the legalities of being a sponsor or co-sponsor

[bogartnoir 1]

we are in the very final stages of our k-1 visa process and my father has some reservations about being co-sponsor- mainly being that if my fiance gets in any sort of trouble, the responsibility is on him.

he would like to know when his role as co-sponsor LEGALLY ends. does it end with AOS or something else?

this is terribly important and last minute so any help would be appreciated.

thank you in advance.

[pushbrk 13,641]

we are in the very final stages of our k-1 visa process and my father has some reservations about being co-sponsor- mainly being that if my fiance gets in any sort of trouble, the responsibility is on him.

he would like to know when his role as co-sponsor LEGALLY ends. does it end with AOS or something else?

this is terribly important and last minute so any help would be appreciated.

thank you in advance.

There have been some good discussions on this in the US Embassy forum where such discussions belong and to which this one is likely to be moved. If your father only signs the I-134 to help get the visa, then yes, his obligation ends when AOS is complete. Actually, the I-134 isn't legally enforceable anyway. You can google that.

On the other hand, if your father signs and submits an I-864 as part of your AOS, then he should read and understand the obligations as explained on the document itself above where he signs. The worst case is your fiance never goes to work, divorces you and eventually draws means tested benefits. Never working equals an obligation that ends when your then former husband or your father dies and only then. Of course, you are always the primary sponsor with the joint sponsor being second in line to collect from. In this worst case scenario you remain obligated until you or your then former husband dies.

I suspect your father would appreciate you getting a job, so he doesn't have to sign that I-864 for AOS.

Edited November 9, 2009 by pushbrk

[Anh map 2,098]

Hasn't he been concerned about this for a while now? Dad should refer to the I-134 instructions and the laws cited there. http://www.uscis.gov/files/form/i-134instr.pdf

The I-134 is the weaker document and will be replaced / superceded by the I-864 at AOS.

First and foremost the government agency will pursue you, the petitioner, as the primary sponsor to collect anything. And that will only be if your fiance/spouse uses any means tested benefits (welfare, food stamps, and such). It has nothing to do with liability for criminal acts, debts, etc.

[bogartnoir 1]

Hasn't he been concerned about this for a while now? Dad should refer to the I-134 instructions and the laws cited there. http://www.uscis.gov/files/form/i-134instr.pdf

The I-134 is the weaker document and will be replaced / superceded by the I-864 at AOS.

First and foremost the government agency will pursue you, the petitioner, as the primary sponsor to collect anything. And that will only be if your fiance/spouse uses any means tested benefits (welfare, food stamps, and such). It has nothing to do with liability for criminal acts, debts, etc.

he has, but my family is very private with their income and my father doesn't like to sign any legally binding documents unless absolutely necessary. understandable.

i just started a job. i was/am disabled, but am working now. is there an income level for the AOS as there was for the k-1?

[pushbrk 13,641]

Hasn't he been concerned about this for a while now? Dad should refer to the I-134 instructions and the laws cited there. http://www.uscis.gov/files/form/i-134instr.pdf

The I-134 is the weaker document and will be replaced / superceded by the I-864 at AOS.

First and foremost the government agency will pursue you, the petitioner, as the primary sponsor to collect anything. And that will only be if your fiance/spouse uses any means tested benefits (welfare, food stamps, and such). It has nothing to do with liability for criminal acts, debts, etc.

he has, but my family is very private with their income and my father doesn't like to sign any legally binding documents unless absolutely necessary. understandable.

i just started a job. i was/am disabled, but am working now. is there an income level for the AOS as there was for the k-1?

Yes, it's 125% of the poverty level for the applicable household size. Do carefully read the I-864 starting with the instructions all the way through to the end.

[Anh map 2,098]

If your annualized income will meet the 125% requirement then you may not need a co-sponsor. You've got a few months to get employment set up so that you will know if you meet the mark or not.