co-sponsor (split topic)

[TWISTIE 30]

On 6/27/2021 at 5:00 PM, Jorgedig said:

Yep.  And same with the I-864s when it comes time to AOS.

I thought a co-sponsor comes into play only for Immigrant visa and only on form I-864...So, you are stating that a co-sponsor could be joined for I-134 as well for K-1 visa?

[TWISTIE 30]

On 6/15/2021 at 7:00 PM, KayDeeCee said:

1. Just because someone lives in the same house, does not mean they must be counted in the household size for affidavit of support. Only the spouse and dependents listed on most recent tax return. I-134 doesn't have great instructions, but the I-864 instructions tell you how to count household size. It sounds like 5 perhaps, himself, wife, 2 dependents and person being sponsored.

 

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under 21 years of age, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with Form I-864 or Form I-864 EZ, Affidavit of Support Under Section 213A of the INA, whom you are still obligated to support.

 

2. Household of 5 will need $38,800 > https://www.uscis.gov/i-864p

 

3. Do you file taxes on the income from your father? Anyway to prove that income? If so, list on your I-134 and provide your proof. And yes, he provides his most recent tax return(and previous years if it will help prove his income) and any other documentation for other income/assets. 

 

Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.

 

You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.

 

Can you PLEASE clarify this- I thought that a co-sponsor could come into play only for immigrant visa and thru only form I-864...so, you are saying that a co-sponsor could also furnish form I-134 if primary sponsor doesn’t work or doesn’t make required income? If so, then is it vary by consulate to consulate, or varies by Consular officer to consular officer? Or it is allowed by matter of law?

 

Also, can you PLEASE tell me if primary sponsor can use his/her foreign homes as an asset for the purpose of I-134 or I-864? If so, then what are needed other than evidence of the ownership of the house? How to get appraiser and from whom? And since there is no any loan, mortgage, lien on the home then how to prove it?

 

Don’t you think consular officer will anyway ask from US citizen’s fiancé during the interview as to what your fiancé do if primary sponsor doesn’t work and doesn’t have any income and not disabled and young??? Don’t you think it will look bad as to what this young primary sponsor does if he doesn’t work especially being young and never worked before...and how s/he supports himself/herself???

[SalishSea 17,921]

43 minutes ago, TWISTIE said:

I thought a co-sponsor comes into play only for Immigrant visa and only on form I-864...So, you are stating that a co-sponsor could be joined for I-134 as well for K-1 visa?

Depends entirely on the consulate.

[TWISTIE 30]

1 minute ago, Jorgedig said:

Depends entirely on the consulate.

Thank you...By the way, have you seen over this site of people getting approved with a co-sponsor on I-134? I just joined this site, so didn’t read much postings yet...Tnx

[SalishSea 17,921]

36 minutes ago, TWISTIE said:

 

Can you PLEASE clarify this- I thought that a co-sponsor could come into play only for immigrant visa and thru only form I-864...so, you are saying that a co-sponsor could also furnish form I-134 if primary sponsor doesn’t work or doesn’t make required income? If so, then is it vary by consulate to consulate, or varies by Consular officer to consular officer? Or it is allowed by matter of law?

 

Also, can you PLEASE tell me if primary sponsor can use his/her foreign homes as an asset for the purpose of I-134 or I-864? If so, then what are needed other than evidence of the ownership of the house? How to get appraiser and from whom? And since there is no any loan, mortgage, lien on the home then how to prove it?

 

Don’t you think consular officer will anyway ask from US citizen’s fiancé during the interview as to what your fiancé do if primary sponsor doesn’t work and doesn’t have any income and not disabled and young??? Don’t you think it will look bad as to what this young primary sponsor does if he doesn’t work especially being young and never worked before...and how s/he supports himself/herself???

Yes, I do think those could be issues.  The CO is not obligated to approve any joint sponsor - it is discretionary.  The public charge inadmissibility is based on the totality of circumstances, not numbers on paper.

 

@pushbrk would be a good one to answer about the foreign assets.  

[SalishSea 17,921]

18 minutes ago, TWISTIE said:

Thank you...By the way, have you seen over this site of people getting approved with a co-sponsor on I-134? I just joined this site, so didn’t read much postings yet...Tnx

Which consulate?  Please fill in your timeline here to get the best answers.

[TWISTIE 30]

1 hour ago, Jorgedig said:

Which consulate?  Please fill in your timeline here to get the best answers.

I am a US citizen, and I will be dealing with US Consulate in India...

[TWISTIE 30]

2 hours ago, Jorgedig said:

Yes, I do think those could be issues.  The CO is not obligated to approve any joint sponsor - it is discretionary.  The public charge inadmissibility is based on the totality of circumstances, not numbers on paper.

 

@pushbrk would be a good one to answer about the foreign assets.  

Thank you...

[pushbrk 12,969]

3 hours ago, Jorgedig said:

Yes, I do think those could be issues.  The CO is not obligated to approve any joint sponsor - it is discretionary.  The public charge inadmissibility is based on the totality of circumstances, not numbers on paper.

 

@pushbrk would be a good one to answer about the foreign assets.  

First, let's clarify terms.  For an I-134, we speak of a "co-sponsor".  Allowed pretty much everywhere but Thailand and Philippines for a K1 visa.

 

For an I-864, the correct term is "Joint Sponsor".

 

There is no prohibition against using foreign assets but still a judgment call based on totality of circumstances.  To understand use of assets better, study that section of the I-864 instructions.  Pretty much the same judgment principles apply when using the I-134, BECAUSE in a K-1 case it is expected the I-864 will be used later anyway after marriage.  (When adjusting status after marriage)

[KayDeeCee 4,893]

5 hours ago, TWISTIE said:

 

Can you PLEASE clarify this- I thought that a co-sponsor could come into play only for immigrant visa and thru only form I-864...so, you are saying that a co-sponsor could also furnish form I-134 if primary sponsor doesn’t work or doesn’t make required income? If so, then is it vary by consulate to consulate, or varies by Consular officer to consular officer? Or it is allowed by matter of law?

 

Also, can you PLEASE tell me if primary sponsor can use his/her foreign homes as an asset for the purpose of I-134 or I-864? If so, then what are needed other than evidence of the ownership of the house? How to get appraiser and from whom? And since there is no any loan, mortgage, lien on the home then how to prove it?

 

Don’t you think consular officer will anyway ask from US citizen’s fiancé during the interview as to what your fiancé do if primary sponsor doesn’t work and doesn’t have any income and not disabled and young??? Don’t you think it will look bad as to what this young primary sponsor does if he doesn’t work especially being young and never worked before...and how s/he supports himself/herself???

Pushbrk already answered about the foreign assets, so I will just say that..

 

Yes, a joint/co-sponsor can be used with the I-134 for a K-1 visa, and yes, they have been accepted before. There isn't a law against it, nor one stating they must allow it either. It's going to be up to the sole discretion of the CO to make a decision based on the circumstances of your case.

 

The things you mentioned could very well be factors that the CO will be weighing when making their decision. 

 

You could try reading through the reviews for your consulate to see if people mention using assets and or a joint sponor and being approved. You can also ask about it in the regional forum pertaining to the country the visa interview will take place in.

[TWISTIE 30]

6 hours ago, pushbrk said:

First, let's clarify terms.  For an I-134, we speak of a "co-sponsor".  Allowed pretty much everywhere but Thailand and Philippines for a K1 visa.

 

For an I-864, the correct term is "Joint Sponsor".

 

There is no prohibition against using foreign assets but still a judgment call based on totality of circumstances.  To understand use of assets better, study that section of the I-864 instructions.  Pretty much the same judgment principles apply when using the I-134, BECAUSE in a K-1 case it is expected the I-864 will be used later anyway after marriage.  (When adjusting status after marriage)

Thank you so much, Pushbrk. It seems that it will always be a judgemental call when it comes to Affidavit of service as well as consular officer will weigh the totality of financial circumstances. Wow....Too much discretionary power to consular officers...

[TWISTIE 30]

4 hours ago, KayDeeCee said:

Pushbrk already answered about the foreign assets, so I will just say that..

 

Yes, a joint/co-sponsor can be used with the I-134 for a K-1 visa, and yes, they have been accepted before. There isn't a law against it, nor one stating they must allow it either. It's going to be up to the sole discretion of the CO to make a decision based on the circumstances of your case.

 

The things you mentioned could very well be factors that the CO will be weighing when making their decision. 

 

You could try reading through the reviews for your consulate to see if people mention using assets and or a joint sponor and being approved. You can also ask about it in the regional forum pertaining to the country the visa interview will take place in.

Thank you so much. One more question please, if anyone else could also share their views please.

 

If primary sponsor has no prior history of work at all (meaning no any tax returns/transcripts for the last 3/5 yrs)  AND s/he will be using only his/her one year’s work history with tax transcript whether as a self employed/working then would it be ok so long s/he is making required income? Thanks

 

 

[SalishSea 17,921]

4 hours ago, TWISTIE said:

Thank you so much, Pushbrk. It seems that it will always be a judgemental call when it comes to Affidavit of service as well as consular officer will weigh the totality of financial circumstances. Wow....Too much discretionary power to consular officers...

It is entirely appropriate for the consular officer to have that level of discretion, as the intending immigrant will not be eligible for any public assistance when they arrive.  Also, with the current processing times, K-1 visa holders face at least 8 months after arriving before they can legally work in the US.

[SalishSea 17,921]

4 hours ago, TWISTIE said:

Thank you so much. One more question please, if anyone else could also share their views please.

 

If primary sponsor has no prior history of work at all (meaning no any tax returns/transcripts for the last 3/5 yrs)  AND s/he will be using only his/her one year’s work history with tax transcript whether as a self employed/working then would it be ok so long s/he is making required income? Thanks

 

 

Current income is more important than past income, as only current income can be used to support the immigrant.

[pushbrk 12,969]

5 hours ago, Jorgedig said:

Current income is more important than past income, as only current income can be used to support the immigrant.

Correct, and to clarify.  If you had 50,000 in income for 2020 and lost your job last week, your current income is zero and you do not qualify.  On the other hand, if you earned nothing last week and started a new $50,000 a year job last month, your current income is $50,000 a year and you may well qualify on your own.