I-134 Affidavit of Support Co-Sponsor questions/clarification??

[Cottager 16]

Hey Everyone! I'm the beneficiary and we just got our NOA2 approval! We began working on the I-134 sheet early because of our situation and because you all advised us to be prepared.

 

Here's the background:

 

I am a self-employed fiance coming from Canada (born here). My fiancee is born US citizen and is currently in medical school in the US, so she doesn't have any income aside from her loans, which I assume obviously don't count for anything. She will be starting her residency two years from now when she will earn an income. Her mother is happy to sponsor me and earns above the AOS requirement of 1.5x the poverty line, which you advised shooting for.

 

A few questions:

- Does my fiancee have to apply to be the sponsor? Or can her mother be the only sponsor? 

- If it has to be a co sponsor, how exactly does this work and does it affect the necessary values?

- Her mother's assets are shared with her father. Should these assets be included on the form in full? Divided by two?

 

I'm not sure if it's an irregular case to have a fiancee that is a student - I can't imagine it's THAT irregular... just want some help as we don't want to mess it up and you all have been so helpful so far!

 

Happy to provide any more necessary info.

 

Thanks, and good luck to everyone else who is going through this!

 

Edited October 22, 2017 by Cottager

[NikLR 13,232]

1) your fiancee must always be the primary sponsor.  Her mother can be the co-sponsor for the I-134 and the joint sponsor for the I-864.

 

2) if her income is over the poverty guidelines for her, her spouse, any minor children, any dependents, and you, then she qualifies.  She can add assets as well if she doesn't meet the income guidelines but they must be 5x the dollar value difference.

 

3) the father should supply an I-864a to the mother's I-864 when you AOS or else use the full value and have the father also sign a completed I-134 with the mother's I-134.

 

It's not that irregular but you must consider how you two will live when neither of you make any money.  You cannot work, not even self employed work for about 4 months after sending off the AOS paperwork. 

[Dohan 133]

1) Does my fiancee have to apply to be the sponsor? Or can her mother be the only sponsor? 

 

Your fiancee will be listed as the main sponsor, and she will complete the necessary forms. Her mother cannot be the only sponsor, she can only be the co-sponsor because your fiancee is the one who has petitioned for you. Her mother will also have to complete the necessary forms.

 

2) If it has to be a co sponsor, how exactly does this work and does it affect the necessary values?

The mother will complete the form, she will mark herself as the co-sponsor, and attach proof of income, usually tax return forms and letter from employer (if she works), together with the 3 most recent paystubs is sufficient. I am not sure what you mean by "affect the necessary values". Her income will also have to be above the required poverty lines, keeping in mind that her household has 2 people, plus you so the total on her form will be 3 people. So she has to earn enough for a household of 3 people.

 

3) Her mother's assets are shared with her father. Should these assets be included on the form in full? Divided by two?

 

You do not need to include assets, such as savings accounts, and value of a home, etc if her income alone is sufficient. Nothing is divided.

 

Hope this helps answer your question.

[Cottager 16]

2 minutes ago, NikLR said:

1) your fiancee must always be the primary sponsor.  Her mother can be the co-sponsor for the I-134 and the joint sponsor for the I-864.

 

2) if her income is over the poverty guidelines for her, her spouse, any minor children, any dependents, and you, then she qualifies.  She can add assets as well if she doesn't meet the income guidelines but they must be 5x the dollar value difference.

 

3) the father should supply an I-864a to the mother's I-864 when you AOS or else use the full value and have the father also sign a completed I-134 with the mother's I-134.

 

It's not that irregular but you must consider how you two will live when neither of you make any money.  You cannot work, not even self employed work for about 4 months after sending off the AOS paperwork. 

Thanks. I have savings that I'm bringing with me (about $15K CAD) and she is in a low cost of living area where her loans are sufficient to pay all necessary expenses. I've been saving up for that waiting period and beyond even if there is difficulty in the process, or in finding work after I've got my AOS. 

 

Her mother lives with her husband who also has income. No other dependants there. 

 

So I'm gathering from this that her mother's income should be sufficient? Have her sign and complete the I-134 form with tax returns, income statement, letter from employer? Would assets even be required in this case or could that just be left blank?

 

And I'm assuming then that my fiancee's form is essentially just a formality?

[NikLR 13,232]

I would leave the assets blank or n/a if income suffices for 3 people  (provided she doesnt claim your fiancee on her tax return.)

 

The I-134 really is just a formality and isnt enforceable unlike the I-864.  But even then should you use means tested benefits they will always sue the primary sponsor first before going after a joint sponsor.