monkeyking Posted May 17, 2010 Report Share Posted May 17, 2010 What are a co-sponsor's obligations, and how long are they responsible for the person moving to the US? Link to comment
chilton747 Posted May 17, 2010 Report Share Posted May 17, 2010 For the I-134 or the I-864? Link to comment
monkeyking Posted May 17, 2010 Author Report Share Posted May 17, 2010 Sorry, I didn't specify that before. I'm guessing it would be the I-134? This is ultimately for a K-1 visa. Link to comment
Randy W Posted May 17, 2010 Report Share Posted May 17, 2010 The I-134 is simply an income statement, and a non-enforceable pledge to support the intending (non)immigrant (but NOT for Adjustment of Status - the I-864 is required there). The I-864 is a contract between the US Govt and the (co)sponsor that allows the government to consider their income for any means-tested benefits (welfare, and the Earned-income credit, etc.). No one has been ordered to cough up any money for the support of an immigrant, although it has been used as a piece of paper waved in front of a judge to draw larger alimony awards in divorce cases. Sponsor is number 1 in line, co-sponsor is number 2 - other than that, no difference, but I doubt that anyone has resorted to going after number 2. Link to comment
chilton747 Posted May 17, 2010 Report Share Posted May 17, 2010 Sorry, I didn't specify that before. I'm guessing it would be the I-134? This is ultimately for a K-1 visa. Since it is the I-134 then the responsibility would end with you filing the I-864 if you do not use the same co-sponsor. Link to comment
monkeyking Posted May 17, 2010 Author Report Share Posted May 17, 2010 The I-134 is simply an income statement, and a non-enforceable pledge to support the intending (non)immigrant (but NOT for Adjustment of Status - the I-864 is required there). The I-864 is a contract between the US Govt and the (co)sponsor that allows the government to consider their income for any means-tested benefits (welfare, and the Earned-income credit, etc.). No one has been ordered to cough up any money for the support of an immigrant, although it has been used as a piece of paper waved in front of a judge to draw larger alimony awards in divorce cases. Sponsor is number 1 in line, co-sponsor is number 2 - other than that, no difference, but I doubt that anyone has resorted to going after number 2. Oh boy. I guess I don't understand the difference between the two. So the I-134 is support for bringing the fiancee over, and the I-864 is support for changing the spouse's status? In each situation, what all does the co-sponsor agree to do, and in the case of the I-864, how long is the co-sponsor expected to be there? Link to comment
chilton747 Posted May 17, 2010 Report Share Posted May 17, 2010 The I-134 is simply an income statement, and a non-enforceable pledge to support the intending (non)immigrant (but NOT for Adjustment of Status - the I-864 is required there). The I-864 is a contract between the US Govt and the (co)sponsor that allows the government to consider their income for any means-tested benefits (welfare, and the Earned-income credit, etc.). No one has been ordered to cough up any money for the support of an immigrant, although it has been used as a piece of paper waved in front of a judge to draw larger alimony awards in divorce cases. Sponsor is number 1 in line, co-sponsor is number 2 - other than that, no difference, but I doubt that anyone has resorted to going after number 2. Oh boy. I guess I don't understand the difference between the two. So the I-134 is support for bringing the fiancee over, and the I-864 is support for changing the spouse's status? In each situation, what all does the co-sponsor agree to do, and in the case of the I-864, how long is the co-sponsor expected to be there? Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation. Link to comment
Randy W Posted May 17, 2010 Report Share Posted May 17, 2010 Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation. Quarters are counted at a max of 4 per year - so even if you and your spouse BOTH work during a year, it still only counts as 4 quarters. So 10 years is STILL 10 years, not matter whose income can be added into the picture. But the supported spouse need not be working during that time as long as the sponsoring spouse is. Incidentally, what counts is the total income for the year. Even if the minimum amount is earned in one day out of the year, it would still qualify for 4 quarters Link to comment
warpedbored Posted May 17, 2010 Report Share Posted May 17, 2010 The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.Or the sponsored immigrant becomes a naturalized citizen, Link to comment
dnoblett Posted May 17, 2010 Report Share Posted May 17, 2010 The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.Or the sponsored immigrant becomes a naturalized citizen, I thouhght he said that, Chilton's statement covered all the basis of satisfying the I-864, I usually us a 5 point list. Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.Although 40 qualifying quarters of work (credits) generally equate to ten years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work.The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation. Link to comment
monkeyking Posted May 18, 2010 Author Report Share Posted May 18, 2010 (edited) Since there are two points at which a sponsor must be declared, are the qualifications for those sponsors the same? Edited May 18, 2010 by monkeyking (see edit history) Link to comment
dnoblett Posted May 18, 2010 Report Share Posted May 18, 2010 Since there are two points at which a sponsor must be declared, are the qualifications for those sponsors the same?Yes, The consulate uses the I-864 as a yard-stick when they use the I-134 for the K-Visa. That is Income needs to exceed 125% poverty line, if assets are used the assets are valued at 1/3 income for primary sponsor, and 1/5 for co-sponsors. The consulate requires past year's IRS return or IRS transcript attached to the Affidavit of support. In some cases, a co-sponsor is needed for the visa, and then later when adjusting status, they may not need a joint sponsor due to an improvement in income. Link to comment
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