Joint Sponsor Inquiry

[A_Cookie_Cat 0]

Hello everyone. I just joined this site the other day and thank you all again to those that welcomed me here.

As my fiance and I begin to pile up our notes and documents for the starting of filling out the I-129F forms, I have a question for those with experiences (good and bad) with using a joint sponsor to help your special someone move. I am from the USA and she is from Brasil. I have NOT seen anything much that goes against the grain of it working for us, but hearing personal experiences (and tips) would be very much appreciated. I live with my father right now and I am unemployed at the moment. Even when I obtain a job, I will not even be close to the poverty line needed.

I believe I caught somewhere that regardless of my income, the one that will matter the most is my father's and it will not be able to combine with mine. I believe they will still factor in my financial situation and etc., but it's my Dad and Dad alone that will be the big one (or I'm wrong here). I have looked and I thought I saw that to use a joint sponsor in this case, I have to be living with him (which I am). I was trying to obtain a job and then a place so that when she moves here, we wouldn't have to shack up under my Father's roof for too long; however, if I am unable to use him as a joint sponsor, then I'll wait until she gets here.

The other question too is what are all the forms you NEED for a joint sponsor? The ones I have noted as what's required (I think) are the following: Form I-134 (Affidavit for Support), Form I-864 (Affidavit of Support), and Form I-864A (Contract between Sponsor and Household member).

I believe BOTH my father and I will fill out all of these each or at least a few. The first one came across (and from what I gathered online) as only me filling it out. The 864 (second one listed) was for both of us to fill out (or just my Dad?) and then 864A is strictly for my Dad and I (as it seems to state in the title of the document). The joint sponsor is very very crucial to us and honestly if for some reason it falls through, then we are definitely going to be forced to push back our goal (Her moving here next summer).

Thank you all again and hope to hear back from many of you in good time.

PS: Apologies to the moderators if I'm doing this in the wrong section. I saw the most recent threads for the K-1 visa and didn't catch anything dealing with joint sponsors so I made a new topic. Please let me know when you can if there are proper sections I'm missing and I'll improve on my postings in the correct section.

Edited August 9, 2016 by A_Cookie_Cat

[Ortolan 381]

You don't have to be living with the person who acts as your Joint Sponsor.

[A_Cookie_Cat 0]

You don't have to be living with the person who acts as your Joint Sponsor.

Do the forms regarding sponsorship/joint sponsorship go with the I-129F or do they get mailed separately to my fiance?

[VividDreamer 15]

Do the forms regarding sponsorship/joint sponsorship go with the I-129F or do they get mailed separately to my fiance?

I can't answer everything on this topic as I'm working on my sponsor papers while waiting for NOA2 right now - but the sponsorship stuff doesn't come into play with your initial filing of I-129F. That information will be needed by the beneficiary when it comes time for the interview

Edit: maybe other countries need it submitted before the interview, I'm not sure. At the least it's safe to say sponsor information is not needed until USCIS is done with your initial application, and the NVC forwards the approved case to your embassy. After that the process can be a little different depending on the particular embassy.

Edited August 11, 2016 by VividDreamer

[p-ana 933]

The i134 if the form used for k1s. It's only needed at the interview phase, your foreign fiancé takes it to the interview with all the supporting documents needed that you'll send

[A_Cookie_Cat 0]

I can't answer everything on this topic as I'm working on my sponsor papers while waiting for NOA2 right now - but the sponsorship stuff doesn't come into play with your initial filing of I-129F. That information will be needed by the beneficiary when it comes time for the interview

Edit: maybe other countries need it submitted before the interview, I'm not sure. At the least it's safe to say sponsor information is not needed until USCIS is done with your initial application, and the NVC forwards the approved case to your embassy. After that the process can be a little different depending on the particular embassy.

Thank you very much. First off, good luck to you and your special someone with the process. I can't wait to be in the waiting phase. I'm in the phase of putting together everything for the i-129f and as I said in my welcome letter, I tend to overthink things as well as having anxiety with all the different terms and wordings. They can be intimidating.

I believe I have everything correct as far as what goes to the lockbox to start the i-129F.

The I-129F form of course, G-325a that her and I both fill out separate forms and sign (with passport photos with them), G-1145 for notification, and that's it. Before I was under the impression the I-134 and I-864 (A as well) went WITH the I-129f package, but it seems to be the other way around. It goes after and it goes to my fiance.

The biggest things I need from her then are a letter of intent to marry me (signed and dated), passport photos (as I said up above), and the form for biographic information.

Is there anything that comes to anyone's mind on what else I absolutely need from her before I sent in the i-129f?

[p-ana 933]

Letter of intention to marry within 90 days, one is needed from her and one from you. Also proof you've met within 2 years

Follow the guide http://www.visajourney.com/content/k1guide

Edited August 11, 2016 by p-ana

[A_Cookie_Cat 0]

I realize I didn't really have this question answered.

The other question too is what are all the forms do I NEED my Joint sponsor to complete? The ones I have noted as what's required (I think) are the following: Form I-134 (Affidavit for Support), Form I-864 (Affidavit of Support), and Form I-864A (Contract between Sponsor and Household member).

I get these forms do NOT travel with the I-129F package, but I could still have my father looking at this and taking care of it while I wait for her documents to get here.

[p-ana 933]

I realize I didn't really have this question answered.

The other question too is what are all the forms do I NEED my Joint sponsor to complete? The ones I have noted as what's required (I think) are the following: Form I-134 (Affidavit for Support), Form I-864 (Affidavit of Support), and Form I-864A (Contract between Sponsor and Household member).

I get these forms do NOT travel with the I-129F package, but I could still have my father looking at this and taking care of it while I wait for her documents to get here.

When it's time for the interview, if you need a joint/ co sponsor, the person will have to fill an affidavit of support (i134 for k1) send proof of us citizenship or lpr status, supporting documents such as tax transcripts (most recent filed, if the other 2 more recent years are available, doesn't hurt to send them as well) letter from employer, recent pay checks, bank statements, etc. It's basically the same thing for you, the petitioner, and for the sponsor regarding documents that need to be sent

[A_Cookie_Cat 0]

When it's time for the interview, if you need a joint/ co sponsor, the person will have to fill an affidavit of support (i134 for k1) send proof of us citizenship or lpr status, supporting documents such as tax transcripts (most recent filed, if the other 2 more recent years are available, doesn't hurt to send them as well) letter from employer, recent pay checks, bank statements, etc. It's basically the same thing for you, the petitioner, and for the sponsor regarding documents that need to be sent

That helps but still leaves me a bit confused. I have two other forms I've heard different things about that he may have to fill out and I'm not sure if I do as well. There is the I-864 and the I-864A. The 864 is also an affidavit of support and the latter is a contract between Sponsor and Household member. I assume we both fill out that.

I haven't dove into the affidavit of supports fully with him yet, but do they list within there that he needs to include what you just listed? If not, where are you finding this information for what's required for him because the joint sponsor is honestly one of the last (I think) most confusing parts of this process for me because I will NEED to use him.

[A_Cookie_Cat 0]

When it's time for the interview, if you need a joint/ co sponsor, the person will have to fill an affidavit of support (i134 for k1) send proof of us citizenship or lpr status, supporting documents such as tax transcripts (most recent filed, if the other 2 more recent years are available, doesn't hurt to send them as well) letter from employer, recent pay checks, bank statements, etc. It's basically the same thing for you, the petitioner, and for the sponsor regarding documents that need to be sent

I get all of these forms go to the interview I believe. And the more I'm looking into this, all three forms should be submitted. I am trying to figure out if both of us do certain ones or if it's just my father on some.

[A_Cookie_Cat 0]

"In case of joint sponsor, make sure the person submitting the form meets the definition of a joint sponsor and NOT the definition of a household member. "

From

http://www.***removed***/affidavit-of-support/checklist-prepare-i-864.html

That confuses me terribly. My father is going to be our joint sponsor, but I live with him so he's technically a household member. It also tells me to use all capital letters when filling out the forms and I've been advised on here not to do that. This is what causes me to go into a tailspin about all of this because I read different things everywhere. :-( It really creates anxiety.

[A_Cookie_Cat 0]

When it's time for the interview, if you need a joint/ co sponsor, the person will have to fill an affidavit of support (i134 for k1) send proof of us citizenship or lpr status, supporting documents such as tax transcripts (most recent filed, if the other 2 more recent years are available, doesn't hurt to send them as well) letter from employer, recent pay checks, bank statements, etc. It's basically the same thing for you, the petitioner, and for the sponsor regarding documents that need to be sent

What is the difference between the I-864 Affidavit of Support and the I-134 Affidavit of Support?

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.

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After reading all of that, my fiance and I are still just as confused as before. I am not working right now. I will be here soon. When she moves here, I will have a job in place, but my Dad will be needed by us as a joint sponsor. Some stories I've read showed some folk filling out the 864 AFTER the fiance/spouse would arrive. I am being told otherwise and again this leaves me completely distraught.

For a K1 Visa, the I-129F is sent with a G-325A. That's all I've found on this site and other sites. When the process moves along and she has to prepare for the interview, this is where the joint sponsorship kicks in according to this and various other forums. I'm then onto wondering which ones are filled out by who. Do my Dad and I both do the 134? Do we also both do an 864 and 864A? I posted earlier too that it said make sure the person submitting the form meets the definition of a joint sponsor and not the definition of a household member.

REALLY hoping I get some more feedback on all of this as this seems to be where a lot more information is required and it is delicate information. It seems when my fiance would officially move here and we do the adjustment of status, the joint sponsorship can change? I don't know. I would be working and likely able to support her, but yeah...

Queue the Charlie Brown "ARRGHHHHH"

[VividDreamer 15]

Where is the beneficiary from?

Rules on accepting the I-134 can vary from embassy to embassy, from what I understand. If your beneficiary is from a low-risk country however, it's likely accepted. (Edit: Sorry, I see you said Brazil. I was looking for a linked timeline. I really don't know what risk level Brazil is viewed as; I recommend you look up what Packet 3 and 4 entail for Brazil for post-NOA2 processes.) Assuming that:

1) Beneficiary needs to take proof of financial support to the interview in the form of an I-134. If the petitioner cannot meet the requirements of the I-134 alone, enlist a joint sponsor. The joint sponsor ALSO fills out an I-134 and both parties have to submit their supporting documentation (tax transcripts, etc) as proof of income. Unless your embassy requests it, don't mail this. You do not need the I-864 yet.

2) Assuming approval - your beneficiary moves to the US. Get married.

3) When filling out adjustment of status (AOS) post-marriage, you will need to submit the I-864 with that package, as that's the one used for spousal applications. You don't need the I-134 again at this point. If your income still isn't enough at this point to sponsor alone, you will again need a joint sponsor to also fill out a separate I-864 with all supporting documentation.

As for the 864A regarding household members, I hope someone else can chime in. Our joint sponsor is not a household member so I'm unsure personally how this works.

Hope that helps clear it up a little. I know, this whole process is very confusing and rife with contradictory information

Edited August 19, 2016 by VividDreamer

[p-ana 933]

Sorry I'm traveling and on my phone so I can't read everything you posted.

Bottom line is that for k1 you will use the i134. If you need a joint sponsor, the person will also fill the i134. Both of you will need supporting documents as well, which I listed before.

When the immigrant gets here, after marriage, when filling for aos, the form needed will be the i864. Same thing, if you have a sponsor, they will fill a i864 as well. The i864a is for household members, which I believe can only be used if you and the sponsor live together and/ or claim each other on your returns.

Focus on your k1 step now and go prepare your i134 package! If your Brazilian partner needs help or tips, I can also speak Portuguese.

Good luck!

Edited August 20, 2016 by p-ana