I-134 Affidavit of Support- Obligations of Co Signer??

[eagle+eyed 8]

My father had said before he'd co sign the I-134 Affidavit of Support. Tonight he brought it up to me and is having issues on signing it because he's wondering EXACTLY what it means to him and EXACTLY what are his obligations. I've been googling it and only coming up with terrible websites making the obligations sound like his signature would place money in the hands of my fiance. We'll be living alone (fiance, myself and my son) and I'm financially stable.

I don't feel like my words are coming out right!??

Okay, example of conversation with father:

He found a site that said divorce does not end the obligations to the immigrant. So then he (dad) turns to me and says if my marriage "god forbid" ends, will he be then solely responsible for the well-being and finances of my fiance??

It's an uncomfortable conversation with my dad and would really love to give him some kind of real life definition of what it means to be a co signer for the I-134!

Thanksss in advance

[Inky 1,110]

Its a government contract it has nothing to do with paying you or your fiance. It has to do with your dad paying back the government if your fiance was to use means tested benefits which he is not allowed to do.

If he is signing the I-134 he will likely be signing the I-864 as well for you when the AOS happens yes? That one binds him till your fiance becomes a USC or dies or finishes 40 work quarters.

[bigdog 376]

Basically if you wife gets on welfare / subsistence they will come after him. Do the son thing, be positive.

[eagle+eyed 8]

Basically if you wife gets on welfare / subsistence they will come after him. Do the son thing, be positive.

haha Thanks,

(I'm the daughter though and foreign fiance husband to be)

I guess this brings me more questions, currently I am living as a single mom and my son has daycare assistance through the state in which VERY minimal child support I am just starting to receive... Will this affect anything in the visa process? Once fiance is here we will be able to drop out of the assistance as daycare won't be needed and I won't be single anymore But for now, will there be issues arising from that?

[az110965 252]

You might have more luck trying to get him to feel better about the obgligations of the I-134 if you lay out to him what your plans are to be able to meet the minimum income requirements at tht time you AOS.

Signing the I-134 is a significant act. Your dad CAN be sued by the US Government if your fiance should happen to apply for and receive a means tested benefit (ie: welfare, food stamps, etc).

The LONG TERM obgligation happens if your father signs the I-864 for you to AOS. At that time, your dad is on the financial hook unless your fiance works 40 quarters (10 years), dies or becomes a US Citizen.

I would come up with a specific plan you can lay out to your dad as to what steps you'll take to be able to AOS without him being a co-sponsor for that aspect. He might feel a lot better abut signing the I-134 if he knows for sure he won't be co-sponsoring at the time you file for AOS...

[I+H 11]

The obligations are outlined in the I-864 on page 6 http://www.uscis.gov/files/form/i-864.pdf

Print this out and show it to him. It clearly states what his obligations are as a co-sponsor.

Best of luck!

[eagle+eyed 8]

The obligations are outlined in the I-864 on page 6 http://www.uscis.gov/files/form/i-864.pdf

Print this out and show it to him. It clearly states what his obligations are as a co-sponsor.

Best of luck!

The link goes to I-184, is that the one you use for AOS?

And in regards to AOS and having him sign again, which I hadn't even realized would be required, I'm wondering if that income limit is the same 125% above poverty line? And when I read some posters say ALWAYS have a co signer just incase someone at interview time says you don't make enough, then you have a plan B... I am curious if there's a straight answer for income or if it truly does vary on case by case basis, ex: new job, new hours, etc

[eagle+eyed 8]

You might have more luck trying to get him to feel better about the obgligations of the I-134 if you lay out to him what your plans are to be able to meet the minimum income requirements at tht time you AOS.

........

I would come up with a specific plan you can lay out to your dad as to what steps you'll take to be able to AOS without him being a co-sponsor for that aspect. He might feel a lot better abut signing the I-134 if he knows for sure he won't be co-sponsoring at the time you file for AOS...

I just have to figure out what those minimum income requirements are and I feel like I should be above it? Thanks for the advice here, I'm going to use it!

[eagle+eyed 8]

Okay, maybe I'm going to answer my own questions now...

Are these the figures I should be basing my salary meeting requirements for I-134 for the interview and I-184 for AOS?

( Found on website: http://www.usac.org/_res/documents/li/pdf/Income_Requirements.pdf )

Persons with 2 in household= $18,388

Or do I STARTING now include my fiance in the household count? (At the time of the interview are they looking at fiance already being in the picture so to speak, already in the household count?)

Persons with 3 in household= $23,163

(F.Y.I... These are for the 48 states' guidelines, not including Hawaii or Alaska)

[Inky 1,110]

you have a 3 person house hold you, the child and fiance. He IS included. If its your dad and mom its him, your dad and mom so theirs would be 3 house as well. etc.

[JimVaPhuong 4,863]

The I-134 isn't legally binding, in spite of what it says on the form. If your dad likes, I can show him the section of the Foreign Affairs Manual that makes this clear. The I-134 was struck down in court as unenforceable numerous times in the 1980's and 1990's. Congress amended the immigration laws in 1996, and one of the requirements was that INS (the predecessor to USCIS) come up with a legally enforceable affidavit of support. The I-864 is the result. Consulates still use the I-134 to screen for the "public charge" requirement for non-immigrant visas like the K1. They use the I-864 for immigrant visas. USCIS also uses the I-864 for adjustment of status.

If your dad signs an I-134 then he won't be legally obligated for anything whatsoever. If he signs an I-864 when your husband applies to adjust status then he WILL be legally obligated if your husband collects any means tested benefits from the government. However, you are the primary sponsor. The government will come after you first and only go after your dad if they can't squeeze the money out of you.

[JAPrincess 27]

If your dad signs an I-134 then he won't be legally obligated for anything whatsoever. If he signs an I-864 when your husband applies to adjust status then he WILL be legally obligated if your husband collects any means tested benefits from the government. However, you are the primary sponsor. The government will come after you first and only go after your dad if they can't squeeze the money out of you.

here is a great link outlining the responsibilities of a co-sponsor:

http://www.***removed***....bligations.html

Edited December 7, 2011 by Kathryn41

[Boiler 43,857]

Ditto that.

[JAPrincess 27]

Okay, maybe I'm going to answer my own questions now...

Are these the figures I should be basing my salary meeting requirements for I-134 for the interview and I-184 for AOS?

( Found on website: http://www.usac.org/_res/documents/li/pdf/Income_Requirements.pdf )

Persons with 2 in household= $18,388

Or do I STARTING now include my fiance in the household count? (At the time of the interview are they looking at fiance already being in the picture so to speak, already in the household count?)

Persons with 3 in household= $23,163

(F.Y.I... These are for the 48 states' guidelines, not including Hawaii or Alaska)

The income level is the same for both the I-134 and the I-864 and it changes each year: http://www.uscis.gov/files/form/i-864p.pdf

Your fiance', yourself, and all dependents must be included in the head count, if its your father co-sponsoring then him, your mom (I presume) and anyone else that is claimed on his taxes plus your fiance.

If your father filed married and joint, and the income is combined to qualify then your mom may have to fill out an I-864a as well...

see the form there:

http://www.uscis.gov/files/form/i-864a.pdf

Purpose of Form :

This contract is intended to benefit the sponsored immigrant(s) and any agency of the Federal Government, any agency of a State or local government, or any private entity to which the sponsor has an obligation under the affidavit of support to reimburse for benefits granted to the sponsored immigrant. This contract may be enforced in any court with appropriate jurisdiction. By signing this form, a household member who is not a sponsored immigrant, agrees to make his or her income and/or assets available to the sponsor to help support the immigrant for whom the sponsor has filed an affidavit of support.

[erikalovescrippy 1]

as far as means tested benefits..most of the state agencies (food stamps etc) wont give anything to a LPR unless they have been in the country for at least five years!!!..that's a way to explain it to your father..im explaining it that way to my father as way since he feels the same..good luck