How long are the obligations for I-134?

[ilovebangladesh 1]

The US Embassy in Dhaka required us to get a cosponsor. We applied for K-1. I make above 125% of the poverty line, but my past 3 years taxes at the time of the interview (they required us to show them) did not show that I was making that much since I was a full time student. I'm having a difficult time to find a cosponsor because my family has no experience with immigration and are scared to sign anything. My question is, how long are the obligations for the I-134? Would my cosponsor's obligations end once I file the I-864 for AOS? I hope to carry the I-864 on my own. So theoretically, they would only have an obligation to us for 90 days?

Thanks for the help!

[Bobby+Umit 161]

I-134 is not "legally binding" - only the 864 is, so it should not be an issue.

However - if you make above the 125% level now, did they look at your current income - did you show evidence of that?

[ilovebangladesh 1]

I-134 is not "legally binding" - only the 864 is, so it should not be an issue.

However - if you make above the 125% level now, did they look at your current income - did you show evidence of that?

Yes. I showed absolutely everything. I had been working for about 1.5 years at the time of the interview, but my 2008 taxes only showed 1/2 year of full time employment- so the AGI (which they looked at) was lower than what my current status was at the time. I showed a letter from my employer and all of my pay stubs. They barely looked at anything I gave them. They relied on the previous year's taxes and gave very little regard to my current situation. (I was present in the interview.) They told us to submit an I-134 from a co-sponsor along with 2009 tax transcripts.

[JimVaPhuong 4,863]

Yes. I showed absolutely everything. I had been working for about 1.5 years at the time of the interview, but my 2008 taxes only showed 1/2 year of full time employment- so the AGI (which they looked at) was lower than what my current status was at the time. I showed a letter from my employer and all of my pay stubs. They barely looked at anything I gave them. They relied on the previous year's taxes and gave very little regard to my current situation. (I was present in the interview.) They told us to submit an I-134 from a co-sponsor along with 2009 tax transcripts.

Unfortunately, with the I-134 and a K visa, the consulate makes their own rules.

As Bobby said, the I-134 is not legally binding. The US government has never had much success in enforcing it in court, which is why they replaced it with the I-864 in 1996. Consulates still use the I-134 for some types of non-immigrant visas, including K1 visas. It is little more than a cover letter for your financial evidence.

Tell your potential co-sponsor that the I-134 is going to be replaced by the I-864 when you submit the green card application. Before that time, there is virtually zero chance the US government is going to come after them because the I-134 is not enforceable, and also because a person in the US with a non-immigrant visa is not eligible to collect any means tested benefits. If they still aren't certain, then have them go with you to consult with an immigration attorney about it.

[ilovebangladesh 1]

Thanks for the advice!

[pushbrk 12,979]

The US Embassy in Dhaka required us to get a cosponsor. We applied for K-1. I make above 125% of the poverty line, but my past 3 years taxes at the time of the interview (they required us to show them) did not show that I was making that much since I was a full time student. I'm having a difficult time to find a cosponsor because my family has no experience with immigration and are scared to sign anything. My question is, how long are the obligations for the I-134? Would my cosponsor's obligations end once I file the I-864 for AOS? I hope to carry the I-864 on my own. So theoretically, they would only have an obligation to us for 90 days?

Thanks for the help!

The I-134 is not binding so no legal obligation at all. If your current income is sufficient, why not just document it with pay stubs and an employment letter and forget about a cosponsor?

[mspain 1]

This is good to know. Thanks everyone!

[Darnell 8,478]

The I-134 is not binding so no legal obligation at all. If your current income is sufficient, why not just document it with pay stubs and an employment letter and forget about a cosponsor?

He did that already, push, and the CO wanted a co-sponser.

[R.&S. 2]

She is also filling I-134 for me and her income for 2009 is above 125%. She is making enough for this year too but in 2008 tax return she does not qualify 125% as she was not working.

What was your situation about 2008 and 2009.. I am going to interviewed at New Delhi soon.

Your experience can be helpful to us.

Thanks