Qualified Joint Sponsor

[Sheila Mae 0]

Hi guys, good day! I had my interview last January 30, 2020 at the US embassy in Manila. The consul gave me 2 pamphlets already but when she reviewed our files, she noticed that my fiance did not meet the required income. So she gave me a 221g form asking for a "qualified joint sponsor". Now, we found a sponsor (my fiance's step dad). On his birth certificate, his name is "Lee Roy" but on most of his documents such as IRS tax transcripts and etc. his name is "Leroy" and this is what he's been using since then. The consul did not ask me to submit the sponsor's birth certificate however it was stated in the i-864 form that the joint sponsor needs to submit a proof of citizenship. Since my fiance's step dad has 2 different name spellings but it's just referring to one person, we are going to include an explanation letter that both names belong to him with his signature. Now, I am not so sure if what name should I put on the i-864 form, the correct spelling on his birth certificate or the wrong one (the one he is using and it matches to his name on his IRS transcript)? If someone can please advise, I would greatly appreciate it. Thank you so much!

[Greenbaum 12,259]

10 hours ago, Sheila Mae said:

Hi guys, good day! I had my interview last January 30, 2020 at the US embassy in Manila. The consul gave me 2 pamphlets already but when she reviewed our files, she noticed that my fiance did not meet the required income. So she gave me a 221g form asking for a "qualified joint sponsor". Now, we found a sponsor (my fiance's step dad). On his birth certificate, his name is "Lee Roy" but on most of his documents such as IRS tax transcripts and etc. his name is "Leroy" and this is what he's been using since then. The consul did not ask me to submit the sponsor's birth certificate however it was stated in the i-864 form that the joint sponsor needs to submit a proof of citizenship. Since my fiance's step dad has 2 different name spellings but it's just referring to one person, we are going to include an explanation letter that both names belong to him with his signature. Now, I am not so sure if what name should I put on the i-864 form, the correct spelling on his birth certificate or the wrong one (the one he is using and it matches to his name on his IRS transcript)? If someone can please advise, I would greatly appreciate it. Thank you so much!

The father submits the same forms that are required of the petitioner and form I-864 is not the form to use. Instead, he should use I-134. He won't be required to submit a BC so no worries about Le Roy. A normal financial looks like this.

 

EVIDENCE OF SUPPORT: You must submit any evidence which will show that you and members of your family who will accompany you are not likely to become public charges while in the United States. Visa petitioner (US Citizen) will have to complete form I-134. If the petitioner does not qualify as a sponsor, a Joint-Sponsor should ALSO be presented (any US Citizen living in the US or Legal Permanent Resident), who will also have to complete form I-134. Both, the Sponsor (Petitioner) as well as the Joint-Sponsor, will have to present last year's income tax return transcripts. W2 form and proof of current and sustainable income (e.g letter of employment on letterhead including salary and start date, most recent salary receipts, bank accounts, the value of properties, etc.). You may download the I-134 affidavit at https://www.uscis.gov/i-134 Get the IRS transcript in place of the actual 1040 here: https://www.irs.gov/Individuals/Get-Transcript Use this link to determine the income levels needed https://www.uscis.gov/i-864p.

[Sheila Mae 0]

1 hour ago, Greenbaum said:

The father submits the same forms that are required of the petitioner and form I-864 is not the form to use. Instead, he should use I-134. He won't be required to submit a BC so no worries about Le Roy. A normal financial looks like this.

 

EVIDENCE OF SUPPORT: You must submit any evidence which will show that you and members of your family who will accompany you are not likely to become public charges while in the United States. Visa petitioner (US Citizen) will have to complete form I-134. If the petitioner does not qualify as a sponsor, a Joint-Sponsor should ALSO be presented (any US Citizen living in the US or Legal Permanent Resident), who will also have to complete form I-134. Both, the Sponsor (Petitioner) as well as the Joint-Sponsor, will have to present last year's income tax return transcripts. W2 form and proof of current and sustainable income (e.g letter of employment on letterhead including salary and start date, most recent salary receipts, bank accounts, the value of properties, etc.). You may download the I-134 affidavit at https://www.uscis.gov/i-134 Get the IRS transcript in place of the actual 1040 here: https://www.irs.gov/Individuals/Get-Transcript Use this link to determine the income levels needed https://www.uscis.gov/i-864p.

Thanks for your reply, Greenbaum but in the 221g form it was specified that my fiance and I need to complete the i-864 form (joint sponsor). Can you please explain further why we need to complete the i-134 instead? Thank you.

[Greenbaum 12,259]

1 hour ago, Sheila Mae said:

Thanks for your reply, Greenbaum but in the 221g form it was specified that my fiance and I need to complete the i-864 form (joint sponsor). Can you please explain further why we need to complete the i-134 instead? Thank you.

My good friend @Hank_ is an expert for all things dealing with the embassy. I am aware that the financials that are asked for in a general submission is the I-134. When you receive a 221(g) it now may have changed that they require the I-864. Hank will know how to help you as I am sure he has seen it before.

[geowrian 22,337]

An I-864 does not apply to a K-1 applicant. I'm assuming they are using the generic 221(g) form.

A K-1 is handled by the immigrant visa (IV) unit at the consulate, despite being a non-immigrant visa (NIV). IVs use the I-864.

 

From the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

Quote

(b)  (U) If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:

(i)     (U) Returning resident applicants (SBs);

(ii)    (U) Diversity visa applicants (DVs); and

(iii)    (U) Fiancé(e)s (K-1s or K-3s).

 

[Greenbaum 12,259]

2 minutes ago, geowrian said:

An I-864 does not apply to a K-1 applicant. I'm assuming they are using the generic 221(g) form.

A K-1 is handled by the immigrant visa (IV) unit at the consulate, despite being a non-immigrant visa (NIV). IVs use the I-864.

 

From the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

I agree with you. It threw me for a loop but it's not the first time I have heard this.

[geowrian 22,337]

2 minutes ago, Greenbaum said:

I agree with you. It threw me for a loop but it's not the first time I have heard this.

As I've seen you say, he with the gold makes the rules. If they really want it, then one will likely need to be produced.

But I'm assuming it is just a generic form or oversight...Manila regularly accepts the I-134 (when it is even requested).

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Hank_ 9,174]

On 2/3/2020 at 10:21 PM, Sheila Mae said:

Hi guys, good day! I had my interview last January 30, 2020 at the US embassy in Manila. The consul gave me 2 pamphlets already but when she reviewed our files, she noticed that my fiance did not meet the required income. So she gave me a 221g form asking for a "qualified joint sponsor". Now, we found a sponsor (my fiance's step dad). On his birth certificate, his name is "Lee Roy" but on most of his documents such as IRS tax transcripts and etc. his name is "Leroy" and this is what he's been using since then. The consul did not ask me to submit the sponsor's birth certificate however it was stated in the i-864 form that the joint sponsor needs to submit a proof of citizenship. Since my fiance's step dad has 2 different name spellings but it's just referring to one person, we are going to include an explanation letter that both names belong to him with his signature. Now, I am not so sure if what name should I put on the i-864 form, the correct spelling on his birth certificate or the wrong one (the one he is using and it matches to his name on his IRS transcript)? If someone can please advise, I would greatly appreciate it. Thank you so much!

 

 

As for the I-864 versus the I-134 ... you provide what is stated on the 221g.

 

For proof of citizenship you could include a copy of the bio page of your step-father's passport instead of the birth certificate (if he has a passport).   If no passport, then writing a letter explaining the person is one in the same may be adequate, no one knows for certain how the CO will react.

Edited February 10, 2020 by Hank_