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yutekao

Questions about the responsibilities of Joint Sponsor

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Hey guys,

So my Fiancee and I got approved for the K-1 Visa and my fiancee will be coming into the US next week.

We will start gather everything for Adjustment of Status (AOS)

my questions is

1. My father will be the Joint Sponsor for the I-864 (He was the joint sponsor for the K-1 as well)

"Your obligation to support the immigrants you are sponsoring in this affdavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work."

So does that mean my father has to sponsor my Fiancee (Will be my wife) until she gets her green card? or until she gets her US passport? My fiancee is from South Korea and she can't not have dual citizenship and I don't think she is ready to give up her korean citizenship yet because all her families are in Korea.

any information will be appreciated.

Thank you so much!


03/14/2016 I-129F Sent Through USPS

03/15/2016 Packet Delivered to USCIS (Lewisville, TX)

03/18/2016 NOA 1 Text & Email. Case Sent to CSC

03/24/2016 NOA 1 Hard Copy Received

06/16/2016 NOA 2 Approved!!!

06/20/2016 NOA 2 Hard Copy Received

07/15/2016 NVC Case Received

07/18/2016 Case Number Assigned

07/19/2016 Case In Transit to South Korea

07/25/2016 Case Arrived at US Embassy in South Korea

08/29/2016 DS160 Submitted and Interview Date Assigned 12/01/2016 ***Earliest Date Available***

09/30/2016 Found an Earlier Interview Date Available Online 11/04/2016

11/04/2016 Interview! VISA Approved!!!

12/22/2016 POE Dallas (It took 5 minutes.)

 

04/26/2017 I-485 Package Sent Through USPS

04/27/2017 Package Delivered to USCIS (Chicago, IL)

05/17/2017 NOA1 Text Notification Received

05/20/2017 NOA1 Hard Copy Received (I-485 & I-131)

05/27/2017 Biometrics Letter Received (06/07)

06/07/2017 Biometrics Done

06/21/2017 Case Updated!! (Ready To Be Scheduled For An Interview)

07/13/2017 I-485 Interview Letter Received (08/14 at 1pm)

08/14/2017 Approved!!!!!!!!! (New Card is Being Produced)

08/18/2017 Approval Letter Received

08/21/2017 Green Card Received

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Hi your father is on the hook till your Wife becomes a us citizen

Or has worked for 10 years.. (40 qualifying quarters)


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Or has worked for 10 years.. (40 qualifying quarters)

Ok. So does that mean that my father has to sponsor my fiancee until she gets her Green Card or US passport?

Because where my fiancee is from (South Korea) she can't have dual citizenship and I think she will just get her green card.

My father has worked in the US for 8 years now (will be 10 years on 2018.)

Thank you for your help.


03/14/2016 I-129F Sent Through USPS

03/15/2016 Packet Delivered to USCIS (Lewisville, TX)

03/18/2016 NOA 1 Text & Email. Case Sent to CSC

03/24/2016 NOA 1 Hard Copy Received

06/16/2016 NOA 2 Approved!!!

06/20/2016 NOA 2 Hard Copy Received

07/15/2016 NVC Case Received

07/18/2016 Case Number Assigned

07/19/2016 Case In Transit to South Korea

07/25/2016 Case Arrived at US Embassy in South Korea

08/29/2016 DS160 Submitted and Interview Date Assigned 12/01/2016 ***Earliest Date Available***

09/30/2016 Found an Earlier Interview Date Available Online 11/04/2016

11/04/2016 Interview! VISA Approved!!!

12/22/2016 POE Dallas (It took 5 minutes.)

 

04/26/2017 I-485 Package Sent Through USPS

04/27/2017 Package Delivered to USCIS (Chicago, IL)

05/17/2017 NOA1 Text Notification Received

05/20/2017 NOA1 Hard Copy Received (I-485 & I-131)

05/27/2017 Biometrics Letter Received (06/07)

06/07/2017 Biometrics Done

06/21/2017 Case Updated!! (Ready To Be Scheduled For An Interview)

07/13/2017 I-485 Interview Letter Received (08/14 at 1pm)

08/14/2017 Approved!!!!!!!!! (New Card is Being Produced)

08/18/2017 Approval Letter Received

08/21/2017 Green Card Received

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Ok. So does that mean that my father has to sponsor my fiancee until she gets her Green Card or US passport?

Because where my fiancee is from (South Korea) she can't have dual citizenship and I think she will just get her green card.

My father has worked in the US for 8 years now (will be 10 years on 2018.)

Thank you for your help.

According to the terms of the I-864, a sponsor's obligations terminate only when one of the following conditions applies to the sponsored immigrant:

  • He / she has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
  • He / she becomes a United States citizen;
  • He / she no longer has lawful permanent resident status, and has departed the United States;
  • He / she becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new Affidavit of Support, if one is required;
  • He / she dies.

Or the the sponsor dies (no brainer).

If your wife has worked for 10 years (acquiring 40 qualifying quarters, then your father's I-864 obligation will end.


Done with K1, AOS and ROC

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Thank you guys so much for your quick responses!

I do not meet the 125% poverty guideline to sponsor my Fiancee (Will be my wife soon) this year due to surgery.

So I will have my father to be the joint sponsor for the AOS.

my other question is, I should be able to meet the poverty guideline next year....does my father (joint sponsor) obligations still in action although I meet the requirement?

Edited by yutekao

03/14/2016 I-129F Sent Through USPS

03/15/2016 Packet Delivered to USCIS (Lewisville, TX)

03/18/2016 NOA 1 Text & Email. Case Sent to CSC

03/24/2016 NOA 1 Hard Copy Received

06/16/2016 NOA 2 Approved!!!

06/20/2016 NOA 2 Hard Copy Received

07/15/2016 NVC Case Received

07/18/2016 Case Number Assigned

07/19/2016 Case In Transit to South Korea

07/25/2016 Case Arrived at US Embassy in South Korea

08/29/2016 DS160 Submitted and Interview Date Assigned 12/01/2016 ***Earliest Date Available***

09/30/2016 Found an Earlier Interview Date Available Online 11/04/2016

11/04/2016 Interview! VISA Approved!!!

12/22/2016 POE Dallas (It took 5 minutes.)

 

04/26/2017 I-485 Package Sent Through USPS

04/27/2017 Package Delivered to USCIS (Chicago, IL)

05/17/2017 NOA1 Text Notification Received

05/20/2017 NOA1 Hard Copy Received (I-485 & I-131)

05/27/2017 Biometrics Letter Received (06/07)

06/07/2017 Biometrics Done

06/21/2017 Case Updated!! (Ready To Be Scheduled For An Interview)

07/13/2017 I-485 Interview Letter Received (08/14 at 1pm)

08/14/2017 Approved!!!!!!!!! (New Card is Being Produced)

08/18/2017 Approval Letter Received

08/21/2017 Green Card Received

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Once your father signed the I-864 and the Green card has been issued, it is no way out of it except for the conditions listed above.

Got it. Thank you for your clarification.

I do have couple more questions,

How do I count the house house size? I got a little confused on that part.

So I do not have enough income currently to sponsor my Fiancee (will be my wife soon) for the AOS so my father will be the joint sponsor.

1. my father and I need to fill out separate I-864 because I am still the main sponsor correct?

2. on my fathers I-864 form. How do I count the Household size?

My mother is a dependent on my father's tax return.

So does that mean the household size will be 3? (My Father, my mother, and my Fiancee/Wife)

or my father will be sponsoring me as well because I do not meet the poverty guideline this year?


03/14/2016 I-129F Sent Through USPS

03/15/2016 Packet Delivered to USCIS (Lewisville, TX)

03/18/2016 NOA 1 Text & Email. Case Sent to CSC

03/24/2016 NOA 1 Hard Copy Received

06/16/2016 NOA 2 Approved!!!

06/20/2016 NOA 2 Hard Copy Received

07/15/2016 NVC Case Received

07/18/2016 Case Number Assigned

07/19/2016 Case In Transit to South Korea

07/25/2016 Case Arrived at US Embassy in South Korea

08/29/2016 DS160 Submitted and Interview Date Assigned 12/01/2016 ***Earliest Date Available***

09/30/2016 Found an Earlier Interview Date Available Online 11/04/2016

11/04/2016 Interview! VISA Approved!!!

12/22/2016 POE Dallas (It took 5 minutes.)

 

04/26/2017 I-485 Package Sent Through USPS

04/27/2017 Package Delivered to USCIS (Chicago, IL)

05/17/2017 NOA1 Text Notification Received

05/20/2017 NOA1 Hard Copy Received (I-485 & I-131)

05/27/2017 Biometrics Letter Received (06/07)

06/07/2017 Biometrics Done

06/21/2017 Case Updated!! (Ready To Be Scheduled For An Interview)

07/13/2017 I-485 Interview Letter Received (08/14 at 1pm)

08/14/2017 Approved!!!!!!!!! (New Card is Being Produced)

08/18/2017 Approval Letter Received

08/21/2017 Green Card Received

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Got it. Thank you for your clarification.

I do have couple more questions,

How do I count the house house size? I got a little confused on that part.

So I do not have enough income currently to sponsor my Fiancee (will be my wife soon) for the AOS so my father will be the joint sponsor.

1. my father and I need to fill out separate I-864 because I am still the main sponsor correct?

2. on my fathers I-864 form. How do I count the Household size?

My mother is a dependent on my father's tax return.

So does that mean the household size will be 3? (My Father, my mother, and my Fiancee/Wife)

or my father will be sponsoring me as well because I do not meet the poverty guideline this year?

You are still the main sponsor for your wife, so you have to fill up I-864 for household size of 2 (you + intending immigrant wife)

Your father is the joint sponsor, he has to fill up I-864 -> household size of 3 (your father, mother and intending immigrant wife).


Done with K1, AOS and ROC

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You are still the main sponsor for your wife, so you have to fill up I-864 for household size of 2 (you + intending immigrant wife)

Your father is the joint sponsor, he has to fill up I-864 -> household size of 3 (your father, mother and intending immigrant wife).

Thank you so much!!!!


03/14/2016 I-129F Sent Through USPS

03/15/2016 Packet Delivered to USCIS (Lewisville, TX)

03/18/2016 NOA 1 Text & Email. Case Sent to CSC

03/24/2016 NOA 1 Hard Copy Received

06/16/2016 NOA 2 Approved!!!

06/20/2016 NOA 2 Hard Copy Received

07/15/2016 NVC Case Received

07/18/2016 Case Number Assigned

07/19/2016 Case In Transit to South Korea

07/25/2016 Case Arrived at US Embassy in South Korea

08/29/2016 DS160 Submitted and Interview Date Assigned 12/01/2016 ***Earliest Date Available***

09/30/2016 Found an Earlier Interview Date Available Online 11/04/2016

11/04/2016 Interview! VISA Approved!!!

12/22/2016 POE Dallas (It took 5 minutes.)

 

04/26/2017 I-485 Package Sent Through USPS

04/27/2017 Package Delivered to USCIS (Chicago, IL)

05/17/2017 NOA1 Text Notification Received

05/20/2017 NOA1 Hard Copy Received (I-485 & I-131)

05/27/2017 Biometrics Letter Received (06/07)

06/07/2017 Biometrics Done

06/21/2017 Case Updated!! (Ready To Be Scheduled For An Interview)

07/13/2017 I-485 Interview Letter Received (08/14 at 1pm)

08/14/2017 Approved!!!!!!!!! (New Card is Being Produced)

08/18/2017 Approval Letter Received

08/21/2017 Green Card Received

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