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Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Yes i'm the beneficiary, Sorry for not mentioning that.

What if my fianceé gets a job within a year that has the guideline poverty req. Can he take the co-sponsor ship from her?

Thanks for the fast reply's ^^

No. But as long as he has a job and you two are married and he supports you, the co-sponsor has no worries. YOU can relieve her of her responsibilities by becoming a citizen after three years

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
I see what you mean, if you use a co-sponsor now and later your fiance gets a better job and can meet the requirements alone if you can let the co-sponsor off the hook.

While you're still on K1 and doing the I-134 that would work since once you file for AOS you'll have to send a new Affidavit of Support, the I-864 meaning the I-134 will no longer me used. If your (then) husband can meet the requirements by then the co-sponsor used in the K1 won't have any more responsibilities.

BUT, if you also need a co-sponsor for the AOS, and later your fiance starts earning enough to meet the requirements, you can't substitute the Affidavit meaning your co-sponsor (along with the sponsor) remains in effect until you work for around 10 years, become a citizen OR abandon your permanent residency. Btw, divorce DOES NOT cancel out the affidavit.

There are no costs for the sponsors, except that if you apply for federal benefits the government can then go after the sponsors to collect whatever you earned from it. So you're good if you don't apply for any aids.

True enough. I was not clear. The I-864 you file for the AOS cancels the I-134 you gave to the consulate. IF he has a job paying the minmum requirement when you file the AOS, then you would not need a co-sponsor at that time and the co-sponsor for the I-134 is off the hook. To sponsor 2 people it takes only $18,212 per year, it doesn't take a very hign paying job. $10 per hour will do it for a full time job.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: K-1 Visa Country: Netherlands
Timeline
Posted

Yeah, Hopefully he'll be able to get a job before we file for the I-846. Do we have to file for this right after the marriage or within those 90 days or can you wait with it? ^^

Love is patient and kind;

it is not jealous or conceited or proud;

love is not ill-mannered or selfish or irritable;

love does not keep a record of wrongs;

love is not happy with evil, but is happy with the truth.

Love never gives up; and its faith, hope, and patience never fail.

Love is eternal.

inloveforeveryouandmet.jpg

TimeLine:

02-29-08: Met Online

04-26-08: Told eachother how we felt

10-24-08: Went to America

12-01-09: Engaged

01-17-09: Bought the ring

01-21-09: Back to Holland =[

03-10-09: Petition send

03-16-09: NOA1

08-11-09: NOA2!!!! Finally!!!!

08-20-09: Package 3

09-10-09: Package 3 send to Consulate

09-17-09: Package 4

10-01-09: Medical + Xray

10-13-09: Interview!!!!!! Approved!!!!!!

10-15-09: Visa Arrived!!!!

11-20-09: US Entry

01-30-10: Marriage

02-13-10: Honeymoon to South Carolina

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
Yeah, Hopefully he'll be able to get a job before we file for the I-846. Do we have to file for this right after the marriage or within those 90 days or can you wait with it? ^^

You send in the I-864 with the package of documents you file for adjustment of status. This is done as soon as possible after you're married, which has to be done before the 90 day K1 status expires.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Netherlands
Timeline
Posted

Okies, Thank you ^^

Love is patient and kind;

it is not jealous or conceited or proud;

love is not ill-mannered or selfish or irritable;

love does not keep a record of wrongs;

love is not happy with evil, but is happy with the truth.

Love never gives up; and its faith, hope, and patience never fail.

Love is eternal.

inloveforeveryouandmet.jpg

TimeLine:

02-29-08: Met Online

04-26-08: Told eachother how we felt

10-24-08: Went to America

12-01-09: Engaged

01-17-09: Bought the ring

01-21-09: Back to Holland =[

03-10-09: Petition send

03-16-09: NOA1

08-11-09: NOA2!!!! Finally!!!!

08-20-09: Package 3

09-10-09: Package 3 send to Consulate

09-17-09: Package 4

10-01-09: Medical + Xray

10-13-09: Interview!!!!!! Approved!!!!!!

10-15-09: Visa Arrived!!!!

11-20-09: US Entry

01-30-10: Marriage

02-13-10: Honeymoon to South Carolina

Posted

Oh - not to damper anything.

But someone here posted two legal cases where the "beneficiary" managed to sue the sponsor for 125% of the poverty level (for one person), because of the 864.

They divorced and went after the amount.

(in a nutshell, if the level is $12k, and they didn't work (beneficiary bringing in their own income), the judge ordered the sponsor to give the beneficiary $12k as per the 864)

I thought they could only be held responsible for "means tested" but if the person gets medieval legal on you, oh oh.

864 sponsor case

864 case 2

The first link shows some things your lawyer can do to help fight this... more cost...

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Country: Jamaica
Timeline
Posted

Yes "means tested" comes into play from what I hear too.

Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

 
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