K-1 financial sponsorship

[mayadev2610 0]

Hello All,

I am planning on bringing my fiance to the US on the k-1 visa. But since I am still in school and don't have enough money in my account my parents are also going to be signing the financial sponsorship form. My question on this form is:

1. How long is the K-1 financial sponsorship form effective?

2. Is it effective even after our marriage?

I just want to clarify things before we sign papers and make it official.

Thank you for all of your help.

Maya

[YuAndDan 153]

I) It shows to the consulate that you will be filing a I-864 later in the states when adjusting status. Just shows that you are committed to not allowing the person you are bringing to USA to become a charge of the state.

2) I-134 covers time from entry to the USA until Approval of adjustment of status (Green-Card) ate which time the I-864 that you must provide goes into effect.

[Tim/Mav 305]

Hello All,

I am planning on bringing my fiance to the US on the k-1 visa. But since I am still in school and don't have enough money in my account my parents are also going to be signing the financial sponsorship form. My question on this form is:

1. How long is the K-1 financial sponsorship form effective?

2. Is it effective even after our marriage?

I just want to clarify things before we sign papers and make it official.

Thank you for all of your help.

Maya

I read this post differently than Dan. His answer and my answer will differ because I read it one way and he read it another. I think what your asking is on behalf of your parents obligating themselves to a long term commitment because you have no funds to support your feelings for your Fiancee at this time, but you wish to go ahead anyway but just want to know whats involved and the ratifications if something goes wrong during the 10 year process with a co-sponsor being responsible if you can't. (thus putting your parents in Jeapordy). I think that is what your question meant. Now Dan is MORE QUALIFIED to Reply. You want to be sure before you have your parents sign. I bet they have concern but want to see you happy.

[Tim/Mav 305]

Thats the problem with senior members. They "Assume" that Newbee's and others looking for advice understand all the technical attributes to the Immagration Process, when in fact sometimes their advice is garbage. And if it is good advice, make it so a person can understand what your saying and put youself in their shoes. They might have no Clue what your trying to say even though it is right. ... Look at your Reply dan to a Newbee. Would you understand that? Not Me. Would the Parents Understand that. SLOW DOWN PEOPLE. VJ is a help line. Not for Senior Members to think their A Make Believe Immagration Attourney.

[SophWeb 25]

I read this post differently than Dan. His answer and my answer will differ because I read it one way and he read it another. I think what your asking is on behalf of your parents obligating themselves to a long term commitment because you have no funds to support your feelings for your Fiancee at this time, but you wish to go ahead anyway but just want to know whats involved and the ratifications if something goes wrong during the 10 year process with a co-sponsor being responsible if you can't. (thus putting your parents in Jeapordy). I think that is what your question meant. Now Dan is MORE QUALIFIED to Reply. You want to be sure before you have your parents sign. I bet they have concern but want to see you happy.

Agree, I read it differently too.

The Sponsorship is enforceable until -

1. The immigrant becomes a US citizen.

2. The immigrant has earned 40 quarters (10 years) of work credits through Social Security.

3. The immigrant loses their permanent resident status and leaves the US.

4. Either the immigrant or the sponsor dies.

No, it does not cease once you are married. You will file another Affidavit of Support after you are married, as part of the Adjustment of Status process (which gives you your greencard).

I understand that your parents may be concerned with such a lengthy commitment, but so long as your fiance does not become a public charge (meaning, go on welfare, or receive any means-testing financial help), then your parents will be fine. If your fiance does become a public charge, then your parents (as the sponsors) are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue the sponsors in court to get the money owed.

[Tim/Mav 305]

Sophweb. Did you notice I never gave a reply. Dan is more qualified but, the senior members tend to get lazy and forget why there here. It's to help us that don't know as much as they do. If they get Lazy and just put up garbage that means nothing that we can't understand. Then resign. Dan. Go to the OP and give a better ANSWER Please

[SunDrop 59]

Dan is more qualified but, the senior members tend to get lazy and forget why there here. It's to help us that don't know as much as they do. If they get Lazy and just put up garbage that means nothing that we can't understand. Then resign. Dan. Go to the OP and give a better ANSWER Please

In fairness to Dan, his answer isn't garbage. Most 'senior' members wouldn't bother replying at all, tbh. He answered as accurately as he could with the information that was provided. This information was pretty vague considering the complexities and variations of the entire process. I don't see where in this thread he's presenting himself as any kind of immigration attorney. All of the 'senior members' with a few exceptions have built up their knowledge base by reading, experience and studying the process.

I'm going to attempt to re-phrase Dan's reply on his behalf.

Which sponsorship form you are referring to depends on your beneficiary's interviewing country and the stage of the process you are referring to. Some accept the I-134, others insist on the I-864. If you are able to use an I-134 for the K-1 visa application, you are only demonstrating that you have adequate resource, in your case through your parents. It is not legally binding; you're just showing that meeting sponsorship requirements once married is not going to be an issue.

Even if you don't have a penny of income, you will always be the primary sponsor and will need to complete either an I-134 or I-864 (which you use when applying to adjust status post-marriage). If you need a co-sponsor for the K-1 visa application but circumstances change and therefore you are able to be the sole sponsor when submitting the AOS package, then you are not required to use the co-sponsor again.

Some Embassies insist on seeing an I-864 at the time of interview. This is a legally binding document, and usually only used for the AOS process once you're married.

In short, if you're talking about the I-134 then no, there's no long term commitment involved, but if they decide after the fact to not co-sponsor, you might find yourself in an 'unadjustable' position because you don't earn enough to be the sole sponsor at AOS.

If you are referring to the I-864 form, which most people submit at the time of adjusting status, then it's as Sophweb said. It's binding until the beneficiary naturalizes, works 40 quarters, loses status and leaves the country or either the beneficiary or the sponsor dies. It is NOT absolved in the instance of divorce.

Again, most people will submit 2 sponsorship forms. The first is the I-134 used to obtain the K-1 visa itself and isn't legally binding per se. The other is the I-864 used at the AOS stage and is legally binding. A co-sponsor that signs an I-134 is not bound to also sign an I-864 if they change their mind, but could leave you in an unadjustable state by withdrawing their co-sponsorship.

[SophWeb 25]

Sophweb. Did you notice I never gave a reply. Dan is more qualified but, the senior members tend to get lazy and forget why there here. It's to help us that don't know as much as they do. If they get Lazy and just put up garbage that means nothing that we can't understand. Then resign. Dan. Go to the OP and give a better ANSWER Please

I meant absolutely no offence to Dan. I just inferred a different meaning from the OP's post - I thought he was asking one thing, and Dan thought another. That does not mean either reply was incorrect, or garbage.

To be fair, how is Dan supposed to know how far the OP's knowledge goes in terms of the Immigration process. He could have answered with a lengthy explanation, and the OP could have taken offense to this and felt that Dan was explaining things to the OP as if he/she were a child. It could go either way.

If the OP needed further explanation, then he/she would have asked and I'm sure Dan would have replied and explained further. That's the beauty of these forums - they act more like a conversation than stated facts.

[Tim/Mav 305]

I did not state: Dan's answer was garbage. He has commented before on my topics and they were appreciated. The Immagration process is Stressful, especially for us new members since our Fiance's or wife/husband is not with us. Imformation is valuble.

[pushbrk 12,979]

Hello All,

I am planning on bringing my fiance to the US on the k-1 visa. But since I am still in school and don't have enough money in my account my parents are also going to be signing the financial sponsorship form. My question on this form is:

1. How long is the K-1 financial sponsorship form effective?

2. Is it effective even after our marriage?

I just want to clarify things before we sign papers and make it official.

Thank you for all of your help.

Maya

There are two questions here plus a misunderstanding. Dan's answers to the questions were accurate but he didn't address the misunderstanding.

K1 is a visa, so the affidavit of support used to get it, is first, not legally binding and second, effective until adjustment of status (occurs after marriage) is complete.

Dan added that the legally binding and open ended I-864 used to adjust status was the more permanent and meaningful affidavit.

The misunderstanding is that the "parents" will not provide an affidavit. One parent can act as a cosponsor, so pick the one with the qualifying income.

If the OP currently understands too little about the process to be confused by Dan's answer, I suggest it's time to study the guides and learn the process. Nobody is here to spoon feed anybody.

The OP also needs to complete their profile. For example if the fiancee is from the Philippines, he needs to know that Manila often rejects the idea of a cosponsor for a K visa.

Edited February 27, 2011 by pushbrk

[dealradh 4]

My fiancée and I are in the same situation - she has been studying and doesn't quite make enough money to meet the poverty guidelines for the I-134, but her mum's indicated that she is happy to act as a co-sponsor and earns over $30,000. All the information we've seen indicates that this is not a problem for London and while they might ask us a few extra questions, it's unlikely to result in a refusal.

It is likely that by the time we get to the AOS stage, my partner will earn above the poverty guidelines and this won't be an issue anymore, but it's nice to have that parental safety net just in case. We're planning on living with her parents while we get settled, before finding our own place once funds allow (once I can work!).

And to be frank, I think that if it got to the point where things were so bad that I had to claim welfare before I became eligible, I'd probably come back over here!

Edited February 27, 2011 by dealradh