

This scenario invovles me as a USA citizen bringing a Colombian wife here in the near future.

Being self-employed, and having some complex tax issues to sort out, I am considering discussing the possibility of sponsorship with my parents. However, I would much rather be able to "relieve" them of sponsorship liabilities after I get my tax issues sorted out.

I dread the thought of getting my parents involved, but I am starting to think it may save me some time, especially if I can relieve them of the liability later.

If my parents financially sponsor a wife for me, i.e. Affidavit of Support, can I later relieve them of legal liability when I am in a better position to clear the immigration process without a sponsor?

[Yodrak 7]

Looking4Wife,

Interesting question, especially since you provide precious little context for it. This is one time I agree with the lemmings who write 'please provide your timeline'.

For the moment, about all that can be said is that you will be the sponsor and the first to be gone after should the need arise. When you've been bled dry will they look next to the Joint Sponsor.

Yodrak

I'm sure this has been asked before, but I did make an honest attempt to find it in the archives...

This scenario invovles me as a USA citizen bringing a Colombian wife here in the near future.

Being self-employed, and having some complex tax issues to sort out, I am considering discussing the possibility of sponsorship with my parents. However, I would much rather be able to "relieve" them of sponsorship liabilities after I get my tax issues sorted out.

I dread the thought of getting my parents involved, but I am starting to think it may save me some time, especially if I can relieve them of the liability later.

If my parents financially sponsor a wife for me, i.e. Affidavit of Support, can I later relieve them of legal liability when I am in a better position to clear the immigration process without a sponsor?

[lquin 0]

Looking4Wife,

Interesting question, especially since you provide precious little context for it. This is one time I agree with the lemmings who write 'please provide your timeline'.

For the moment, about all that can be said is that you will be the sponsor and the first to be gone after should the need arise. When you've been bled dry will they look next to the Joint Sponsor.

Yodrak

I'm sure this has been asked before, but I did make an honest attempt to find it in the archives...

This scenario invovles me as a USA citizen bringing a Colombian wife here in the near future.

Being self-employed, and having some complex tax issues to sort out, I am considering discussing the possibility of sponsorship with my parents. However, I would much rather be able to "relieve" them of sponsorship liabilities after I get my tax issues sorted out.

I dread the thought of getting my parents involved, but I am starting to think it may save me some time, especially if I can relieve them of the liability later.

If my parents financially sponsor a wife for me, i.e. Affidavit of Support, can I later relieve them of legal liability when I am in a better position to clear the immigration process without a sponsor?

As Yodrak said... the spouse (i.e you..) must be the sponsor... you parents can only be co-sponsors..

[Looking4Wife 0]

So maybe I should rephrase my question...

Is it possible to get rid of co-sponsors, and remove them at a later time?

[lucyrich 19]

So maybe I should rephrase my question...

Is it possible to get rid of co-sponsors, and remove them at a later time?

I don't know of any procedure to revoke an affidavit of support once signed, but I could be mistaken. If indeed there's no procedure to revoke an affidavit of support, then the only way to remove a co-sponsor is to do one of the four things that will terminate the affidavit of support.

The alien could leave the country, abandon status, and then apply for a new visa based on only the spouse as sponsor. I can't imagine many would want to go to the trouble, though. Less drastic is for the alien to apply for citizenship as soon as possible, thus terminating the affidavit of support in about three years. If that path isn't desired, then if both the alien and spouse continuously work, 40 quarters of work will be accumulated in about five years (the alien is credited with her spouse's quarters of work in addition to her own).

Of course, this does little to comfort a reluctant co-sponsor. If the couple is in a situation where they can terminate the affidavit of support fairly quickly, the couple is probably in a situation where the co-sponsor isn't going to have to pay anything anyway. Likewise, if the primary sponsor (the US Citizen spouse) initially couldn't qualify but later gets into a situation where he can be the sole sponsor and qualify without needing a co-sponsor, then it's very unlikely the co-sponsor is ever going to pay a cent on the affidavit of support anyway.

[Yodrak 7]

Looking4Wife,

Up to a point it is possible to remove a joint sponsor. After that point it is not. For adjustment of status 'the point of no return' is fairly easy to establish. For an immigrant visa maybe not so easy.

So again, what you need to provide is some context. Where are you in 'the process' and where do you expect to be at the "later time" when you wish to get rid of the joint sponsor?

Yodrak

So maybe I should rephrase my question...

Is it possible to get rid of co-sponsors, and remove them at a later time?

[Looking4Wife 0]

Thanks for all the responses, I appreciate it.[/b]

So again, what you need to provide is some context. Where are you in 'the process' and where do you expect to be at the "later time" when you wish to get rid of the joint sponsor?

Yodrak:

The question was posed as a "scenario", with the intention for the reader to presume that I am "nowhere" in the process, because I have not yet started any application process.

Hence the point of me "considering discussing the possibility of (co-)sponsorship with my parents".

I stated that I was self-employed, and had some tax issues to sort out... as you may know, I would need to provide 3 years tax returns. In the archives I have previously posted more detail concerning my tax issues, but I didn't want to get people misdirected on other tangents that weren't pertinent to this specific question.

I thought my question was fairly straightforward... but maybe I am (admittedly) too ignorant on the "process" in order for you to give me a more useful answer. I'm sorry if I didn't meet your expectations. I'll try harder next time

[Jersey Girl 2]

Here's a scenario that may be something to consider. I'm the USC (unemployed for now), who took a sabbatical year, putting me below the poverty line on the last tax return. This doesn't look good on the I-134, even though I have assets. At this point in the process, only one tax return is required, even though I'd like to show more. So, to play it safe, I'll have my brother as a co-sponsor.

After the K-3 spouse visa is approved, and my husband enters the U.S., we'll apply for an Adustment of Status. Now it's form I-864. By that time, I should have a full-time job. This is where they ask for 3 years of tax returns, so I'll start to look more stable. At that time, a joint sponsor will probably not be necessary, and we can relieve my brother of any financial burden. As a co-sponsor, he will only have been on the hook from the K3 interview stage to the AOS, hopefully, less than a year.

I don't know what your tax issues might be, Looking4Wife, but I wouldn't want both USCIS and the IRS in my life at the same time. We also can't tell which type of Visa you're considering, but since you mentioned "bringing a Colombian wife here in the near future," you must have a basic plan in mind.

I'm not sure what more knowledgable people would say about my Support strategy, but in essence, it's to have a co-sponsor for the I-134 and drop him for the I-864.

[Yodrak 7]

Jersey Girl,

You can show whatever evidence of financial condition you wish that is appropriate to your situation. If your most recent tax return is abnormal and 3 years of tax returns gives a more accurate picture of your earning potential, submit 3 years of tax returns (or 4 or 5) and an explanation. (And be aware that while the US consulate in your husband's country may ask for only 1 tax return, some consulates ask for 3.)

What's most critical, however, is your current financial situation. So being unemployed at present ,unless your assets are really substantial, you are probably correct that your husband will need someone other than you to be his sponsor for his K visa.

With regard to adjustment of status, only the 1 most recent tax return is now required - not 3. But again, if 3 or more years of tax returns gives a more accurate picture then submit them.

Yodrak

Here's a scenario that may be something to consider. I'm the USC (unemployed for now), who took a sabbatical year, putting me below the poverty line on the last tax return. This doesn't look good on the I-134, even though I have assets. At this point in the process, only one tax return is required, even though I'd like to show more. So, to play it safe, I'll have my brother as a co-sponsor.

After the K-3 spouse visa is approved, and my husband enters the U.S., we'll apply for an Adustment of Status. Now it's form I-864. By that time, I should have a full-time job. This is where they ask for 3 years of tax returns, so I'll start to look more stable. At that time, a joint sponsor will probably not be necessary, and we can relieve my brother of any financial burden. As a co-sponsor, he will only have been on the hook from the K3 interview stage to the AOS, hopefully, less than a year.

I don't know what your tax issues might be, Looking4Wife, but I wouldn't want both USCIS and the IRS in my life at the same time. We also can't tell which type of Visa you're considering, but since you mentioned "bringing a Colombian wife here in the near future," you must have a basic plan in mind.

I'm not sure what more knowledgable people would say about my Support strategy, but in essence, it's to have a co-sponsor for the I-134 and drop him for the I-864.

[meauxna 15]

Thanks for all the responses, I appreciate it.[/b]

So again, what you need to provide is some context. Where are you in 'the process' and where do you expect to be at the "later time" when you wish to get rid of the joint sponsor?

Yodrak:

The question was posed as a "scenario", with the intention for the reader to presume that I am "nowhere" in the process, because I have not yet started any application process.

Hence the point of me "considering discussing the possibility of (co-)sponsorship with my parents".

I stated that I was self-employed, and had some tax issues to sort out... as you may know, I would need to provide 3 years tax returns. In the archives I have previously posted more detail concerning my tax issues, but I didn't want to get people misdirected on other tangents that weren't pertinent to this specific question.

I thought my question was fairly straightforward... but maybe I am (admittedly) too ignorant on the "process" in order for you to give me a more useful answer. I'm sorry if I didn't meet your expectations. I'll try harder next time

Your "scenario" isn't fleshed out enough to give an answer. No need to get snarky/sarcastic.

Will your wife hypothetically be using a K-3 visa to enter the US, or an immigrant visa?

If K-3; yes, you will have a chance to relieve an additional sponsor.

If IV; there will not be an opportunity to relieve the Joint Sponsor's obligation until your wife naturalizes (earliest opportunity = 3 years from entry). Unless she dies or leaves the US permanently, I think that'll be your first chance.

Double check your assumption about how many tax returns you have to submit, too.

[Looking4Wife 0]

Jersey Girl:

Very interesting scenario, which also gave background detail for Meauxna's reply. Sounds like you have a well thought out plan. I was thinking I would go directly for the CR-1, not seeing any advantages with the K-3, but your scenario presents a viewpoint worth considering.

I also got quite a chuckle from your comment about not having "both USCIS and the IRS in my life at the same time"

Meauxna:

I knew you would chime in sooner with some gems of wisdom... since your story was very helpful when I discussed my tax issues before. I also picked up on the thing about verifying how many tax returns I need, from your comment and Yodrak's.

Yodrak:

Good point about the tax returns.

I think my question has been answered for now... back to working on my taxes! Thanks, again everyone!