Co-Sponsor Requirements

[spasiba 1]

Hello,

I was wondering what the requirements are for a co-sponsor in a marriage context.  My future spouse is a Ukrainian citizen and we are in the process of filling out the forms to send to USCIS.  I do not make the minimum salary of $19,662 so I am told I need a sponsor.  I was going to ask my father but he is still deciding and we do not have too much time since her visa is expiring soon.  Before we ask some close friends of ours to help, I just wanted to clarify what the minimum salary of a co-sponsor must be and other requirements in order for them to legally sponsor us.

Thank you!

 

K and N

[aleful 1,905]

same as yours, and the amount depends on their household size

 

if the person is married, married, with dependent children, children or parents that are their dependents

 

you always will be the primary sponsor and will fill out an affidavit of support, regardless of what you make, you will need a joint sponsor

 

and be a USC or LPR

 

Edited August 5, 2017 by aleful

[Sunnyland 639]

OP, what visa are we talking about? And when is expiring? 

[EG&XY 144]

Sorry, ignore my previous post, I have edited it since I realized after posting what the situation was.

 

 

49 minutes ago, spasiba said:

Hello,

I was wondering what the requirements are for a co-sponsor in a marriage context.  My future spouse is a Ukrainian citizen and we are in the process of filling out the forms to send to USCIS.  I do not make the minimum salary of $19,662 so I am told I need a sponsor.  I was going to ask my father but he is still deciding and we do not have too much time since her visa is expiring soon.  Before we ask some close friends of ours to help, I just wanted to clarify what the minimum salary of a co-sponsor must be and other requirements in order for them to legally sponsor us.

Thank you!

 

K and N

 

@Sunnyland

She is in the US on a F1 and in OPT. They are looking to marry and adjust status.

 

 

@spasiba

Would you have enough assets? I am guessing not, but if you did then you could use those to meet the minimum requirements (but the threshold is different). Otherwise aleful gave you the information you are seeking, they must be a USC or LPR and they have to meet the same requirements depending on their household size.

Edited August 5, 2017 by EG&XY

[CEE53147 559]

Any cosponsor needs to understand the commitment. I would not sponsor for anyone other than a child. Why will your father not assist you?

[spasiba 1]

2 hours ago, aleful said:

same as yours, and the amount depends on their household size

 

if the person is married, married, with dependent children, children or parents that are their dependents

 

you always will be the primary sponsor and will fill out an affidavit of support, regardless of what you make, you will need a joint sponsor

 

and be a USC or LPR

 

Thank you for the info

 

1 hour ago, CEE53147 said:

Any cosponsor needs to understand the commitment. I would not sponsor for anyone other than a child. Why will your father not assist you?

He hasn't met her yet.  He'll be visiting us on the 17th of August and her visa expires the 11th of August and her EAD card expires on the 28th of August (she is here via F1-OPT status).

Could you elaborate on the commitments of being a co sponsor?

[aleful 1,905]

Spoiler

 

what is your legal status? are you a US Citizen? if so, it doesn't matter that her visa expires, overstay is forgiven for those who entered legally and are married to a USC. the first thing you have to do is get married, live together and start getting together proof of bona fide marriage. that your marriage is real

 

so you have time to get together the adjustment of status packet. the commitments are the same as yours, if she incurs in means tested benefits, the government could go after you to get the money back. if you don't have the money, then they would go after your father. you are the primary sponsor as the petitioner regardless of what income you make and must fill out the i864. your father would fill out another i864 as your joint sponsor

 

the commitment is until she becomes a USC, dies, decides to return to her country and abandons the GC, or works 40 quarters the commitments are in the instructions of the i864, please read the instructions

[spasiba 1]

14 minutes ago, aleful said:

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what is your legal status? are you a US Citizen? if so, it doesn't matter that her visa expires, overstay is forgiven for those who entered legally and are married to a USC. the first thing you have to do is get married, live together and start getting together proof of bona fide marriage. that your marriage is real

 

so you have time to get together the adjustment of status packet. the commitments are the same as yours, if she incurs in means tested benefits, the government could go after you to get the money back. if you don't have the money, then they would go after your father. you are the primary sponsor as the petitioner regardless of what income you make and must fill out the i864. your father would fill out another i864 as your joint sponsor

 

the commitment is until she becomes a USC, dies, decides to return to her country and abandons the GC, or works 40 quarters the commitments are in the instructions of the i864, please read the instructions

Thank you, this is very helpful.  I'm a USC.  How I'm interpreting your answer is that once we get married at City Hall she'll have some time to fill out the AOS applications and mail them to USCIS.  I hear it is better to send these forms as early as possible in order to increase our chances of her getting approved to become a USC.

[EG&XY 144]

2 minutes ago, spasiba said:

Thank you, this is very helpful.  I'm a USC.  How I'm interpreting your answer is that once we get married at City Hall she'll have some time to fill out the AOS applications and mail them to USCIS.  I hear it is better to send these forms as early as possible in order to increase our chances of her getting approved to become a USC.

It doesn't really have anything to do with her chances of getting approved. Before she applies for the adjustment of status she could be deported, once she files she will be back in legal status since she had a pending application. Any time that she was out of status (after f1 expires and before she files) will be forgiven as long as she completes the adjustment of status and obtains the green card.

 

Just to be clear she is applying for a green card. She will not be eligible for citizenship until she has had the green card for 3 years (she can apply for citizenship after having the green card for 2 years and 9 months). And in between she will have to apply for a removal of conditions to change from a conditional green card to a permanent green card.