SPONSORSHIP REQUIREMENTS

[juliebrulli 0]

Hello everyone!

I have been approved to applu for a K Visa with my boyfriend

Since he's not working at the moment so he does not have a tax return, can he fill the I.134 form and show that we have a joint bank account to maintain myself in the first three months? Somethink like $15000.

Thank you!

[aaron2020 11,651]

No. He needs to fulfill the financial requirement of the I-134 to support both of you or have assets for 3 times the amount.

For two people, its about $60,000 in assets if there is no income.

$15,000 is not enough.

[SparklePony 238]

He still needs to file the I-134. The assets are not enough as they would need to be 5 times the difference between current income (which is null) and the poverty guidelines. You'll need a co-sponsor.

[aaron2020 11,651]

He still needs to file the I-134. The assets are not enough as they would need to be 5 times the difference between current income (which is null) and the poverty guidelines. You'll need a co-sponsor.

I believe it is 3 times for a spouse and 5 times for other family members.

[SparklePony 238]

I thought 3 times was only for AOS?

[Capt.Larry 0]

Hello,

what are the requirement for the co-sponsor on a I-130? Can the co-sponsor be a non us resident or citizen ? Does he have to live in the us?
Thank you

[aaron2020 11,651]

Hello,

what are the requirement for the co-sponsor on a I-130? Can the co-sponsor be a non us resident or citizen ? Does he have to live in the us?

Thank you

The Joint Sponsor must be a US citizen or LPR over the age of 18.

The US citizen can live anywhere in the world.

The LPR (of course) must live in the US.

A non-US citizen, non-LPR cannot be the JS.

[Umka36 781]

Hello,

what are the requirement for the co-sponsor on a I-130? Can the co-sponsor be a non us resident or citizen ? Does he have to live in the us?

Thank you

Sponsor for Affidavit of Support

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases.

Joint Sponsor

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

[corvusheart 163]

1.You must be a US Citizen over the age of 18.

2. You must have your own place for example you can't be living in your parents house and it has to be a suitable place to live.

3. You must meet 125% of the household financial income requirement for example if it's just you living there and your fiance you must make $19,387 or more annually.

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

I'm not too sure about how the assets thing works.

Edited December 18, 2013 by corvusheart

[corvusheart 163]

Forgot one thing.

You also cannot be drawing from public funds such as foodstamps or welfare or anything like that.

[Capt.Larry 0]

Thank you all for your responses.

[juliebrulli 0]

I see, thank you for the answers.

What if a visa is refused? I won't be able to marry my boyfriend?

Can I still go there on a different VISA?

[Penguin_ie 5,986]

If the visa is refused on financial grounds, you are usually given a couple of months to come up with another co-sponsor.

Being refused a K1 fiance visa doesn't mean you are banned from other visas such as a tourist or work visa, but it WILL make them more difficult to get, because you clearly have immigrant intent.

[KayDeeCee 4,891]

1.You must be a US Citizen over the age of 18. <- No. You can also be a permanent resident. You do not have to be a US citizen to sponsor. See the answers given before yours in this thread.

2. You must have your own place for example you can't be living in your parents house and it has to be a suitable place to live. <- No. There is no requirement for a sponsor to be living on their own. They can share a residence with anyone they like, including their parents. As long as they meet the income requirements, then they can sponsor. What exactly is a 'suitable place to live'? Point out in the instructions where it states any of this because I have read through the instructions many, many times over the years, and I have never seen such a thing stated anywhere. Household size is not determined by who lives with who.

3. You must meet 125% of the household financial income requirement for example if it's just you living there and your fiance you must make $19,387 or more annually.

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

I'm not too sure about how the assets thing works.

[KayDeeCee 4,891]

I thought 3 times was only for AOS?

There is no guideline for assets with the I-134, so if the consulates go by the I-864 guidelines, same as for the income requirement, it would be 3 times for a spouse/fiance(e). However, some consulates seem to want to see at least 5 times. It is more difficult to know what the CO will decide for an I-134, since the leeway they have with it is so broad. When you AOS and use the I-864 it is definitely 3 times for a spouse.