Anyone used/using a co-sponsor?

[riss 12]

Hi everybody, I'd love to hear from other people who have used or are currently using a sponsor other than their own fiancé. I'm just wondering how reliable it is and would really appreciate any tips on what might work best! My fiancé is in between jobs and can't show an adequate income at this stage. So we're thinking of asking one of his close friends to fill in the I-134 and if necessary to also co-sponsor later on with the I-864.

Thanks in advance for any ideas and comments!

Riss

[SteelFaithU2 3]

This is the reply I got from the US Embassy of Manila, but it's probably different for the US Embassy for Australia and not as strict.

Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources. This is to ensure that an alien, after admission into the United States, will not become primarily dependent on the U.S. Government for subsistence.

While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, they are not legally bound to address the financial needs of the applicants. Therefore, they are not always sufficiently credible to overcome the public charge provisions of INA Section 212(a)(4).

We may consider your assets to make up for any shortfall in your income. The assets may include, but are not limited to: (1) bank accounts showing sustained balance over time, (2) stocks and bonds indicating present cash value or expected earnings, and (3) personal property ownership and real estate investments in the form of a title deed or equivalent or certified copies. The assets must be available in the United States and must be readily convertible to cash within one year. However, if the income from these assets is derived from sources outside of the United States, a statement must be provided as to how the income is to be transferred to the U.S.

Hope this helps a bit...

[happiestmanalive 23]

Good luck~

[Mogambi 96]

A friend probably isn't the best co-sponsor. A family relative like a parent would be better. It's easier to do the co-sponser later, since that is legally binding.

The problem with using a co-sponsor for the I-129F petition is that the CO will look at with scrutiny. It's very easy to get someone to sign an affidavit of support when it's not legally binding, as the I-34 is not binding. Anyone can fill it out and say 'yeah sure I'll support them', but in the end they have no legal obligation to do so.

Have been reading a bunch of denials lately regarding Affidavit of Support.

So be careful who you get to do it I'd think. A friend is probably risky.

[beejay 123]

Australia is not Manila. As long as your co-sponsor meets the requirements it shouldn't be a problem.

[KayDeeCee 4,893]

Hi everybody, I'd love to hear from other people who have used or are currently using a sponsor other than their own fiancé. I'm just wondering how reliable it is and would really appreciate any tips on what might work best! My fiancé is in between jobs and can't show an adequate income at this stage. So we're thinking of asking one of his close friends to fill in the I-134 and if necessary to also co-sponsor later on with the I-864.

Thanks in advance for any ideas and comments!

Riss

A co-sponsor can be any USC or LPR. They do not have to be a relative, or even live in the same state as you. They need to have enough income to meet the 125% requirement for their own household size plus the beneficiary. The petitioner and the co-sponsor both fill out an I-134 and provide their 2011 tax transcript, letter from employer and recent pay stubs. The co-sponsor also needs to provide proof of being a USC or LPR.

[Juan & Cami 7]

So the affidavit of support is not taken seriously? I'm a full-time student with no income and my dad was going to be a co-sponser...will that be a problem?

[riss 12]

Thanks very much for all your replies.

Mogambi, I would have used a family member but my fiancé doesn't have anyone suitable - friends are the best we've got. Where have you been hearing about these denials of affidavits of support? I really want to hear more about who gets denied and who gets approved and what the circumstances were. In the VisaJourneys guide it gives the impression that most people get through even when the US fiancé didn't have adequate income - it said that there are some cases where people were denied such as where the US fiancé was disabled and had *never* earned an income and was never likely to. I found that promising but it's not really enough to go on - I wish I could hear from some people who had actually done this and what the result was.

Cami, I have heard of a lot of people relying on their parents as sponsors. It seems like a common thing to do and given that you are a student and are almost certainly going to earn a more than adequate income once your studies are over, I would expect you would fare alright. I just don't know how we can verify these things though! General impressions are helpful but not enough to rest on - the last thing any of us wants is to be delayed or have to go back to the drawing board for a new plan.

Jay-Kay, thanks again, I don't suppose you have any ideas as to what we'd do with sending evidence/info for freelance work that my fiancé is doing? He's just received a 3-week freelance contract. I know it doesn't show a regular annual income but I figure it'll help if we can send the paystubs from that and maybe a letter from the person he's doing the work for.

Best wishes as always, to everyone!

Riss

Edited June 28, 2012 by riss

[KayDeeCee 4,893]

So the affidavit of support is not taken seriously? I'm a full-time student with no income and my dad was going to be a co-sponser...will that be a problem?

The affidavit of support is taken very seriously by the consulates. The I-134 form that is used for K-1 visas is not legally binding though, so someone signing that form should not worry about being sued to pay anything back. The I-864 that is signed after you are married and file for adjustment of status is the one that is legally binding. Anyone signing that form should carefully read what obligations they are signing their name to.

There is no problem with your dad being your co-sponsor so long as your consulate accepts co-sponsors and he qualifies at 125% or more of the poverty level for his household size plus the beneficiary.

[KayDeeCee 4,893]

Jay-Kay, thanks again, I don't suppose you have any ideas as to what we'd do with sending evidence/info for freelance work that my fiancé is doing? He's just received a 3-week freelance contract. I know it doesn't show a regular annual income but I figure it'll help if we can send the paystubs from that and maybe a letter from the person he's doing the work for.

Unfortunately for the self-employed independent contractors, they only go by line 22 of the most recent 1040. You can always include evidence of what he makes freelancing right now, it cannot hurt to include it, but they will most likely just see that he is not currently earning enough and look to your co-sponsor's form and evidence to see if they qualify instead.

[riss 12]

1040? Sorry for my ignorance - is that a tax return form?

We can easily have one of his friends provide an I-134 and they would be fine on the income level. But how likely is it that I would be approved, using a friend as a sponsor? I can't seem to find anything in my googling and posting travels, to give me an idea whether this is generally satisfactory, or whether it puts us at risk of a denial. I just wish I had a bit more to go on. L is talking about just taking any old job, as long as it pays the 125% income requirement, in order to be able to meet the sponsorship requirements - but that wouldn't be a good situation since he needs to earn more than a basic wage to pay the mortgage and other commitments.

[riss 12]

Okay, I found the form 1040 now. The thing is, his latest tax forms would show his income from last year, when he was still employed. How would this form 1040 come into play now if he is an independent contractor as of this month? (Sorry to pick your brains like this Jay-Kay, I hope you don't mind! )

[Mogambi 96]

Usually the I-34 is filled out, and send with 1) the last years tax return (the 1040). And also some current paperwork showing current employment status. Paycheck stubs, checking account statements that show deposits, a letter from an employer that shows that one is employed and their salary.

I'm not saying a LOT of people are denied because of co-sponsors. But I have been reading a few threads where it has happened. If a friend is the best you can do, then by all means do it. A parent as someone else noted would be fine I would think, as a father sponsoring his son is more likely to actually help if something were to happen than a 'friend'. By all means proceed, just do the best you can.

But besides checking if the relationship is real, and that the beneficiary isn't a criminal, the next thing they're concerned with is that the person won't become a public charge.

It also sounds like some consulates are more discerning about a co-sponsor.

[riss 12]

Hey Mogambi, thanks for your reply. I was actually hoping you could point me to some of the threads you're talking about, as I've been trying to find some experiences from other people who've been through this process, and I can't seem to find much. Even if it's just experiences from people who've been denied, at least it could give me some idea of what works and what doesn't - what the consular officers are looking for and whether I can show that or not. I'm at the point where I feel like I'll have to contact a lawyer to find out where I stand - not something I really wanted to do with my current state of finances and my fiancé out of work! But I just don't want to get all this paperwork and stuff organised and sent in and then told something's not good enough and we have to go back to the drawing board.

[KayDeeCee 4,893]

1040? Sorry for my ignorance - is that a tax return form?

We can easily have one of his friends provide an I-134 and they would be fine on the income level. But how likely is it that I would be approved, using a friend as a sponsor? I can't seem to find anything in my googling and posting travels, to give me an idea whether this is generally satisfactory, or whether it puts us at risk of a denial. I just wish I had a bit more to go on. L is talking about just taking any old job, as long as it pays the 125% income requirement, in order to be able to meet the sponsorship requirements - but that wouldn't be a good situation since he needs to earn more than a basic wage to pay the mortgage and other commitments.

You should be able to use any USC or LPR as your co-sponsor, as they do not have to be related to you. However, I did a quick search here on VJ and found this couple that had trouble going through Sydney using a friend as their co-sponsor. I have no idea why to be honest, but it is up to the CO interviewing what they will or will not accept. Here is their timeline that has their review for the consulate in it: http://www.visajourney.com/timeline/profile.php?id=103105 and a post about it: http://www.visajourney.com/forums/topic/325725-co-sponsor/page__view__findpost__p__4894107

Okay, I found the form 1040 now. The thing is, his latest tax forms would show his income from last year, when he was still employed. How would this form 1040 come into play now if he is an independent contractor as of this month? (Sorry to pick your brains like this Jay-Kay, I hope you don't mind! )

Ahh, so he was employed last year as an actual employee and not a freelancer then. Gotcha. I mentioned that because those that are self-employed and do freelancing contract work have to show their latest tax return to prove their income. There is no other way in the case of being self-employed. He has to provide a copy of his 2011 tax transcript anyway, but his income will be based on his present situation which is he unemployed but just took a short 3 month freelance job for some income flow. It won't really help him with his I-134. You need a co-sponsor, or for him to get a permanent position that pays enough. You still might need a co-sponsor anyway because sometimes the CO will not be satisfied with a brand new job, especially if the income is borderline. It is all up to their discretion.