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Filed: IR-1/CR-1 Visa Country: Nigeria
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Posted

I have a question about a sponsor for the affidavit of support. It would be a person other than myself. Will the sponsor need to show proof of income and tax returns every year? I'm trying to understand all the responsibilities and obligations of the sponsor and I believe I read that a sponsor is responsible for my beneficiary for ten years I'm wondering if he has to keep proving his income and eligibility to sponsor every year. Thank you.

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted (edited)

I have a question about a sponsor for the affidavit of support. It would be a person other than myself. Will the sponsor need to show proof of income and tax returns every year? I'm trying to understand all the responsibilities and obligations of the sponsor and I believe I read that a sponsor is responsible for my beneficiary for ten years I'm wondering if he has to keep proving his income and eligibility to sponsor every year. Thank you.

Once for the visa interview, once for the AOS and done forever.

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

I just wanted to add that even if you need a co-sponsor, you also must still provide your own affidavit of support for the K-1 and when it comes time for adjusting status.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

Ok thank you. 2 more questions, if you don't mind. Does the cosponsor on the aos have to be the same person who cosponsored the k1 visa? And my potential cosponsor wants to know if it will in anyway affect his credit or his ability to buy a house next year. I understand his concern but don't know the answer.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Ok thank you. 2 more questions, if you don't mind. Does the cosponsor on the aos have to be the same person who cosponsored the k1 visa? And my potential cosponsor wants to know if it will in anyway affect his credit or his ability to buy a house next year. I understand his concern but don't know the answer.

You can use different joint sponsors; one to obtain the visa and another to obtain the green card. It will have no affect on their credit. The government won't place any liens on the joint sponsor nor make any reports to a any credit reporting agency. If the immigrant ends up collecting any means tested public benefits and government decides to seek reimbursement from the joint sponsor then they'd first begin by making a demand for payment. If the joint sponsor refuses then the government could sue them in a civil court. Losing the case in a civil court could have an adverse affect on their credit. It's actually somewhat rare for the government to seek to enforce the affidavit of support.

Also, what you previously said about the sponsor being "responsible for the beneficiary for ten years", this is a simplistic summary of one aspect of the affidavit of support, and it's misleading enough to be downright wrong.

First, when a sponsor signs the affidavit of support they do agree to support the immigrant in whatever way necessary in order to ensure they are supported at a level which is equivalent to 125% of the poverty guidelines. The only way the government would ever enforce this is if the immigrant sued the sponsor for support using the affidavit of support as the basis of the lawsuit. This rarely ever happens. The government really doesn't care if the sponsor is supporting the immigrant. Their primary concern is that the immigrant doesn't collect means tested public benefits and leave the taxpayers on the hook for their support. If that happens then the government may seek reimbursement from the sponsor. Again, this rarely happens.

The affidavit of support remains enforceable until one of the following events occurs.

1. The immigrant becomes a US citizen. They can do this within three years of becoming a permanent resident if they're still married to the US citizen who petitioned for them. Five years otherwise.

2. The immigrant can be credited with 40 quarters of work credit through the Social Security Administration. Generally, this means working and paying Social Security taxes for 10 years. This is where many people erroneously get that "10 years of support" figure. Spouses usually share Social Security credits, so if both spouses are working then it's possible to collect 40 quarters of credits in five years.

3. The immigrant loses their permanent resident status and leaves the US.

4. Either the immigrant or the sponsor dies.

So, the affidavit of support could be enforceable for as little as three years. If the immigrant never works and never loses their status then the affidavit of support could, potentially, be enforceable for the remainder of the sponsor's life. Only one of the events listed above will terminate the affidavit of support. There is no automatic cutoff date.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

I have a question about a sponsor for the affidavit of support. It would be a person other than myself. Will the sponsor need to show proof of income and tax returns every year? I'm trying to understand all the responsibilities and obligations of the sponsor and I believe I read that a sponsor is responsible for my beneficiary for ten years I'm wondering if he has to keep proving his income and eligibility to sponsor every year. Thank you.

HAD TO GET A CO-SPONSOR BECAUSE I WAS ILL ONE YEAR AND DIDN'T MAKE ENOUGH . SO MY GOOD FRIEND GAVE ME HER TAX RETURN FOR THE YEAR I WAS SHORT. I USED THE I864EZ FORM. I SENT ALL THREE YEARS OF MY TAXES AND ONE YEAR OF HERS. THE FORM IS VERY EASY TO USE. THE FORM MAKES MY FRIEND RESPONSIBLE FOR MY HUSBAND...(NOT REALLY) THIS IS SO THAT HE WONT BE A PUBLIC CHARGE TO THE UNITED STATES. IN REALITY... IT'S ME AND MY HUSBAND...MY FRIEND IS OUT THERE DOING WHAT EVER NOT WORRYING ABOUT IT AT ALL. MY HUSBAND IS NOW WORKING TWO JOBS SO ALL IS WELL. DON'T WORRY.. YOU KNOW YOUR HUSBAND AND YOU KNOW HE IS CAPABLE OF BEING EMPLOYED...YOUR FRIEND OR FAMILY MEMBER YOU ASK SHOULD TRUST YOUR JUDGEMENT AND KNOW THAT YOU WOULD NEVER PUT THEM IN FINANCIAL DANGER. IT WILL BE FINE. AND FOR NIGERIA..YOU NEED TO HAVE ALL YOUR PAPERS IN ORDER. SO TAKE IT FROM ME... NIGERIA TO NIGERIA...BE BLESSED

The World is Yours to Experience....Venture out into it and find Love!

 
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