Adjustment of Status $$ ??

[sukrd 0]

The search feature is not working so I thought I would ask. I read a thread which was sort of similiar to my situation. I am currently working on putting together my package. I work in the construction field. A lot of non-union construction jobs are cash jobs. So on paper it looks like I am broke. I make above the required amount of $$, but not on paper. My best friend for twenty years said he would co- sponsor my fiance. His wife is totally against it. He has been asking me all kinds of ??s about what is his legal responsibilty if things don't work out. He wants me to give him a $$ amount per month if she decides to leave. I told him I'm not really sure. I don't think these are his ??s I think these are his wife's. It is understandable of her to be concerned.

Anyway, I read a thread where a member told someone that when you file for the adjustment of status is when the affidavit of support becomes LEGALLY BINDING. For the interview phase it is not. Anyone have an educated answer as to which is true.

I have just started a new business. I have a consulting contract I am working on now. It is for 50 K .

However it is not payable till the project is completed. Which will be in about 6 months. I am hoping that when the time came to refile financial support documents ( adjustment of status) I will not need my friend. I am hoping they will take into account the recent money made. What do you all think? I would still like to use my friend to get her here, but , I and he would like it better if I did not have to for adjustment of status, if that is when it becomes truely legally binding.

Any educated comments would be GREATLY appreciated! thanx KINO

Another quick one while I'm here.

Anyone used a co-sponsor to get a fiance here, then stood on there own for the adjustment of status?

[Mew 0]

Anyway, I read a thread where a member told someone that when you file for the adjustment of status is when the affidavit of support becomes LEGALLY BINDING. For the interview phase it is not. Anyone have an educated answer as to which is true.

See 9 FAM 40.41 N4.6-3, for info on I-134 and its being not legally binding.

Edited September 29, 2006 by Mew

[sukrd 0]

Sorry everyone I posted this ?? in wrong forum!!

Thanks mew. I just read you approved! congrats! Mew a quick ? if you read this. My fiance lives near Brasilia. On the consulate website it stated that ALL interviews are conducted in RIO. Is TRue?

Also I'm not too sure what your reference refers to?

[Mew 0]

About I-864:

. What is Form I-864? Is It a Legally Binding Contract?

In addition to the fact that the Affidavit is a six-page form with four pages of instructions, Form I-864 is a legally enforceable agreement wherein the sponsor commits to providing support to the foreign national. Hence, an appropriately executed Affidavit creates a legally binding contract between the sponsor, the foreign national and the federal, state and local governments whose resources may be recouped should the foreign national receive any assistance from governmental agencies. This contract is enforceable for a substantial time period and does not end by the termination of the family relationship. In fact, validity of the Affidavit extends beyond the life of sponsor, and liability for the Form I-864 only ends if the foreign national becomes a citizen or if he either works or may be credited with 40 qualifying quarters of coverage as defined by the Social Security Act.

http://www.usvisa.com/affidavit_of_support.shtml

Also, see: http://www.americanlaw.com/affidavitrule5.html

Sorry everyone I posted this ?? in wrong forum!!

Thanks mew. I just read you approved! congrats! Mew a quick ? if you read this. My fiance lives near Brasilia. On the consulate website it stated that ALL interviews are conducted in RIO. Is TRue?

Also I'm not too sure what your reference refers to?

Thank you! I've just gotten approved!

Yes, all K-1 interviews are held in Rio.

Google the FAM thing and you'll get a link to the Foreing Affairs Manual, where it'll explain about I-134 in detail.

[itsonlymoney 0]

The search feature is not working so I thought I would ask. I read a thread which was sort of similiar to my situation. I am currently working on putting together my package. I work in the construction field. A lot of non-union construction jobs are cash jobs. So on paper it looks like I am broke. I make above the required amount of $$, but not on paper. My best friend for twenty years said he would co- sponsor my fiance. His wife is totally against it. He has been asking me all kinds of ??s about what is his legal responsibilty if things don't work out. He wants me to give him a $$ amount per month if she decides to leave. I told him I'm not really sure. I don't think these are his ??s I think these are his wife's. It is understandable of her to be concerned.

Anyway, I read a thread where a member told someone that when you file for the adjustment of status is when the affidavit of support becomes LEGALLY BINDING. For the interview phase it is not. Anyone have an educated answer as to which is true.

I have just started a new business. I have a consulting contract I am working on now. It is for 50 K .

However it is not payable till the project is completed. Which will be in about 6 months. I am hoping that when the time came to refile financial support documents ( adjustment of status) I will not need my friend. I am hoping they will take into account the recent money made. What do you all think? I would still like to use my friend to get her here, but , I and he would like it better if I did not have to for adjustment of status, if that is when it becomes truely legally binding.

Any educated comments would be GREATLY appreciated! thanx KINO

Another quick one while I'm here.

Anyone used a co-sponsor to get a fiance here, then stood on there own for the adjustment of status?

GO TO http://www.apexvisa.us/

LOOK ON THE RIGHT HAND SIDE AND CLICK ON TOPIC

( AFFIDAVITS OF SUPPORT ) AND ( POVERTY GUIDELINES )

[Mew 0]

Also, kino, :

See this link for lots and lots of info:

http://www.visajourney.com/consulates/inde...0De%20Janereiro

You'll also find the link to the U.S. consulate in Rio there.

Also, for interview reviews: http://www.visajourney.com/reviews/index.php = and then search for those held in Brazil

[sukrd 0]

Mew, I have read this before. I did read, like I stated, that another member said that it can change when you file for adjustment of status.

The most recent contract is usually the enforcable one. When a new contract is signed it usually voids the former agreement. I am hoping that at that phase, if i can get financially approved on my own, it would releave my friend of responsibilities.

I'll try and repost my ? in AOS forum.

[Mew 0]

The way I see it - and hopefully someone more educated on these things will come and help you-, I-134 is the affidavit of support you'll use for the interview stage and it's not legally binding as FAM says. When you file for adjustment of status, then you have to use I-864 - that *is* legally binding. What I mean is, if you file I-864 and *you* will be sponsoring your (then) wife, then your friend will have no legal responsibilities (and he will never have had any, by the way, as I-134 is not legally binding).

Edited September 29, 2006 by Mew

[sukrd 0]

tHANK YOU VERY MUCH! I think that is good news that the 134 is not legally binding. I think my friend will like this info. I am hoping that when it comes to AOS they will judge me on my recent income. I just read a thread in the AOS forum where someone was denied because their past 3 years were not above poverty line, they were a student, However he/she does make over the amount now. Sometimes with these gov't decisions it depends on how the stars are aligned on what kind of decision you get. When the time comes for AOS I will apply on my own. If I get denied then I'll ask my friend to help. I'll probably offer some kind of monetary insurance to him. 20 K in a joint bank account or something. Again thanks for the info!

[sukrd 0]

Thanks "itsonlymoney" The link you had was good. Very straight forward and to the point.

[Mew 0]

tHANK YOU VERY MUCH! I think that is good news that the 134 is not legally binding. I think my friend will like this info. I am hoping that when it comes to AOS they will judge me on my recent income. I just read a thread in the AOS forum where someone was denied because their past 3 years were not above poverty line, they were a student, However he/she does make over the amount now. Sometimes with these gov't decisions it depends on how the stars are aligned on what kind of decision you get. When the time comes for AOS I will apply on my own. If I get denied then I'll ask my friend to help. I'll probably offer some kind of monetary insurance to him. 20 K in a joint bank account or something. Again thanks for the info!

For AOS, only the last tax returns are required and not the last 3.

See: http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdf

Reduces required initial documentation: Each sponsor is now required to submit as initial evidence only his or her single most recent tax return rather than tax returns from the three most recent federal tax returns, pay stub(s) covering the most recent six months, and an employer letter.

http://www.uscis.gov/graphics/publicaffair...pp_062106FS.pdf