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Piefre

Co-Sponsor on Affidavit of Support

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Disaster strikes again. My fiance may be losing his job very soon and in this economy we cannot on bank on him finding new employment prior to my interview or medical date. For some backstory, he has been steadily employed and making above the 125% poverty mark for years. Presently his assets cannot cover us and we will likely need to involve a co-sponsor. There is at least one person who can act as co-sponsor in our case so I just have the following questions:

1) Is the co-sponsor held to the same requirements as the petitioner for the Affidavit of Support? For example, their income must be sufficient to support themselves and the foreign fiance 125% above the poverty level?

2) What happens, in the off chance, later on if the co-sponsor loses his or her job but the petitioner has employment? What happens if neither the petitioner nor the co-sponsor are employed?

3) What is the shortest amount of time I will have to wait in order to apply for and become a US citizen so I can release the petitioner and co-sponsor from this obligation? I hear five years and three years, so I'm not certain which one it is. If it helps, I am filing for a K1.

4) I understand the Canadian embassies are fine with co-sponsors so given my fiance's imminent financial difficulty, he has managed to procure prior to this a record of his steady income, and a letter from his employer confirming (ironically) his continued employment. Given the fact that he may not be working there much longer, I presume it would be logical not to present the letter but the tax transcripts he's acquired should be presented along with the co-sponsor's paperwork? I'm not sure how to handle this situation or how much the consulate wishes to see from the petitioner given that we need a co-sponsor now. I assume they at least want to see that he at least had a steady income.

So if anyone could help clear this up, I would appreciate it. I didn't anticipate this, of all things, to go wrong during this rather crucial time.

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3) What is the shortest amount of time I will have to wait in order to apply for and become a US citizen so I can release the petitioner and co-sponsor from this obligation? I hear five years and three years, so I'm not certain which one it is. If it helps, I am filing for a K1.

I'm pretty sure it's 5 years in your case.

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The sponsors (your fiance is the primary sponsor regardless of income) obligation does not change if they lose a job and/or have reduced income.

The joint sponsor's obligation is the same as the primary sponsor. They are second in line, so they would be pursued only if your future spouse cannot satisfy the obligation.

You can apply for citizenship no earlier than 90 days prior to the 3 year anniversary of becoming an LPR (Green Card holder). This assumes you are married to the same person at that time. If not, then it's 90 days prior to 5 years as a GC holder.

Current and continuing income is what is needed to demonstrate. Recent paystubs and an employer letter are typically used to prove the income claim. If the sponsor is self employed then the income amount considered is the amount shown on line 22 of their most recent form 1040 tax return.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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I'm pretty sure it's 5 years in your case.

Incorrect info - K1's marry a US citizen so they are eligible after 3 yrs of marriage and permanent residency to become a citizen.

Edited by Udella&Wiz

Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Incorrect info - K1's marry a US citizen so they are eligible after 3 yrs of marriage and permanent residency to become a citizen.

I was under the impression a K1 enters as CPR and has to file for ROC, that's 2 years and then 3 years as LPR to become USC, so that's why I thought it was 5 years total.

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