Questions about the responsibilities of Joint Sponsor

[yutekao 43]

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!

[teddy k 35]

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

[Suss&Camm 2,213]

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

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

[yutekao 43]

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.

[Merrytooth 5,748]

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.

[aaron2020 11,651]

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

40 qualifying quarters can be achieved in 5 years when both spouses are working.

[yutekao 43]

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 December 17, 2016 by yutekao

[Merrytooth 5,748]

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.

[yutekao 43]

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?

[Merrytooth 5,748]

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).

[yutekao 43]

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!!!!