I-864A Cosponsoring Question Regarding Cosponsor's Income

[homerjay1011]

Hi everyone,

 

So, I'm currently employed, but will be moving to China in March to be there through the rest of the K-1 process (We submitted 7/29/17, NOA1 8/1/17). So, I won't have income once the interview finally rolls around (fingers crossed it's in May!).

 

Since I won't have income, I will be asking my father to be a cosponsor. For the past year, he has been working on starting a new company. I believe he has been receiving a salary since June 2017. Is this long enough? Is there a requirement for a length of time he needs to have been working?

 

In the past 3 years, he has changed jobs twice and there may have been a gap in income. Will this be a problem?

 

If any of this is dicey, is it acceptable to have to cosponsors? We have a mutual friend who would happily be a cosponsor if needed.

 

As always, thanks for the help! Everyone has been so nice and helpful!

[dnoblett]

K-1 visa is a Non Immigrant visa, and as such does not use the I-864 or I-864A, you will provide an I-134 and your joint sponsor will also provide an I-134 affidavit of support, you should use the same sorts of financial vidence as you would and will later use for the I-864 when applying to adjust status in the states after marriage.

 

If moving to China in March, why not simply marry there and file for a spouse visa to the consulate, the fees at less, and spouse once arguing in the states would immediately get green card status allowing work and travel. This type of filing tends to process in less than 4 months.

[homerjay1011]

Hi! Thanks for the help!

 

My brain wasn't working and I assumed the same form would be used for the K-1. Silly me!

 

Having looked at whats required for the I-134, it looks like everything would be fine. Do you or anyone else know whether or not length of employment or employment gaps will affect approval of the application?

 

Regarding DCF, I really wish I had known about it months earlier. But, at this point, based on timelines, we're about to get out NOA2 and I don't think it would change our timeline very much if we did DCF in March. It may even add a month to the process. I do appreciate the advice though and I would certainly recommend DCF to anyone else going through the process.

 

Thanks again!

[dnoblett]

Having looked at whats required for the I-134, it looks like everything would be fine. Do you or anyone else know whether or not length of employment or employment gaps will affect approval of the application?

Gaps in your employment will have no effect on approval, the consulate is only concerned with how the sponsored immigrant will be supported if your employment record and status does not satisfy them they will ask you to get a joint sponsor.

 

Also, the consulate treats the I-134 like an I-864 and tends to require the same kinds of financial evidence attached to the I-134.

• Past 3 years IRS returns or transcripts
• Recent Pay stubs
• Letter from current employer stating job status, approx income level, what you do.

Study the I-864 instructions and use what the instructions as a guide as to what to attach to the I-134.

[homerjay1011]

Awesome! Thanks so much!

 

I am wondering about how I fill out the I-134 since I won't be employed. I feel like most of it will just be left blank...

[dnoblett]

Awesome! Thanks so much!

 

I am wondering about how I fill out the I-134 since I won't be employed. I feel like most of it will just be left blank...

 

On the line about employment state "Unemployed"

[homerjay1011]

I have the option of

 

"I am currently:

 

Employed as an:

 

Name of Employer (if applicable)

 

Self-employed as an:"

 

No exact section for unemployed. I'm thinking I will just put "self-employed as an unemployed."

[dnoblett]

Check Self-Employed and in box asking doing what simply state "Unemployed"

[homerjay1011]

Yeah that makes the most sense. I feel like I'm asking dumb questions, but it's just because I really don't want to mess anything up with this whole process.

 

Thanks so much for the help!

[homerjay1011]

Hi everyone,

 

So I was just reading posts in the interview results section, as we’re getting close to my fiancée’s interview. The post said that their father was his co-sponsor but his father joint files taxes with his mom even though his mother doesn’t work. They said that his mom also had to fill out an I-834a.

 

My father is also my cosponsor and my mother joint files taxes with him despite not working herself. Does that mean I need her to fill out an I-134 too?

[dnoblett]

Hi everyone,

 

So I was just reading posts in the interview results section, as we’re getting close to my fiancée’s interview. The post said that their father was his co-sponsor but his father joint files taxes with his mom even though his mother doesn’t work. They said that his mom also had to fill out an I-834a.

 

My father is also my cosponsor and my mother joint files taxes with him despite not working herself. Does that mean I need her to fill out an I-134 too?

Fiancee K-1 is a NON-Immigrant visa which uses only the I-134 not the I-864 in this case father providing an I-134 as a joint sponsor should be sufficient if his spouse is unemployed.

 

Later in the states when filing the I-485 to adjust status after marriage the I-864 will be used to sponsor the green-card, at that time is still using a parent as a Joint sponsor the parent's spouse can also provide the I-864A if their income is to be added to that of the joint sponsor, and again if the spouse has no income the I-864A probably will not be needed.

[homerjay1011]

Perfect! Thank you so much as always dnoblett!!