Can a co sponsor be "removed" again

[VetsWife328 7]

Hi,

well I'm tired of waiting and want to put the I 129 in when I get to visit my man in September.(He's the USC).

Now as far as I know we will need 3 years of ttax stuff for the I 134 ......The past 3 years are just fine but 2006 is going to be a problem since we're a few thousand $ short of meeting the income requirement.Luckily we have some true freinds (ANGELS I call them!) that are willing to co sponsor my son and me.

My question now is,what would they have to do since as I said the years 2003,2004,2005 are fine and only 2006 is the problem.nd can they be removed again when my man has a better job (hopefully SOON) and we meet the required income level? Which most certainly we will by then.

Or are they gonna stay our co sponsors regardless of our income next year?

Also is it possible to have my man fully sponsor me and our friends co sponsoring my son only?

I read something about that the other day and can't find it anymore.

Thanks for any helpful replies!!!!

Nat

[aussiewench 9]

The I-134 is not legally binding and is, when requested by a consulate, used as part of evidence to overcome the public charge issue. An I-864 on the other hand is legally binding and will be required with adjustment of status. In a nutshell, the I-134 submitted for the visa application will then have no bearing at all.

Edited July 27, 2006 by aussiewench

[VetsWife328 7]

Well sorry but that didn't answer my question.

I know that we need an I 864 for AOS and that's where we'll have the problem,because AOS will be in 2007 so we need 2006 Tax Returns and THAT is where we are short.

My friend(the one who wants to co sponsor) wanted to know whether they could be removed as co sponsors once my man makes enough money and can show a 2007 Tax Return that says so.

Anyone with helpful replies please!!!

Nat

[john_and_marlene 162]

Well sorry but that didn't answer my question.

I know that we need an I 864 for AOS and that's where we'll have the problem,because AOS will be in 2007 so we need 2006 Tax Returns and THAT is where we are short.

My friend(the one who wants to co sponsor) wanted to know whether they could be removed as co sponsors once my man makes enough money and can show a 2007 Tax Return that says so.

Anyone with helpful replies please!!!

Nat

They cannot be removed. If they sign the support contract, they are on the hook for the full ride.

[aussiewench 9]

Well sorry but that didn't answer my question.

I know that we need an I 864 for AOS and that's where we'll have the problem,because AOS will be in 2007 so we need 2006 Tax Returns and THAT is where we are short.

My friend(the one who wants to co sponsor) wanted to know whether they could be removed as co sponsors once my man makes enough money and can show a 2007 Tax Return that says so.

Anyone with helpful replies please!!!

Nat

My apologies but you only mentioned the I-134 and for that I gave you the correct answer in that whoever sponsors or co-sponsors (your friends) means nothing past showing that one will not become a public charge so your question about could they be removed was not something for anyone to worry about in that regard.

As for the I-864, as I said it is legally binding and a co-sponsor if used will not be removed when circumstances change.

Just as a side.....Have you read the new rules regarding the I-864. http://www.visajourney.com/forums/index.php?showtopic=4054

[Yodrak 7]

Nat,

Your original question was not clear, and still isn't. But this time I'll have a go at it.

Are you asking if someone who sponsors you for your visa must also be Joint Sponsor for your adjustment of status? If so, the answer is 'no'. In fact, if your husband's financials are adequate come adjustment of status time a Joint Sponsor will not be allowed.

If I'm still misunderstanding your question, please re-phrase and try again.

Yodrak

Well sorry but that didn't answer my question.

I know that we need an I 864 for AOS and that's where we'll have the problem,because AOS will be in 2007 so we need 2006 Tax Returns and THAT is where we are short.

My friend(the one who wants to co sponsor) wanted to know whether they could be removed as co sponsors once my man makes enough money and can show a 2007 Tax Return that says so.

Anyone with helpful replies please!!!

Nat

[VetsWife328 7]

OK let me try to be a little clearer.(Sorry,didn't mean to confuse anybody)

My Fiance's Tax Return for 2003,2004,and 2005 all show an Income above the 125% level for a household of 3.BUT,he lost his job by the ned of April and so far doesn't have a new job since it's not as easy as he thought to get one in the area where he lives(he's ahelicopter mechanic and would like to stay in that field so he was looking for that only until a few weeks ago it finally dawned on him that he may HAVE to go with something else for now).

So we are about 9000$ short of the Income requirment of 20 750$ for this current year of 2006.

And even if he gets a job real soon it will not pay him as much as he made before,so we will be short I'd say about 2000 to 5000$ in meeting the 125% level FOR 2006.

Now when we put the paperwork (I 129) in by October and do the I 134 ,our friends have offered to co sponsor me and my son so that way we can FINALLY be together.

AOs will then be sometime between May and September of 2007.But for AOS we need the Tax Return for 2006 and like I said that's where we wont meet the 125% level,or 20 750$ for a household of 3.

My question now was/is whether our friends could be removed as co sponsors once the Tax Return of 2007 shows he (then) makes enough,above 20 750$.I understood that is NOT possible.

And then I would still like to know whether our friends would have to co sponsor BOTH me AAND my son or whether they could just sponsor one of us.And we don't need a co sponsor for either me or my son.

Clearer now? Dont know how to explain it any better,sorry....

Any advice or answers?

Nat

[VetsWife328 7]

.

OK I just read all the posts here again .And just saw this from Yodrak:

In fact, if your husband's financials are adequate come adjustment of status time a Joint Sponsor will not be allowed.

Now does that mean that if Jim is making enough money and we get over 20 750$ by the time we do

AOS,we DO NOT need a co sponsor REGARDLESS of what his Tax Return for 2006 says?

I'm sorry but this is just really confusing to me.

As I said it is only this current year of 2006 that will be a problem......

Answers please???

Nat

[aussiewench 9]

.

OK I just read all the posts here again .And just saw this from Yodrak:

In fact, if your husband's financials are adequate come adjustment of status time a Joint Sponsor will not be allowed.

Now does that mean that if Jim is making enough money and we get over 20 750$ by the time we do

AOS,we DO NOT need a co sponsor REGARDLESS of what his Tax Return for 2006 says?

I'm sorry but this is just really confusing to me.

As I said it is only this current year of 2006 that will be a problem......

Answers please???

Nat

This may answer your question Nat. Its from the new rules regardling the I-864

Q. My sponsor’s income has varied from year to year. What year is most significant in determining the sufficiency of my sponsor’s income?

A. The final rule clarifies that the sponsor’s income in the year in which the intending immigrant filed an application for an immigrant visa or adjustment of status, rather than the earnings last reported to IRS, generally bears the greatest evidentiary weight in determining whether the affidavit of support is sufficient. However, USCIS may request updated evidence and decide the case based on the updated information.

[Yodrak 7]

Nat,

In other words, it's what one is making 'now' that counts the most. Current income on an annualized basis, which often is not the same as what one may have made over the course of a year.

Still not clear if you're asking about sponsorship for the visa or sponsorship for adjustment of status, or both. Either way, you seem to be developing an understanding.

(How old is Jim? I expect that the armed forces could always use a good helicopter mechanic.)

Yodrak

.

OK I just read all the posts here again .And just saw this from Yodrak:

In fact, if your husband's financials are adequate come adjustment of status time a Joint Sponsor will not be allowed.

Now does that mean that if Jim is making enough money and we get over 20 750$ by the time we do

AOS,we DO NOT need a co sponsor REGARDLESS of what his Tax Return for 2006 says?

I'm sorry but this is just really confusing to me.

As I said it is only this current year of 2006 that will be a problem......

Answers please???

Nat

This may answer your question Nat. Its from the new rules regardling the I-864

Q. My sponsor's income has varied from year to year. What year is most significant in determining the sufficiency of my sponsor's income?

A. The final rule clarifies that the sponsor's income in the year in which the intending immigrant filed an application for an immigrant visa or adjustment of status, rather than the earnings last reported to IRS, generally bears the greatest evidentiary weight in determining whether the affidavit of support is sufficient. However, USCIS may request updated evidence and decide the case based on the updated information.

[VetsWife328 7]

Yodrak ,he's 35 and got out of the Military last August after serving for 10 years.That's how he became a Helicopter Mechanic.LOL

Other than that,

I'm all confused now.......

OK lets just put it this way-Jim's Income for 2006 is at about 12 000$ so far.Surley he will get a job soon now that he's finally realizing that he HAS to until he found what he LIKES to do.So lets just say he gets a job making 9$ an hour,40 hours a week by August 1st, that would put us up at a little over 18 000$ for 2006.Now we want to put the I 129 in by October (2006).Would we need a co sponsor for the K1 Visa? And would my son need a co sponsor AND I or (since Jim's Income is ok with the 125% for 2 but not for3)?

And question 3 is :

lets just say Jim gets a better paying job with 15$ an hour (fulltime 40 hours a week) by January 1st of 2007-we would be well above the 125% for a household of 3.Now AOS would be lets say July 2007,but the Tax Return (W2's ) from 2006 shows that he did not meet the 125% Income Requirement,would we need a co sponsor or not? (Guess not from what aussiewench said.....?)

Thanks for the patience,please help me understand this...

Nat

[Yodrak 7]

Nat,

You seem to be still missing the point about current income on an annualized basis. Doesn't make any difference what Jim's income to date is for 2006 - he doesn't have that job any more.

If he gets a full-time job at $9 per hour that's $18,700 per year - marginal at best, and the short employment history that includes a layoff in the private sector is a negative. At $15 per hour, $31,200 per year, the level of income is good, but there's still the question of sustainability.

If you need a sponsor for the visa the immigration aspect should not be a big deal for the sponsor. It's non-binding, and a short-term deal since you'll soon be applying for adjustment of status. A sponsor's bigger concern, and yours, will be whether or not you will actually need money from the sponsor.

When you apply to adjust status things get a bit more difficult, because the sponsor is entering into a contract to provide money should you require it. But the sponsor is not bound until you actually adjust. If Jim's financial situation is sufficient when you have your adjustment interview, the Joint Sponsor's affidavit will be returned to you and they are off the hook.

Yodrak

Yodrak ,he's 35 and got out of the Military last August after serving for 10 years.That's how he became a Helicopter Mechanic.LOL

Other than that,

I'm all confused now.......

OK lets just put it this way-Jim's Income for 2006 is at about 12 000$ so far.Surley he will get a job soon now that he's finally realizing that he HAS to until he found what he LIKES to do.So lets just say he gets a job making 9$ an hour,40 hours a week by August 1st, that would put us up at a little over 18 000$ for 2006.Now we want to put the I 129 in by October (2006).Would we need a co sponsor for the K1 Visa? And would my son need a co sponsor AND I or (since Jim's Income is ok with the 125% for 2 but not for3)?

And question 3 is :

lets just say Jim gets a better paying job with 15$ an hour (fulltime 40 hours a week) by January 1st of 2007-we would be well above the 125% for a household of 3.Now AOS would be lets say July 2007,but the Tax Return (W2's ) from 2006 shows that he did not meet the 125% Income Requirement,would we need a co sponsor or not? (Guess not from what aussiewench said.....?)

Thanks for the patience,please help me understand this...

Nat

Edited July 27, 2006 by Yodrak

[sjoefl01 1]

It's really sad to see a helicopter mechanic settle for $9 an hour. These folks are always looking for help if he is willing to relocate to Florida. They are a fairly new company that is growing rapidly.

http://www.crestview-aerospace.com/

[Stefanie 1]

Well, when we submitted my AOS paper, we had my father-in-law as my co-sponsor for the I-864 because my husband had only graduated High School a few years earlier and worked part-time jobs. By the time the AOS interview came around, my husband had joined the Army and therefore had a save job. We filled out the I-864 again with his information only and printed out his LES (leave and earnings statement). I took all that to the interview with me and asked the lady, if I could take our co-sponsor off and have my husband as the only sponsor. She said yes. I gave her the new I-864 and all supporting evidence. She in return gave me back my father-in-laws tax returns, I-864, paystubs etc. That was it!

You CAN change the I-864 sponsorship, before you have the interview or when you go to the interview!

Stefanie

Edited July 27, 2006 by Stefanie

[VetsWife328 7]

Thank you Steffi!!!!! You understood what I meant!

Ya Jim is a Helicopter Mechanic,BUT the problem is that he does not have an aa or A&P......(Arframe and Powerplant License).

And oh yes he has a BIG problem with getting a job that only pays him 9$ an hour since he's so used to making more.But unfortunatley the Company he was working for until May was short off work and since he was the last one hired he was the first ne to go.........

Life really sucks sometimes!

Now my good man doesn't only have the problem of me being so far away but also all the other stuff that losing the job caused.

So he basically fell into a deep black hole that he's just now starting to come out off again.

Now he's finally realizing that until he can get a new job working on his helicopters he will HAVE to settle for less.

Took him quite a bit to understand that as bullheaded as he is.

But hopefully things will get better soon.

At least I will be there for a 4 week visit,which will be a huge surprise for him since he has no clue I'm on the way......lol.

So that will lift his spirits and get him moving then.

Thanks for everyone patience on that co sponsor issue!!

And Yodrak-no I don't think we'll need the co sponsors money.

TY all

Nat