LPR Co-Sponsor Complications with Green Card??

[SunShowers87 0]

First of all, I would prefer not to have my topics moved into any other folder, because as soon as that tends to happen, people stop responding. I seem to get the most responses when my topics are on the main page. Thank you:) At least wait to move them until the topic has been sufficiently answered.

My situation is this:

We have not yet sent in the petition, but I am getting all the information ahead of time for the Affidavit Support part. First, we were going to have his sister, who is a LPR, sign to a be the sponsor (since I didn't have a job, and thought we could only use income levels). However, she informed me that her Green Card was in her purse, which was stolen on the bus, about 5 months ago. This way, she can't sign to be a sponsor or a co-sponsor, because she doesn't even have photocopies. She applied for a new Green Card, but every time she's called to see how long it's going to take (again, its been about 5 months), they keep telling her that it's "processing."

I asked my parents, then, who make around $250,000 a year. However, my parents refused to help sponsor my fiance, because they don't want to be responsible for him for 2 years, and they want us to 'do this ourselves. So that option was out.

Then, I thought I could be the sponsor because I have nearly $49,000 in investment money. I have only had 'independent consultant,' (non-payroll), part time jobs with non-profits since I returned home from France in May....so I definitely have not made enough money to support him based on my income - and last year, I was teaching for less than $1000 a month in France...so I wasn't even being paid in the US, and it isn't enough to count anyway.

However, since I am relying solely on my assets, I learned that I would have to have at least 3 times the minimum poverty level for a household of 2 people....meaning $55,000. I am $6,000 short in my investment money!!!

I am in the process of getting hired for a job (fingers crossed) where I would more than likely be making enough money...I hope. I read on one thread here, that all I really would need is like 4 pay stubs, a contract from my employer, and statements from my financial adviser saying how much investments I have. (I don't know if I would still need the last 2 years tax returns or not...)

I also read, however, that they more so look at income from 2009. In this case, I would definitely not have enough. So, I read that I should be looking for a co-sponsor.

Back to square one....my fiance's sister's lost Green Card poses a problem. How is she supposed to sign the co-sponsor when she doesn't even have a photocopy of her Green Card, and has no idea when it could arrive? It takes between 3-12 months to arrive...meaning it could get here next summer.

Is there anything she could do in the meantime to show that she is a LPR??

We have no other options. My friends/family are all afraid to be signing a sponsor document like that because they don't want to be legally tied to him, and they've never had experience with immigration before so they're uncomfortable with the idea. His sister's friends are pretty much either not making enough, or already sponsoring someone from their families. So we really don't have any other option.

[JimVaPhuong 4,865]

This is not the main page. It's merely the first page. You are supposed to post your topic in the sub-forum that best fits what your question is related to. This sub-forum is for K1 petition topics. Topics related to the I-134 affidavit of support are supposed to go in the US Embassy and Consulate sub-forum. This sub-forum gets more topics and readers than the US Embassy sub-forum because this is where newcomers to the K1 process begin. I anticipate this thread will be moved, as well.

Anyway...

Ok, nobody is going to be responsible for ANY length of time based on an I-134. It's not a legally binding document, though you have to really jump through some hoops to prove that to somebody because the document itself claims to impose a legal obligation. Most people who read the contract portion of the I-134 tend to believe what it says.

If your parents signed an I-864, which comes later with the green card application, they would obligated for a minimum of THREE years - not TWO years. The obligation ends when the immigrant becomes a US citizen, or is credited with 40 quarters of work through Social Security (10 years), or loses their status and leaves the US, or either the immigrant or sponsor dies. The shortest route is if the immigrant remains married, and becomes a US citizen three years after becoming an LPR.

Consulates have discretion with an I-134. Most will want your most recent year's tax return or an IRS transcript of that return. Some consular officers will look only at the tax return, and pretty much ignore everything else you submit. There's a thread from a beneficiary from the Philippines here where this is exactly what happened. Most consulates, however, will consider your current income, as evidenced by your pay stubs and letter of employment, as well as your assets, providing you submit proof you own them and proof of their current value.

The only ways I'm aware of that someone can prove they are an LPR, and that a consulate will accept, is either a photocopy of the green card, or an I-551 stamp in a passport or on an I-94 arrival/departure form.