Use of friend as co sponsor

[ScorpionArcher 0]

Hi everyone!

 

My partner and I are looking at finally closing the gap and applying for the K1 visa so I can be with him.

 

He is currently unemployed though. He has a best friend that he has known for 20+ years that makes way over the 125% required (he makes around 40k each year). This friend has agreed to be the co sponsor for us.

 

My only question is will this really affect my chances of being approved? Should I just wait until my partner has a job?

 

I read a post about someone going to Sydney consulate (about 6 years ago) and they got denied for K1 because they used a friend as a co sponsor. They were told that it had to be a family member, that a friend couldn't be relied on etc.

 

I'm just wondering how likely it would be for me to get denied and if anyone else has had experience in going through Sydney with their partner's friend as their co sponsor. I'm so worried that if I apply now it will just lead to denial and be a big waste of time

Edited August 23, 2018 by Togekip

[Roel 7,191]

As long as the friend is either green card holder or US citizen, you are fine. 

[ScorpionArcher 0]

25 minutes ago, Roel said:

As long as the friend is either green card holder or US citizen, you are fine. 

This gives me some hope! I still have terrible anxiety over it though because of one person's experience 6 years ago. A lot can change in 6 years though

[Chris Duffy 1,256]

The I-134 is just a scam used by USCIS.  

 

Some embassies don't even ask for it, some accept co sponsor, some embassies let the beneficiaries use their own assets or income.

 

Just play the game

[ScorpionArcher 0]

25 minutes ago, Chris Duffy said:

The I-134 is just a scam used by USCIS.  

 

Some embassies don't even ask for it, some accept co sponsor, some embassies let the beneficiaries use their own assets or income.

 

Just play the game

So are you saying just go for it? 

[Lemonslice 4,603]

By the time you have your interview, your fiancé  will most probably have found a job for himself.

[LeesaMarie 206]

I appreciate all consulates are different, but at London, the CO said they are less concerned about the I-134 with K1's, as you go through this in more detail for the AOS process after you're married to get your green card, at which point if I've read everything correctly you'll need 3 years worth of Tax returns. Someone please correct me if that's wrong though!  

[Chris Duffy 1,256]

4 hours ago, Togekip said:

So are you saying just go for it? 

Yep

 

The I-134 is a non binding document, basically a hoop for someone to jump thru.  I have seen immigration lawyers be the co sponsor.

 

In Philippines at the US Embassy they haven't requested a I-134 for a few years now, even had the CO tell some applicants it was never really needed in the first place for a K1

[ScorpionArcher 0]

12 hours ago, Lemonslice said:

By the time you have your interview, your fiancé  will most probably have found a job for himself.

What are the rules around this exactly? For example, would it matter at the time of the interview if my fiancé  had only been working for a few months? What if he had been working for a short period where he can't show tax returns etc yet? Is it best for him to work for a year so he can produce a tax return before I have the interview etc? Sorry, I have so many worries!

[Touch of Treble 39]

Hello,

just to add a little practicality here for you to consider-there is no social security, medicaid- health care or support for you at all for 10 years once you land in US. If you do have to go on some sort of payment of support from the government, the government will ask your sponsor to pay that money back.

So in applying for the K1, you may get accepted without a problem, but you might need to consider saving a significant amount of money to transfer for yourself to live on, before you arrive in the States.

[geowrian 22,336]

58 minutes ago, Touch of Treble said:

just to add a little practicality here for you to consider-there is no social security, medicaid- health care or support for you at all for 10 years once you land in US. If you do have to go on some sort of payment of support from the government, the government will ask your sponsor to pay that money back.

So in applying for the K1, you may get accepted without a problem, but you might need to consider saving a significant amount of money to transfer for yourself to live on, before you arrive in the States.

A couple clarifications...

1. There is no "10 years" limit. The requirement for several benefits requires 40 qualifying quarters of work. That can be obtained in 5 years or less if you can claim somebody else's credits as well as your own, or it could be never if one does not work and cannot claim anyone else's credits.
2. Healthcare support is available in many circumstances. Only specific programs such as Medicaid might be limited (federal dollars are prohibited for 5 years, but state & local dollars are permitted).
3. The repayment only applies to certain means tested benefits. See https://www.uscis.gov/i-864p.

[<3T&M<3 217]

5 hours ago, geowrian said:

A couple clarifications...

1. There is no "10 years" limit. The requirement for several benefits requires 40 qualifying quarters of work. That can be obtained in 5 years or less if you can claim somebody else's credits as well as your own, or it could be never if one does not work and cannot claim anyone else's credits.
2. Healthcare support is available in many circumstances. Only specific programs such as Medicaid might be limited (federal dollars are prohibited for 5 years, but state & local dollars are permitted).
3. The repayment only applies to certain means tested benefits. See https://www.uscis.gov/i-864p.

Geo, thank you for this!

How can you claim another persons credits?

Also, I looked at the 864p... how can we find out which exactly are considered "means tested?

My brother may be sponsoring my fiancé and he is really wanting as much information about all of the specifics as he can get!

but this is a great start!

Edited August 28, 2018 by <3T&M<3

[TM92 527]

21 hours ago, <3T&M<3 said:

How can you claim another persons credits?

See https://www.***removed***/affidavit-of-support/exemptions-exceptions.html

[SalishSea 16,943]

On 8/23/2018 at 1:35 AM, Togekip said:

Hi everyone!

 

My partner and I are looking at finally closing the gap and applying for the K1 visa so I can be with him.

 

He is currently unemployed though. He has a best friend that he has known for 20+ years that makes way over the 125% required (he makes around 40k each year). This friend has agreed to be the co sponsor for us.

 

My only question is will this really affect my chances of being approved? Should I just wait until my partner has a job?

 

I read a post about someone going to Sydney consulate (about 6 years ago) and they got denied for K1 because they used a friend as a co sponsor. They were told that it had to be a family member, that a friend couldn't be relied on etc.

 

I'm just wondering how likely it would be for me to get denied and if anyone else has had experience in going through Sydney with their partner's friend as their co sponsor. I'm so worried that if I apply now it will just lead to denial and be a big waste of time

In all honesty, I can't imagine going through immigration (as the petitioner) whilst unemployed, unless one had enough savings.  It is an expensive process, and with the K-1, the beneficiary will be unable to work for several months after POE.

[geowrian 22,336]

On 8/28/2018 at 2:04 AM, <3T&M<3 said:

How can you claim another persons credits?

Also, I looked at the 864p... how can we find out which exactly are considered "means tested?

The credits item was answered above. Basically, while married, you can claim a spouse's credits. Or if you are a child, you can claim a parent's credits.

 

The main list is on the I-864p page. Specific programs outlined there are considered means tested. Some state programs may fall under this since they get federal dollars as well. The state should have documentation of which programs that includes. Unfortunately, there is no combined list of these across states AFAIK.