Limits of Liability for co-sponsor

[LMK74 1]

Hi all,

We're looking for some help regarding the co-sponsorship situation so would be very grateful if someone can help out.

My USC has recently come back from travelling the world and has used his savings to buy a property in North Carolina. He's not currently working as he's trying to get the property and land in some kind of order. He's living on his savings but hopes to be earning money in the near future. So look's like we'd need to go down the co-sponsor route. I've met all his family and got the nod of approval so he said he would ask them for help. The thing is he's very worried about the actual legal responsibilties of the co-sponsor and doesn't want it to end up that something bad happens to me and they end up losing all their money, property etc through paying out for me?

Is it a case of they are only called upon if I apply for benefits and food stamps etc? Or are they saying they're responsible for everything?

We've received our NOA1 and I want to be really happy but now I'm worried!!!

Thanks!

[melissa-n-alfredo 10]

Hi all,

We're looking for some help regarding the co-sponsorship situation so would be very grateful if someone can help out.

My USC has recently come back from travelling the world and has used his savings to buy a property in North Carolina. He's not currently working as he's trying to get the property and land in some kind of order. He's living on his savings but hopes to be earning money in the near future. So look's like we'd need to go down the co-sponsor route. I've met all his family and got the nod of approval so he said he would ask them for help. The thing is he's very worried about the actual legal responsibilties of the co-sponsor and doesn't want it to end up that something bad happens to me and they end up losing all their money, property etc through paying out for me?

Is it a case of they are only called upon if I apply for benefits and food stamps etc? Or are they saying they're responsible for everything?

We've received our NOA1 and I want to be really happy but now I'm worried!!!

Thanks!

The I-134 affidavit of support, which is the requirement for fiance visa, is a non-binding document. So no one will be held accountable for anything. However, when adjusting status after your marriage, an I-864 affidavit of support is required which IS BINDING.

The USC petitioner CAN file and receive government assistance, if needed. However, the foreign beneficiay(ies) should not. If a visa holder applies and receives benefits, then both the visa holder and/or the government can legally sue the sponsor/co-sponsor for reimbursement. Furthermore, when the beneficiary APPLIES for any kind of assistance, they MUST include their sponsors income and assets on the application too. Which may cause the benefits to be completely denied to the beneficiary, anyways, for being over the income limit.

[melissa-n-alfredo 10]

Also, the co-sponsor is not SOLEY responsible for everything. Your USC fiance is expected to provide you with the help you need, co-sponsor is more of a "back-up". The USC fiance is the PRIMARY sponsor. Once you are married, the adjustment of status will begin, therefore requiring the legally binding I-864 document. After that is complete, you will be given correct documentation to work. If you and your fiance do not expect to be able to provide for your own household, with employment, then maybe the visa and marriage isn't the best idea right now. The co-sponsor is only expected to assist you, when needed, but not entirely being your way of living. That responsibility lies more on your USC fiance and yourself, with help from co-sponsor (if needed). And the only way that co-sponsor would lose anything (money or assets) would be if you or the government sued them, after having to rely on public assistance. And again, if YOU apply for any kind of assistance, both the sponsor and co-sponsor's income and assets MUST be included on the application or that could also cause YOU issues of fraud for not disclosing that information. Good luck!

[melissa-n-alfredo 10]

The London Embassy does allow the visa applicant to self-sponsor though. Meaning that they can fill out their own affidavit and supply their own income and assets, for consideration, without using a USC to file affidavit.

[LeftCoastLady 441]

The London Embassy does allow the visa applicant to self-sponsor though. Meaning that they can fill out their own affidavit and supply their own income and assets, for consideration, without using a USC to file affidavit.

True, however, self-sponsoring is only available for the I-134 hurdle. There would still be a need to meet the poverty threshold when it came time to adjust status, which seems to be the OP's primary concern if her fiancé doesn't have the income.

OP: Since the petition was just filed, you and your fiancé have time to figure out the support question. But, if there's a worry about having one of his family members serve as co-sponsor due to concern over the contract with the government part, then he should prepare to secure a job before you land in the U.S. to avoid having you arrive in the country without the ability to work, etc.

[LMK74 1]

The London Embassy does allow the visa applicant to self-sponsor though. Meaning that they can fill out their own affidavit and supply their own income and assets, for consideration, without using a USC to file affidavit.

Thank you all for your advice, I'll talk all this through with him. We have savings and don't live a fancy life when I'm there. We would have no intention on asking the government or the co-sponsor for any kind of help so hopefully it shouldn't be needed.

I did read somewhere on here about being able to do the self sponsor thing for the first part. Is there anywhere with an example of how to fill it out...it looked like it was geared up for being filled out by a USC?

[LeftCoastLady 441]

Thank you all for your advice, I'll talk all this through with him. We have savings and don't live a fancy life when I'm there. We would have no intention on asking the government or the co-sponsor for any kind of help so hopefully it shouldn't be needed.

I did read somewhere on here about being able to do the self sponsor thing for the first part. Is there anywhere with an example of how to fill it out...it looked like it was geared up for being filled out by a USC?

You should post a question in the UK forum. There have been a few recent K-1s who have self-sponsored who could help.

[Nich-Nick 3,354]

Thank you all for your advice, I'll talk all this through with him. We have savings and don't live a fancy life when I'm there. We would have no intention on asking the government or the co-sponsor for any kind of help so hopefully it shouldn't be needed.

I did read somewhere on here about being able to do the self sponsor thing for the first part. Is there anywhere with an example of how to fill it out...it looked like it was geared up for being filled out by a USC?

If the UK person is going to self-sponsor, they don't fill out anything for the embassy. You bring proof of your savings or proof that your income will continue in the US, as was the recent case where a guy creates apps for phones and the money for selling them will continue to roll in.