Co-Sponsor I-134 I-864 Canadian consulate

[La Bête 0]

Hello,

We are in the case of a co-sponsor providing an affidavit of support (i-134 for k-1 visa and i-864 for AOS) as the main sponsor (the applicant)'s revenue is below the required level. Thank you for any answer you may have to our questions below.

1) Could you please confirm that 2 affidavits of support i-134 should be submitted to the consulate (1 from the applicant and another from a co-sponsor)? There seem to be contradictory indication online (link #1 indicates that 2 affidavits are necessary while link #2 indicates that only 1 from the co-sponsor should be submitted).

link #1: http://www.visajourney.com/forums/topic/356898-joint-sponsor-on-form-i-134-affidavit-of-support/

link #2: http://britishexpats.com/forum/marriage-based-visas-35/i-134-joint-sponsor-query-851032/

2) It seems clear from online posts that 2 affidavits i-864 are necessary in our case (1 from the applicant and another from a co-sponsor), when we get to the AOS stage (http://www.***removed***/affidavit-of-support/joint-sponsor.html).Please correct me if incorrect.

3) We recently got NOA2 approval. We indicated on the I-129F form that the beneficiary will apply at the Toronto Consulate (the beneficiary is a French citizen residing in Toronto). However we understand from several posts that our file will may well go to Montreal (http://www.visajourney.com/forums/topic/327503-canada-immigration-k1-guide-for-montreal/). Toronto does not process K-1 visas?

4) We read online that some consulate do not accept co sponsors, for example in Manilla, Phillipines ( http://dennyeyberg.wix.com/filipino-am-visa#!income--co-sponsor/c1sbi). Should there be any concerns regarding Canadian's consulates (Toronto, Montreal) accepting a co sponsor, regardless of the co sponsors meeting all the requirements (revenue level, US citizen, etc)?

Thank you

[Ash.1101 1,756]

1. ALL K-1 uses I-134. I-864 is for Adjustment of Status. You can see I-134 is required from Montreals packet 3 check list. http://photos.state.gov/libraries/canada/303578/montreal/Packet3-K1-MTL.pdf

2. You will need two I-134's NOT I-864. The petitioner fills out one REGARDLESS of income, and the cosponsor fills out one. If the petitioner does not fill one out, you will get a 221(g) for missing info.

3. Toronto does not process K-1. You will go through Montreal. Only two places process K-1, Montreal and Vancouver. If the beneficiary lives in Toronto, then the interview will be in Montreal.

4. Montreal does accept cosponsors. The only time they get picky is if the petitioner makes either no money or very little money. In my case, I am unemployed and we used my mother as a cosponsor, she makes 7000$ more than the required amount needed based off 125% poverty guidelines, and we were asked to find another Cosponsor as they still didn't feel comfortable even with my mother making enough. At any time, they can use their personal discretion even if the requirements are met.

Most people have had no problems though, there was just one weird week where they were really serious about it for some reason, as only three VJers have recently met the requirements and kicked back, and it was all in the same week, where as weeks before and after those making under the requirements made it through.

Edited October 22, 2015 by Ash.1101

[TBoneTX 45,540]

*** Thread moved from K-1 Process forum to the Canada regional forum, for consulate-specific advice. ***

[La Bête 0]

Thank you Ash, this is very helpful.

[shucks 1]

I am FREAKING out right now- I have my interview at the Montreal consulate soon and unfortunately my fiance, the petitioner, has been unemployed for a few months, 2 of those months were spent here visiting me so he was unable to work. So we have a cosponsor, his mother. What are my chances that I will be denied based on this?

[Ash.1101 1,756]

I am FREAKING out right now- I have my interview at the Montreal consulate soon and unfortunately my fiance, the petitioner, has been unemployed for a few months, 2 of those months were spent here visiting me so he was unable to work. So we have a cosponsor, his mother. What are my chances that I will be denied based on this?

It'll be up to the CO. Did your fiance work last year and have a tax return? I didn't have a tax return or anything because I didn't work last year either. We used my mother as the cosponsor, she made 24000 last year, 27000 this year, the line for 125% is 19912$.

Either way, at the end of the day it's up to the CO and all you can do is pray and hope. A lot of people I've talked to here on VJ believe that myself and the two other people who were all refused for financial reasons just hit a really bad week to do the interview. We don't know if they just went really hard on the proof or what happened, but for some reason THAT one week in September they focused harder than normal on financials.

Now you don't get denied 100% because of this, if for some reason the CO does decide that it's not good enough for what ever reason, then they ask you to find another cosponsor. In our case our 221(g) states we have a year from recieving the 221(g) to find submit the required docs they asked for (I-134 and supporting documents).

We went in thinking we weren't going to be denied and the interview went GREAT up until he pulled out the financials. VJ has a really bad habit of repeating "Oh just get a cosponsor, you'll be fine" without mentioning that at all times the consulate officer can use their own discretion and ask for ANOTHER cosponsor. It isn't until you're kicked back that people come out of the woodwork and say that it happened to them too. I used to repeat the same thing too, until it happened to us.

I wish you the best of luck and think positive!

Edited October 26, 2015 by Ash.1101