Affidavit of support.I found a Co- Sponsor

[micahmoos 5]

I found a co sponsor that has a household of 4+1 for my fiance so its 5. Together with his wife he made $80,000 + on his 2012 tax return with him alone he made $55,000 of that . Income guidelines for a family of 5 is 34462. This should be enough and even if they filed jointly and they look at his income only on the tax return, it shows he made $55,000 by himself. Am i correct. Also if they help me like they said . Is it only binding until i file the AOS and affidavit for support which from what i understand would include just my income for my house . What do u guys mean when it says not legally binding? The I134

[florida4life 29]

The major difference between these two documents is the fact that an I-864 is filed in connection with an immigrant spouse visa application and an I-134 is filed in connection with a non-immigrant dual intent fiancee visa application (commonly referred to a K1 visa application). The legal effect of an I-864 affidavit of support is slightly different from that of an I-134 affidavit of support as the I-864 is more enforceable against the American sponsor. That being said, the I-134's usage is technically by discretion of the Consular Post and acts merely as a means of providing a streamlined way of adjudicating multiple parties abilities to support foreign fiances. In the past, it was more common to see many Consulates accepting I-134 joint-sponsorship, but this trend seems to be receding as more Consulates now ask that the US Citizen sponsor show an ability to independently support a foreign fiancee thereby precluding the use of joint sponsorship affidavits in K1 visa matters. This is a recent trend as in the past there were Posts which were allowing this practice, but there are good policy reasons why I-134 joint sponsorship affidavits are in decline.

Keeping in mind that I-134 affidavits are not legally binding, a US Citizen Petitioner could enlist the help of a friend or family member to act as a joint-sponsor on the I-134 affidavit of support for a foreign fiance. After arriving in the USA, the foreign fiance and the American Petitioner get married. Subsequent to the marriage, they file for the foreign spouse's adjustment of status. At the adjustment of status phase, the American Petitioner must file an I-864 affidavit of support, but the original I-134 joint sponsor decides not to act as sponsor on the I-864 affidavit. The I-134 is not enforceable against the original I-134 joint sponsor and if the American petitioner cannot show requisite assets it places the Immigration authorities in a position where they may need to find that the foreign spouse could become a "Public Charge" is allowed to remain in the USA. This scenario leaves all parties in a relatively negative position. Therefore, it is this author's opinion that I-134 joint sponsorship is being phased out in order to make certain that those sponsoring non-immigrant fiancees for a visa to the US can meet their obligations with regard to a future I-864 affidavit.

Edited December 5, 2013 by florida4life

[Extreme happiness 9]

I am so happy you found someone to help you with your situation....you see God is great always.....you go girl!!!!

[aamirpearl 47]

congrats on finding a co-sponsors

[Pinkrlion 2,725]

Congrats on finding someone.

This is how you can look at it. It took me a minute to figure it out as to why. The I-134 does not hold any weight because when you file for adjustment of status (I-485), you file the I-864, which replaces the I-134 causing the I-134 to be null and void.

Since you will be filing after tax season, you will have your 2013 taxes which will show you earned enough income according to I-864P.

[micahmoos 5]

Hi everyone , Thank you guys for all your help and prays.

I am so happy you found someone to help you with your situation....you see God is great always.....you go girl!!!!

Thanks hun