Is my co-sponsor able to co-sponsor?

[mspain 1]

My roommate offered to co-sponsor my fiance and it was very sweet of her.

Usually, I have everything very together, but I just moved back from overseas. I am currently seeking full time work, but have several part time jobs, which make me borderline for the I-134.

She gathered up all the necessary supporting documentation and turned them into me. I have to commend her on how well she did with getting that in to me. She threw her head back and laughed when she turned in the bank letter stating $11 as the current balance and $20 as the average yearly balance.

My roommate often jokes about how bad her credit score is or how many NSFs she´s gotten, etc. She is very young and has very different ideas about managing money and being responsible- she asked me why I hadn´t gotten on food stamps.

She makes over $20,000 a year, but I feel that, were I the consular officer, she would not be a good co-sponsor.

Also, I am not sure if she has been on food stamps or any gov. assistance. I think I read that it will make you inelegible. Is that true?

I have over $6000 on deposit in the bank and have about $10,000 in other assets. I also have a college degree and have a credit score in the high 700s. Although I am borderline on income for now, I feel that I would probably look alot better on paper to the consulate than my co-sponsor and that her I-134 may work against me. Would I do best to not submit her I-134?

Does anyone have any advice?

[pushbrk 12,093]

My roommate offered to co-sponsor my fiance and it was very sweet of her.

Usually, I have everything very together, but I just moved back from overseas. I am currently seeking full time work, but have several part time jobs, which make me borderline for the I-134.

She gathered up all the necessary supporting documentation and turned them into me. I have to commend her on how well she did with getting that in to me. She threw her head back and laughed when she turned in the bank letter stating $11 as the current balance and $20 as the average yearly balance.

My roommate often jokes about how bad her credit score is or how many NSFs she´s gotten, etc. She is very young and has very different ideas about managing money and being responsible- she asked me why I hadn´t gotten on food stamps.

She makes over $20,000 a year, but I feel that, were I the consular officer, she would not be a good co-sponsor.

Also, I am not sure if she has been on food stamps or any gov. assistance. I think I read that it will make you inelegible. Is that true?

I have over $6000 on deposit in the bank and have about $10,000 in other assets. I also have a college degree and have a credit score in the high 700s. Although I am borderline on income for now, I feel that I would probably look alot better on paper to the consulate than my co-sponsor and that her I-134 may work against me. Would I do best to not submit her I-134?

Does anyone have any advice?

The bank letter isn't needed. Nobody is going to see her NSF's, care about her credit score or know or care whether she's ever received any kind of government assistance. Based on what they ARE going to see, she qualifies and you don't so she will look better.

[Audy_Rob 26]

Yes, he is right. In this instance, your roommate will be better on paper (I-134) because she can sponsor your fiance and you cannot. They will not know anything about the NSFs, low credit scores nor possible government assistance such as housing assistance or food stamps.

You will need two complete and separate I-134s. You will have your listing a family size of 1 and no income. Your roommate's I-134 will list her plus your fiance because she will be sponsoring him.

Good luck

[payxibka 10,044]

Moving thread to:

US Embassy and Consulate Discussion

You are almost there and now you have to deal with the embassy. This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[mspain 1]

Yes, he is right. In this instance, your roommate will be better on paper (I-134) because she can sponsor your fiance and you cannot. They will not know anything about the NSFs, low credit scores nor possible government assistance such as housing assistance or food stamps.

You will need two complete and separate I-134s. You will have your listing a family size of 1 and no income. Your roommate's I-134 will list her plus your fiance because she will be sponsoring him.

Good luck

Why would I list my income as zero? I make very close to the amount required and with my assets I should be ok- but just in case, I have a co-sponsor.

[Audy_Rob 26]

Why would I list my income as zero? I make very close to the amount required and with my assets I should be ok- but just in case, I have a co-sponsor.

I am sorry, you are right, you list your income. I apologize. When I wrote my statement, I remembered you wrote you are looking for a full-time job so I was thinking you are unemployed. I just went back and re-read your post. Yes, you have income from the part-time jobs, that is OK to put on the I-134.

One more thing I do not think anyone has mentioned yet. In order for your roommate to be a joint sponsor she must be a US Citizen, US National or a LPR (Legal Permanent Resident). OK?

[mspain 1]

I am sorry, you are right, you list your income. I apologize. When I wrote my statement, I remembered you wrote you are looking for a full-time job so I was thinking you are unemployed. I just went back and re-read your post. Yes, you have income from the part-time jobs, that is OK to put on the I-134.

One more thing I do not think anyone has mentioned yet. In order for your roommate to be a joint sponsor she must be a US Citizen, US National or a LPR (Legal Permanent Resident). OK?

She is a USC. Neither of us have dependents. For household size, who puts what? Do I add two, since I am the fiancee and primary sponsor? Could I add my fiance under mine?

Also, what about the last line about making specific contributions such as room and board. My room mate checked no, I checked yes. I put on mine that I would be providing room and board and all living expenses up to three years or upon receipt of EAD and first pay check from job, from which point living expenses shall be shared jointly. Does that sound ok or is that insufficient? I´m getting alot of ####### from people about me being the woman and supporting a man, which I have to agree I don´t like the sound of too much, but I want this to be legit at the consulate.

We still haven´t gotten them notarized yet since we are waiting to hear. Thanks for the replies.

Edited April 30, 2010 by meghan.spain

[Audy_Rob 26]

She is a USC. Neither of us have dependents. For household size, who puts what? Do I add two, since I am the fiancee and primary sponsor? Could I add my fiance under mine?

Also, what about the last line about making specific contributions such as room and board. My room mate checked no, I checked yes. I put on mine that I would be providing room and board and all living expenses up to three years or upon receipt of EAD and first pay check from job, from which point living expenses shall be shared jointly. Does that sound ok or is that insufficient? I´m getting alot of ####### from people about me being the woman and supporting a man, which I have to agree I don´t like the sound of too much, but I want this to be legit at the consulate.

We still haven´t gotten them notarized yet since we are waiting to hear. Thanks for the replies.

Hi Meghan, Why are you worrying about what other people say about a woman supporting a man. Hey, I would love it if my fiancee worked here in the US and supported me.

1) I think you should not check the fiance. You cannot split him down the middle or divide among the forms. That means your roommate lists your fiance since she and your fiance make two people which is about $18,212 (I am guessing from memory). Your roommate can afford that. Your I-134 is you only since you are not making sufficient to cover two and you do not report a person twice nor divide the person in half among two sponsors.

2) For question 11, you need to answer the same. Do not use the "N/A K-1 visa, etc..." answer shown on the VJ example I-134 form. Both you and your roommate (joint sponsor) should check "I intend" Then write in on the line "to provide housing, food, and any necessary support for <name of beneficiary alien>.

Good luck

[pushbrk 12,093]

Hi Meghan, Why are you worrying about what other people say about a woman supporting a man. Hey, I would love it if my fiancee worked here in the US and supported me.

1) I think you should not check the fiance. You cannot split him down the middle or divide among the forms. That means your roommate lists your fiance since she and your fiance make two people which is about $18,212 (I am guessing from memory). Your roommate can afford that. Your I-134 is you only since you are not making sufficient to cover two and you do not report a person twice nor divide the person in half among two sponsors.

2) For question 11, you need to answer the same. Do not use the "N/A K-1 visa, etc..." answer shown on the VJ example I-134 form. Both you and your roommate (joint sponsor) should check "I intend" Then write in on the line "to provide housing, food, and any necessary support for <name of beneficiary alien>.

Good luck

The petitioner's household size is always a minimum of 2, whether they qualify or not. It doesn't matter though because you don't state household size on the I-134. It is calculated based on the answers to specific questions on the affidavit. In this case the Conoff will calculate both as two.

In 1. above you are thinking of the I-864 where you don't count anybody twice but the intending immigrant plus the petitioner is always counted on any affidavit of support, at minimum.

[mspain 1]

The petitioner's household size is always a minimum of 2, whether they qualify or not. It doesn't matter though because you don't state household size on the I-134. It is calculated based on the answers to specific questions on the affidavit. In this case the Conoff will calculate both as two.

In 1. above you are thinking of the I-864 where you don't count anybody twice but the intending immigrant plus the petitioner is always counted on any affidavit of support, at minimum.

Thanks for clearing that up. However, do we both need to state that we intend to furnish room and board? And is it three years or five? Can you just say, until necessary or until he finds a job?

[Audy_Rob 26]

Thanks for clearing that up. However, do we both need to state that we intend to furnish room and board? And is it three years or five? Can you just say, until necessary or until he finds a job?

It isn't 3 years nor 5 years. Technically it is until the alien beneficiary has contributed forty quarters of employment tax to the government or other situations. You should not enter any time frame here on the I-134. It should be handled as an indefinite time frame.

But the I-134 you submit at the Embassy for the interview stage will be replaced by an I-864 after you marry in the USA and file for AOS (Adjustment of Status). The I-864 actually has the rules attached to it. But sometimes it is still ambiguous. Sometimes people cite the I-864 as the I-134 regulstions unless they don't like what the I-864 says, then they say the I-864 does not apply to the I-134.

As far as the number, there isn't a number for the I-134 anywhere on the form as I pointed out to the other gentleman this week. SO you are not needing to worry about putting down any numbers, until the I-864 later in AOS. That is the problem, if the ConOff calculates 2 in his head for you, you don't meet but then he calculates 2 again for your joint sponsor and they meet. I don't think it is documented anywhere how to count family size for the I-134. The Con Officer might have it in the FAM.

[pushbrk 12,093]

It isn't 3 years nor 5 years. Technically it is until the alien beneficiary has contributed forty quarters of employment tax to the government or other situations. You should not enter any time frame here on the I-134. It should be handled as an indefinite time frame.

But the I-134 you submit at the Embassy for the interview stage will be replaced by an I-864 after you marry in the USA and file for AOS (Adjustment of Status). The I-864 actually has the rules attached to it. But sometimes it is still ambiguous. Sometimes people cite the I-864 as the I-134 regulstions unless they don't like what the I-864 says, then they say the I-864 does not apply to the I-134.

As far as the number, there isn't a number for the I-134 anywhere on the form as I pointed out to the other gentleman this week. SO you are not needing to worry about putting down any numbers, until the I-864 later in AOS. That is the problem, if the ConOff calculates 2 in his head for you, you don't meet but then he calculates 2 again for your joint sponsor and they meet. I don't think it is documented anywhere how to count family size for the I-134. The Con Officer might have it in the FAM.

For those who can't make sense of the last paragraph, you will definitely be putting some numbers on the I-134. What you will not do is enter a single number anywhere to represent your total household size.

For those who can't make any sense of the middle paragraph, perhaps a crystal ball or prayer will help as I can't make any sense of it either.

First paragraph both makes sense and is accurate.

[mspain 1]

For those who can't make sense of the last paragraph, you will definitely be putting some numbers on the I-134. What you will not do is enter a single number anywhere to represent your total household size.

For those who can't make any sense of the middle paragraph, perhaps a crystal ball or prayer will help as I can't make any sense of it either.

First paragraph both makes sense and is accurate.

Sounds like the people who write these things at the uscis need to get it together. There´s way too much confusion and misinformation going around.

One more (hopefully) myth I´d like to get to the bottom of for this useless POS paper....

I´ve heard/read that unlike the the I-864, the I-134 is not legally enforceable and that the requirements are only 100% of the poverty line for two people, then at AOS they go to 125% with I-864. I just went back and re-read the instructions for the I-134 and saw no guidelines stating it had to be 125% or 100%.

I also read that a notarized signature is not necessary.

I´m looking forward to some straight talk answers.

Edited May 1, 2010 by meghan.spain

[Audy_Rob 26]

Sounds like the people who write these things at the uscis need to get it together. There´s way too much confusion and misinformation going around.

One more (hopefully) myth I´d like to get to the bottom of for this useless POS paper....

I´ve heard/read that unlike the the I-864, the I-134 is not legally enforceable and that the requirements are only 100% of the poverty line for two people, then at AOS they go to 125% with I-864. I just went back and re-read the instructions for the I-134 and saw no guidelines stating it had to be 125% or 100%.

I also read that a notarized signature is not necessary.

I´m looking forward to some straight talk answers.

I think you just read a thread or posting from last weekend from DaveB bringing a fiancee from Bangladesh. He could not convince his parents or relatives to joint sponsor him on the I-134. He was asked by the CO at Dhaka to get a joint sponsor.

I believe it was Bobby of Bobby + Umit who tends to cite the AFM or FAM (Which is where the laws are, not the instructions on the forms) that stated first in the thread that the I-134 is not legally enforcable.

Next, Jim of JimVaPhoung added that the I-134 is not legally enforcable and that is why the I-864 was added for the AOS stage in 1996. (Well if it was added in 1996 to replace the I-134 because it is not enforcable, then why do we still use the I-134 for the Visa interview???)

Finally this same gentleman from above added that the I-134 is not legally enforcable so don't worry about it.

There was no court case or case law presented to make this a fact. I do not know that any of it is a fact. I repeated this to one member during the week but also added the statement that I had NO personal knowledge of this being a fact. I still take the I-134 seriously and will abide by my comittment.

If you want, I think I can find the link to that thread. I will try to come back and post it.

Good luck.

[Audy_Rob 26]

Sorry, I forgot to answer these other questions. It would not let me edit the previous post. For these you can go to the Forms I have listed and see the answers to your questions.

1) It is 125% except for active military or service people. You can see this by going to get the Poverty Guideline itself from the USCIS web site. www.uscis.gov, click on FORMs and then scroll down to the I-864P (Note the P). That is the poverty level.

2) About not needing a Notary. Get the Instructions for form I-134 from the same place as #1. Go to the first page of the instructions, at the bottom left hand column it says,

"(Note: Signing Form I-134 is under penalty of perjury of U.S. Law) For this reason it is not necessary to sign Form I-134 before a notary; ...

Edited May 1, 2010 by Audy_Rob