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Affidavit of Support Questions

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Filed: AOS (apr) Country: Canada

1. If we use a co-sponsor for the affidavit of support, will we be able to transfer the burden from the co-sponsor to the petitioner at a later date? If yes, what is the process for this?

2. What must be done if the petitioner loses his or her job prior to the beneficiary being granted a K1 visa and assets are not enough to cover the minimum poverty mark? Would the petitioner then need to go through a co-sponsor?

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When you do Adjustment of Status, whoever submits an I-864 cannot be changed. Your co-sponsor will be considered a sponsor until the immigrant dies, leaves the country, becomes a US citizen, or works for 40 quarters. Assuming your fiance is a regular trustworthy individual, the sponsorship is no burden at all :-)

The I-864 filed with adjustment of status need not be the same as that filed with the K1 visa application. So, for example, if you need a co-sponsor at the K1 stage but are then earning more by the time you do adjustment of status, you can just file the I-864 on your own.

If at the time of the K1 interview the petitioner cannot prove adequate support then indeed you will need a co-sponsor. Not sure exactly what the process is for Canada.

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