I-134 when does sponsor's resp. end?

[Darnell 8,479]

Also, we've been throwing ideas around about the I864 sponsorship. The sponsor will have to have ~18k for a two person family. Would it be enough to open up a bank account in my name that has $18k in it in order to make me eligible as a sponsor?

NO - cash in the bank is an ASSET, and the 'amount' computed is 3 times the 'income differential' for the I-864, for a 'cash asset'.

Keep reading those instructions though - I think yer on the right track (but read my longish reply to you, as well, MAKE the calendar).

[arg2153 0]

hi darnell,

i'm slated to graduate may 2011 and we think we should be able to marry by november 2010. because we marry before i graduate i will not have accumulated any money. we want my mother to be a sponsor, but she has some hesitations in terms of her obligations etc., and that is why i asked if making a new account for the purposes of showing i "have" money would be enough. i guess the issues is that my mother doesn't mind signing, but IF my fiance happens to become a public charge, she does not want to be targeted financially. i know i have to sign an I-864 regardless of whether i have money, tax forms or not. so to clarify:

1) must i have a job-related income in order to be eligible as a sole sponsor?

2) if i have a bank account with enough money in it (let's say $25k) that could cover any public-charge expenses- would that alone make me eligible?

3) if none of those options work we were thinking that we could have my mother sign as a sponsor (to appease the legal req) then have a personal family-to-family agreement on the side stating that my fiance's parents would be financially responsible if he ever happened to become a public charge. in this case, when the govt comes after me, we would go to my fiance's parents who would provide me with whatever necessary, which would prevent my mother from getting involved. is this possible?

also, darnell,i don't know what you mean by

the 'amount' computed is 3 times the 'income differential' for the I-864, for a 'cash asset'.

can you clarify?

thank you

[arg2153 0]

Darnell, thanks so much I think I've figured it out and that's a great suggestion. Just for clarity, if we use the asset method:

1) is it a one-time check at the point of AOS filing, or do they continue checking it?

2) would the household income requirement for 2 people be $60k? and would that be all that i need to be the sole sponsor?

Thanks to anyone who can help!!

Edited May 4, 2010 by arg2153

[payxibka 10,048]

Darnell, thanks so much I think I've figured it out and that's a great suggestion. Just for clarity, if we use the asset method:

1) is it a one-time check at the point of AOS filing, or do they continue checking it?

2) would the household income requirement for 2 people be $60k? and would that be all that i need to be the sole sponsor?

Thanks to anyone who can help!!

1) one-time check... no further updates required

2) if the 125% of the poverty level for your household is say $25,000, then $75,000 in assets (required income amount *3) is required in lieu of income.

[Penguin_ie 6,000]

1: No. We sponsored on assets alone.

2: You will need more than that; a minimum of 3 times the 125% poverty level, though if you are using assets alone, they like a bit more than that. So Yes, around 60'000 or more would be good, in easily liquidated assets such as savings account. They don;t continue checking it, but if you open a new account and transfer all the money in there, they will be suspicious that this is soley for immigration (ie your fiance paid you for the green card, or a family member gave you the money and will expect it back as soon as the visa/ AOS is approved). This is supposed to be YOUR money, not borrowed, so they may ask for a paper trail.

3: That is a personal agreement, and not immigration related. I think it would be difficult to enforce as the fiance's parents live in another country, presumably.

[JMLay 0]

I just wanted to say thanks to everyone for the information in this thread! I have a lot of the same questions as arg2153 so this has been really helpful. I am also worried about not being able to meet the min. requirements for a sponsor right away (also recently graduated and have been volunteering for a year), but want to file for the k-1 as soon as possible when I return to the U.S. (currently living in Peru). I'm trying to talk with my mom about the possibility of being a co-sponsor but she also has some concerns about her responsibilities and liability. However, it seems like from this thread that they go after the primary sponsor first so she shouldn't have to worry. I would take care of any potential "public-charge" expenses, which I don't anticipate happening. Also, it was good to hear it's a one time deal with AOS and they don't continually check up. I was wondering that too in case after a year or two we decide to have a family and I want to quit work or work part-time.

Thanks everyone!

[twowls 217]

I just wanted to say thanks to everyone for the information in this thread! I have a lot of the same questions as arg2153 so this has been really helpful. I am also worried about not being able to meet the min. requirements for a sponsor right away (also recently graduated and have been volunteering for a year), but want to file for the k-1 as soon as possible when I return to the U.S. (currently living in Peru). I'm trying to talk with my mom about the possibility of being a co-sponsor but she also has some concerns about her responsibilities and liability. However, it seems like from this thread that they go after the primary sponsor first so she shouldn't have to worry. I would take care of any potential "public-charge" expenses, which I don't anticipate happening. Also, it was good to hear it's a one time deal with AOS and they don't continually check up. I was wondering that too in case after a year or two we decide to have a family and I want to quit work or work part-time.

Thanks everyone!

Good luck to you. When I started the K1 process, I had only just got a job after years of not-jobness, so I got a joint sponsor as a back up. They ended up not requiring my joint sponsor affidavit, but it was very good to have it.

I hate asking for favors and so it was difficult to request this from my relatives, but here's how I did it: I explained the nature of the I-134, which is that it is an indicator the consulate uses to gauge whether you will eventually be able to meet the terms of the actual binding affidavit of support, which comes later.

The I-134 itself is not a legally binding document, even though it looks scary. If they don't believe you, as my joint sponsor candidates didn't, you can move on to line of reasoning #2, which is that the thing is only even "alive" for a few months (until AOS and the signing of a replacement form)--a few months during which your beneficiary, as a not-yet-immigrant, isn't even eligible for any public assistance. Make sense? Only American citizens and permanent residents are allowed to obtain benefits, and benefits obtained are basically the only thing a sponsor would be responsible for.

So...potential joint sponsors should really not fret. And yes, even if it were binding, which it isn't, and even if benefits were obtained, which they can't be, before the mootness of the document kicks in, which is rather quickly, the primary sponsor would be the go-to guy if the government decided to make trouble (which is rare).

Hope that helps with how to think about the issue and how to talk about it with others.