Co-sponsor not required?

[MateoSara 182]

My fiancée had her interview today and they never asked for nor looked at my Co-sponsors info. On my I-134 it showed my annual approximate to be below the required minimum for the K-1 visa due to being a university student. The CO didn't ask anything about it or stated anything and she was approved. I find this kinda odd, we had ALL the required Co-sponsor I-864a ready with all backing information but it was never used or asked for. 

[Ben&Zian 4,398]

6 minutes ago, mateotrujillo said:

My fiancée had her interview today and they never asked for nor looked at my Co-sponsors info. On my I-134 it showed my annual approximate to be below the required minimum for the K-1 visa due to being a university student. The CO didn't ask anything about it or stated anything and she was approved. I find this kinda odd, we had ALL the required Co-sponsor I-864a ready with all backing information but it was never used or asked for. 

 

They don't have to look at it technically. Perhaps they saw you were a student on the I-129f petition and felt comfortable knowing soon you'd make enough.

 

The Philippines is notorious for not ever asking for an I-134 even or at least, rarely and at random will they.

 

You will need the co-sponsor for the I-864 for AOS though. But as for now with approval, don''t worry about it, it's done with now so.

[debbiedoo 2,339]

perfect. some consulates dont really care. be prepared with a co sponsor though for AOS. They WILL care.

[John & Rose 7,239]

Congratulations!  The requirement is actually at the whim of the CO.  They can deny even if over the minimum.  It is completely their call.  You obviously showed the CO that you will be able to support your future wife.  

[MateoSara 182]

17 minutes ago, Ben&Zian said:

 

They don't have to look at it technically. Perhaps they saw you were a student on the I-129f petition and felt comfortable knowing soon you'd make enough.

 

The Philippines is notorious for not ever asking for an I-134 even or at least, rarely and at random will they.

 

You will need the co-sponsor for the I-864 for AOS though. But as for now with approval, don''t worry about it, it's done with now so.

Ahh okay gotcha... well since submitting the K1 that was my main concern, the poverty line guideline and requirement. But yeah I will use the same co-sponsor for the AOS.

 

Thanks!!

14 minutes ago, debbiedoo said:

perfect. some consulates dont really care. be prepared with a co sponsor though for AOS. They WILL care.

Thanks! Yeah for sure, I will just use the same Co-sponsor I was planning to use.

[MateoSara 182]

16 minutes ago, John & Rose said:

Congratulations!  The requirement is actually at the whim of the CO.  They can deny even if over the minimum.  It is completely their call.  You obviously showed the CO that you will be able to support your future wife.  

Thanks!! That was I was thinking, I had over prepaired her for that interview haha. They did ask her if I was a student and what I was studying for.. im guessing that why he asked!

[Laanie 13]

I thought that for a co sponsor fills out the I-134 form? No? 

[geowrian 22,337]

Exactly - the requirement is that the CO must believe the visa applicant will not become a public charge. The I-134 is just a formalized way for the petitioner to show this, but is not required.

For an immigrant visa or AOS, an I-864 is used and this form is actually required (and legally enforceable, unlike the I-134).

 

As a note, an I-864A doesn't apply for a co sponsor for a K-1 visa. It should have been an I-134 as well.

For AOS, you can use an I-864A for a qualifying family member in your residence to combine incomes. If this is not the case, it should be an I-864 instead.

Edited September 29, 2018 by geowrian

[MateoSara 182]

14 minutes ago, geowrian said:

Exactly - the requirement is that the CO must believe the visa applicant will not become a public charge. The I-134 is just a formalized way for the petitioner to show this, but is not required.

For an immigrant visa or AOS, an I-864 is used and this form is actually required (and legally enforceable, unlike the I-134).

 

As a note, an I-864A doesn't apply for a co sponsor for a K-1 visa. It should have been an I-134 as well.

For AOS, you can use an I-864A for a qualifying family member in your residence to combine incomes. If this is not the case, it should be an I-864 instead.

Wow.. are you serious?... omg im soooo soooo soooooo glad he didnt ask for a co-sponsor then because we had an I-864A ready and all the supporting documentation not another I-134

[geowrian 22,337]

11 minutes ago, MateoSara said:

Wow.. are you serious?... omg im soooo soooo soooooo glad he didnt ask for a co-sponsor then because we had an I-864A ready and all the supporting documentation not another I-134

It likely wouldn't matter too much since - as stated above - they look at the totality of the circumstances and it's just a formalized way to help make that evaluation. Worst case would have been a 221g for the correct document.

A handful of embassies/consulates request an I-864 either way, although this is not actually the correct form since an I-864 is for somebody who will become an LPR upon approval (K-1 is non-immigrant so this doesn't apply).

[MateoSara 182]

1 minute ago, geowrian said:

It likely wouldn't matter too much since - as stated above - they look at the totality of the circumstances and it's just a formalized way to help make that evaluation. Worst case would have been a 221g for the correct document.

A handful of embassies/consulates request an I-864 either way, although this is not actually the correct form since an I-864 is for somebody who will become an LPR upon approval (K-1 is non-immigrant so this doesn't apply).

But as you said I could still use this I-1864A for the AOS? I'm just waiting to graduate end of this year so I can work full-time which then I dont think I would need the Co-sponsor.. But that would be until December-January. We are planning on getting married early December.

[geowrian 22,337]

1 minute ago, MateoSara said:

But as you said I could still use this I-1864A for the AOS? I'm just waiting to graduate end of this year so I can work full-time which then I dont think I would need the Co-sponsor.. But that would be until December-January. We are planning on getting married early December.

If you live in the same residence and they are a qualifying family member, then an I-864A (household member agreement) for AOS is fine.

Otherwise, it's an I-864 as a joint sponsor.

Whichever one applies above (or if both, run the numbers) is absolutely fine to use for AOS.

[MateoSara 182]

1 minute ago, geowrian said:

If you live in the same residence and they are a qualifying family member, then an I-864A (household member agreement) for AOS is fine.

Otherwise, it's an I-864 as a joint sponsor.

Whichever one applies above (or if both, run the numbers) is absolutely fine to use for AOS.

Alright perfect... Thanks!!

[Boiler 45,670]

I self sponsored, they were not that interested at all, I spreadsheet-ed my assets, quick glance and that was it.