Is it an impasse?

[LookyWhatIFound 38]

Not really the point, but this is what you wrote.

If she is willing to stay in Russia for a couple years, you could make her a business partner which would be her source of income.

This would not help because the income would not continue once they arrived in the USA. Only continuing income is considered.

If you two were to marry there you could file the 1-130 directly with the embassy, that is if they have the DCF option and you could meet the criteria to file for it.

Filing DCF doesn't change the financial qualifications or income issues.

If your business could be done in another country such as in an EU country, like Cyprus, marriage and possibly DCF there have less requirements such as no residency requirement to get married.

Same as above. Doesn't address the primary issue which is financial qualification.

There are people here who clearly understand the process and requirements and actually CAN be helpful. I suggest you read and learn. Eventually, you'll be one of those people who can help. Until then, I encourage you to be sure you understand the actual issue and have confidence you're giving accurate, on point and helpful advice when you participate in the upper visa forums or just wait until those who do have a chance to respond. People's lives and happiness depend on it.

I didn't have to address finances as they were already addressed the petitioner has no money and can't get a co-sponsor. He mentioned how the petitioner does not want to live in Russia.

Oh so I put a bunch of IFs in, what do you expect he's the one who knows his situation not me. You can do all those things, I'm not about to go do all the research about his embassy and all.

What I wanted to do was make him aware of some things he may not have known about so if anything interested him he could look into it.

Since you clearly know the process what useful info did you give him??? Other than you have to depend on your fiance getting in a good job in a year?

Give it a break dude.

Edited May 15, 2011 by LookyWhatIFound

[Gosia & Tito 199]

Again... tossing around thoughts like a co-sponsor is a piece of cake. The liability for a co-sponsor could be millions of dollars. In a nutshell, I would not co-sponsor for my own child's fiance. It's one thing for an immigrant to become a public charge an absolutely destroy the life of the petitioner forever due to say a medical injury, etc that could cost hundreds of thousands of dollars. It is another thing to destroy the life of a co-sponsor that has absolutely no ties to the relationship. I.e. just find a friend to co-sponsor. Really??? Like I said, I wouldn't even think about co-sponsoring even a family member of mine... child, brother, sister, etc. This idea of cosponsoring can absolutely wipe out innocent sponsors and destroy relationships forever. I can't believe people don't understand the full extent of this idea of co-sponsoring. The govt simply should not even allow it.

It's bad enough if the couple gets divorced and the petitioner is on the hook for 40 quarters of work (10+ years). Imagine being the mother or father of the petitioner who sponsored the beneficiary and then there is a divorce. The financial future of that sponsor is now destroyed because their son or daughter's ex has racked up millions of dollars of medical bills. Ouch!!!

And people say, "Just find a friend?"

Agree with your concerns and I was well aware of what co-sponsoring meant. I would do it again. And yes, many might not really understand what is at stake. Is it up to the person asking for it to be honest and explain what is on the line, as well, it is responsibility of the co-sponsor to understand what he/she is agreeing to ad signing, as with any other document, if one does not understand, one should not sign.

Edited May 15, 2011 by Gosia & Tito

[Gosia & Tito 199]

Again... tossing around thoughts like a co-sponsor is a piece of cake. The liability for a co-sponsor could be millions of dollars. In a nutshell, I would not co-sponsor for my own child's fiance. It's one thing for an immigrant to become a public charge an absolutely destroy the life of the petitioner forever due to say a medical injury, etc that could cost hundreds of thousands of dollars. It is another thing to destroy the life of a co-sponsor that has absolutely no ties to the relationship. I.e. just find a friend to co-sponsor. Really??? Like I said, I wouldn't even think about co-sponsoring even a family member of mine... child, brother, sister, etc. This idea of cosponsoring can absolutely wipe out innocent sponsors and destroy relationships forever. I can't believe people don't understand the full extent of this idea of co-sponsoring. The govt simply should not even allow it.

It's bad enough if the couple gets divorced and the petitioner is on the hook for 40 quarters of work (10+ years). Imagine being the mother or father of the petitioner who sponsored the beneficiary and then there is a divorce. The financial future of that sponsor is now destroyed because their son or daughter's ex has racked up millions of dollars of medical bills. Ouch!!!

And people say, "Just find a friend?"

And the risk is not as high as it would seem at first glance. Once the couple has enough income to qualify on their own, you are released of the obligation.

[pushbrk 12,144]

Again... tossing around thoughts like a co-sponsor is a piece of cake. The liability for a co-sponsor could be millions of dollars. In a nutshell, I would not co-sponsor for my own child's fiance. It's one thing for an immigrant to become a public charge an absolutely destroy the life of the petitioner forever due to say a medical injury, etc that could cost hundreds of thousands of dollars. It is another thing to destroy the life of a co-sponsor that has absolutely no ties to the relationship. I.e. just find a friend to co-sponsor. Really??? Like I said, I wouldn't even think about co-sponsoring even a family member of mine... child, brother, sister, etc. This idea of cosponsoring can absolutely wipe out innocent sponsors and destroy relationships forever. I can't believe people don't understand the full extent of this idea of co-sponsoring. The govt simply should not even allow it.

It's bad enough if the couple gets divorced and the petitioner is on the hook for 40 quarters of work (10+ years). Imagine being the mother or father of the petitioner who sponsored the beneficiary and then there is a divorce. The financial future of that sponsor is now destroyed because their son or daughter's ex has racked up millions of dollars of medical bills. Ouch!!!

And people say, "Just find a friend?"

The actual worst case for a joint sponsor is for life. Example: The immigrant arrives with no skills or motivation, followed by the petitioner dying. The immigrant never goes to work, never leaves the USA and never gets a job. The joint sponsor is on the hook until either the sponsor or immigrant dies. During that time, anything could happen. It takes a special relationship and high level of confidence in the petitioner, the immigrant and the relationship before anybody is wise to act as a joint sponsor.

There are practical aspects to getting married in any circumstance. Those are complicated when immigration is added to the mix. When the foreigner is the one with the means, the spouse route is more practical. In this case, looks like waiting for a job for the petitioner is the practical answer.

[Ready to do it 101]

I didn't know that. That seems very odd that the US govt would let off a cosponsor regardless of how much the couple makes in future years. Where did you read that?

And the risk is not as high as it would seem at first glance. Once the couple has enough income to qualify on their own, you are released of the obligation.

[RDV 0]

The liability for a co-sponsor could be millions of dollars. In a nutshell, I would not co-sponsor for my own child's fiance. It's one thing for an immigrant to become a public charge an absolutely destroy the life of the petitioner forever due to say a medical injury, etc that could cost hundreds of thousands of dollars. It is another thing to destroy the life of a co-sponsor that has absolutely no ties to the relationship. I.e. just find a friend to co-sponsor. Really??? Like I said, I wouldn't even think about co-sponsoring even a family member of mine... child, brother, sister, etc. This idea of cosponsoring can absolutely wipe out innocent sponsors and destroy relationships forever. I can't believe people don't understand the full extent of this idea of co-sponsoring. The govt simply should not even allow it.

That is why her parents don't want to be sponsors, they understand all responsibilities!

I see there is only one hope that she does not have to work for years to be able to start the K1 visa process.

I will be happy if it is enough to work about a year

And I would go to live in other countries with her, I even asked her to move to Russia and Canada, but she is not willing to leave the US at all.

And she really stressed and scareod about all responsibilities what will be on her shoulders.

Please tell me, is it realy so responsible to have an immigrant fiance\husband?

And I wish I could take all the responsibilities, I don't want to depend on her.

Ugh just she is a young girl who grown in plenty, it is not difficult to understand her worries.

And I am sure if I would send money to her she would not leave me with my money.

I trust her 100%, but I see that she is very very tired to wait for years and me too, and I worry what if I waste my life time, I really love her and it hurts when she goes to clubs etc because she is atractive and than longer I am away than more chances that she will find another guy.

I asked her to marry me about 3 years ago, she said we can do that only when she is done with her education and that is right!

I hope we can start the process in 2 years, one year to be done with her education and 6 months for work and then about 6 months for the K1 process.

[Ready to do it 101]

If she still loves you, there should be no fear with the responsibility in my eyes. We all take risks to marry the one we love, knowing 50% of people get divorced. I was just throwing out that it is not fair to outside parties to be on the hook for sponsoring. As others have pointed out, it's based on her current income and it doesn't sound like there is any duration really needed... so all she needs is a job and then a few months of paycheck and you guys would be just dandy. If you have valuable skills and/or can easily attain work or run your own business she really doesn't have much to worry about in the long haul.

That is why her parents don't want to be sponsors, they understand all responsibilities!

I see there is only one hope that she does not have to work for years to be able to start the K1 visa process.

I will be happy if it is enough to work about a year

And I would go to live in other countries with her, I even asked her to move to Russia and Canada, but she is not willing to leave the US at all.

And she really stressed and scareod about all responsibilities what will be on her shoulders.

Please tell me, is it realy so responsible to have an immigrant fiance\husband?

And I wish I could take all the responsibilities, I don't want to depend on her.

Ugh just she is a young girl who grown in plenty, it is not difficult to understand her worries.

And I am sure if I would send money to her she would not leave me with my money.

I trust her 100%, but I see that she is very very tired to wait for years and me too, and I worry what if I waste my life time, I really love her and it hurts when she goes to clubs etc because she is atractive and than longer I am away than more chances that she will find another guy.

I asked her to marry me about 3 years ago, she said we can do that only when she is done with her education and that is right!

I hope we can start the process in 2 years, one year to be done with her education and 6 months for work and then about 6 months for the K1 process.

[pushbrk 12,144]

And the risk is not as high as it would seem at first glance. Once the couple has enough income to qualify on their own, you are released of the obligation.

This is absolutely wrong. Read the document again. Nothing the sponsor does can release the joint sponsor of their obligation.

[LookyWhatIFound 38]

I asked her to marry me about 3 years ago, she said we can do that only when she is done with her education and that is right!

I hope we can start the process in 2 years, one year to be done with her education and 6 months for work and then about 6 months for the K1 process.

Wish you best of luck there. Actually I've been in a similar frustration such as yours (not quite the same situation) so I feel your pain. I had my first K-1 approved in 2000 but that woman freaked out from the long distance and waiting, and married some local guy.

Edited May 15, 2011 by LookyWhatIFound

[RDV 0]

Wish you best of luck there. Actually I've been in a similar frustration such as yours (not quite the same situation) so I feel your pain. I had my first K-1 approved in 2000 but that woman freaked out from the long distance and waiting, and married some local guy.

Thank you,

If people would see each other more often it would not be so difficult to be faraway, just time and a distance can kill feelings.

But I decided that I will do all to be with her and in any case I will be able to say I DID\MADE ALL!

[LookyWhatIFound 38]

Thank you,

If people would see each other more often it would not be so difficult to be faraway, just time and a distance can kill feelings.

But I decided that I will do all to be with her and in any case I will be able to say I DID\MADE ALL!

Exactly, distance and/or time can kill. But for me, I was saved from a crazy woman, so I still believe that in the long run whatever happens, happens for the best. Just keep up your good attitude and it'll all turn out best for you!

[Gosia & Tito 199]

I didn't know that. That seems very odd that the US govt would let off a cosponsor regardless of how much the couple makes in future years. Where did you read that?

Didn't read it, it is what happened in my case. As I had related in a prior post, I co-sponsored a friend of mine (well, she was a very good friend and had known her for several years). About couple of years later, my friend told me she had notified INS (at the time) that they now made the minimum level of $ and that she wanted to release me. So they did and then she gave me the letter from INS relieving me from the co-sponsoring. This was several years ago, maybe things have changed now though.

[Gosia & Tito 199]

This is absolutely wrong. Read the document again. Nothing the sponsor does can release the joint sponsor of their obligation.

Well, as I posted, I got a letter from INS relieving me of the co-sponsorship. Several years ago though and as I noted in the post I mentioned; maybe things have changed now.

On the other side, I'm always on for karma points....even when it might seem foolish to some.

[pushbrk 12,144]

Well, as I posted, I got a letter from INS relieving me of the co-sponsorship. Several years ago though and as I noted in the post I mentioned; maybe things have changed now.

On the other side, I'm always on for karma points....even when it might seem foolish to some.

You wrote, "And the risk is not as high as it would seem at first glance. Once the couple has enough income to qualify on their own, you are released of the obligation." That's a false statement.

Certainly a joint sponsor is eventually relieved of their obligation but it is not simply by an increase in income by the petitioner. Five years of both petitioner and beneficiary working would do it, as would several other factors spelled out in the contract itself. It's also true that NONE of those factors may EVER come into play, leaving the joint sponsor obligated for the remainder of their life.

Edited May 16, 2011 by pushbrk

[JimVaPhuong 4,863]

Again... tossing around thoughts like a co-sponsor is a piece of cake. The liability for a co-sponsor could be millions of dollars. In a nutshell, I would not co-sponsor for my own child's fiance. It's one thing for an immigrant to become a public charge an absolutely destroy the life of the petitioner forever due to say a medical injury, etc that could cost hundreds of thousands of dollars. It is another thing to destroy the life of a co-sponsor that has absolutely no ties to the relationship. I.e. just find a friend to co-sponsor. Really??? Like I said, I wouldn't even think about co-sponsoring even a family member of mine... child, brother, sister, etc. This idea of cosponsoring can absolutely wipe out innocent sponsors and destroy relationships forever. I can't believe people don't understand the full extent of this idea of co-sponsoring. The govt simply should not even allow it.

It's bad enough if the couple gets divorced and the petitioner is on the hook for 40 quarters of work (10+ years). Imagine being the mother or father of the petitioner who sponsored the beneficiary and then there is a divorce. The financial future of that sponsor is now destroyed because their son or daughter's ex has racked up millions of dollars of medical bills. Ouch!!!

And people say, "Just find a friend?"

If the joint sponsor takes their obligation seriously, as they should, then the likelihood of them ever being on the hook for millions of dollars is remote. The immigrant isn't going to be eligible for most means tested benefits for the first five years. After that, the joint sponsor should be proactive in helping to ensure that the immigrant is supported at the minimum level required by the affidavit, that they have adequate medical insurance, and that they are making progress toward becoming self-sufficient and either becoming a US citizen or accumulating those 40 quarters of work credits. If the joint sponsor has any doubts about the intending immigrants desire to become a contributing and self-sufficient member of American society then they shouldn't sign the affidavit.

If the joint sponsor just forgets about their obligations then it could certainly come back to bite them in the backside if the immigrant falls onto hard times, and ends up on Medicaid with a severe health problem.

Didn't read it, it is what happened in my case. As I had related in a prior post, I co-sponsored a friend of mine (well, she was a very good friend and had known her for several years). About couple of years later, my friend told me she had notified INS (at the time) that they now made the minimum level of $ and that she wanted to release me. So they did and then she gave me the letter from INS relieving me from the co-sponsoring. This was several years ago, maybe things have changed now though.

How many years ago? Was it before 1996?

There are no provisions in the INA, 8 CFR, or USCIS policies that would make this possible. INA 213A says the contractual obligation of the sponsor ends when the alien becomes a US citizen, or can be credited with 40 quarters of qualifying employment through SSA. 8 CFR 213a.2 adds that the contractual obligations also terminate if the immigrant loses their permanent resident status and leaves the US, obtains a new adjustment of status in removal proceedings, or dies. 8 CFR 213a.2 also adds that the sponsor's obligation ends if the sponsor dies. All of these circumstances (except the part about a new adjustment of status in removal proceedings) are described in the contract portion of the I-864.

Both the INA and 8 CFR also make it clear that the contract becomes binding when the immigration benefit is granted, which means when the alien becomes a permanent resident. For a K1 this would be when the Adjustment of Status is approved. For a CR1 it would be when the immigrant visa is used to enter the US.

If what you described actually happened then I suspect there are mitigating factors that aren't obvious from your post. Perhaps the affidavit was submitted before 1996, when these provisions were added to the law. Perhaps the sponsored immigrant became a US citizen (they are eligible in three years if they remain married to a US citizen). I don't see any provision that would allow USCIS to relieve the joint sponsor of their obligation simply because the primary sponsor's income had become high enough to qualify as a sole sponsor.