co-sponsor question

[Nathan]

A question for anyone out there, for the affidavit of support that goes with the embassy interview, to what extent will the staff want all the details of assets etc, if my tax statements clearly indicate enough income to be a co-sponsor?  I am hoping to save some hassle as time is short for me to get this out..

thanks in advance

Nathan

[Ray]

Nathan,

The number one thing they are interested in is verifiable income from current permanent employment. Besides complete copies of tax returns and W-2’s, they will want to see an employer letter and a few recent pay stubs to verify employment. If you are clearly over the minimum for the number of your dependents including those co-sponsored, then listing other assets is not usually necessary or requested. If your income is from sources other than full-time permanent employment, then you should probably list everything with supporting evidence.

Which type of visa is this for? For K-1 or K-3 visas, they only require the I-134 for petitioners and co-sponsors, but Manila often refuses to accept a co-sponsor for those visas. I think their reasoning is that if the petitioner doesn’t have sufficient income, then the likelihood of the applicant becoming a public charge is too high to approve the visa. By far the best option is for the petitioner to get his current income level up to par. They may allow a co-sponsor in some cases if the petitioner’s income is borderline and the co-sponsor is immediate family. For the I-134, the petitioner only has to meet 100% of the poverty level for his family size.

What is the income status of the petitioner?

Ray

[Nathan]

Thanks Ray...

    It is a fiance visa, and in Laos. The co-sponsor is needed and will show very low income as he has been overseas for years...that is the catch.
Long term fiance, already children(US citizens/passports) in the picture...

Thanks,

Nathan

[Ray]

OK, that explains a lot. At least you will only be co-sponsoring the fiancée and not the children.

Is the petitioner still living in Laos or has he already moved back to the States? If he is still living overseas, there may be domicile issues but I’m not sure how that applies to fiancée visas.

Let us know how the interview goes.

Ray

[Gary Bala]

A few comments which might be of interest on the issue of financial sponsorship under the Affidavit of Support.

1. Joint Sponsor vs. Co-Sponsor
Nathan's situation, if he is living in a separate household from the primary sponsor, is more accurately called a "joint sponsorship", rather than "co-sponsorship".  

"Joint sponsor" is a term which technically refers to a willing individual with "qualifying" income who resides in a separate household from the primary sponsor. The joint sponsor's income CANNOT be added to the primary sponsor's income to determine if the "qualifying" income level has been met.

The "joint sponsor" is equally liable in dollar amount with the primary sponsor for all obligations under the Affidavit, but is considered "secondarily" liable, meaning his liability follows behind the primary sponsor.
 
A "co-sponsor" typically refers to a willing individual residing in the same household as the primary sponsor. A "co-sponsor's" income CAN be added to the primary sponsor for purposes of determining if the "qualifying" income level has been met. Co-sponsors need to sign the I-865A Affidavit of Support Contract Between Sponsor and Household Member. Interestingly, the sponsored immigrant herself can be a "co-sponsor", if she resides in the primary sponsor's household, in which case any of her part-time or supplemental income can be added to the "qualifying" income total.

2. 2006 Federal Income Poverty Guidelines
The State Dept. just released its 2006 Federal Income Poverty Guidelines, effective at all Consular Posts, as of March 01, 2006.

http://travel.state.gov/visa/immigrants/info/info_1327.html

3. Seriousness and enforceability of the Affidavit of Support (I-864)
The financial obligations of the Affidavit of Support are serious and enforceable, whether it be primary sponsorship, joint sponsorship or co-sponsorship. It is an ENFORCEABLE contract by which a federal, state or local or sometimes private agency obtains a right of subrogation against the Affidavit signer for any monies paid to the immigrant, usually mean-tested welfare benefits, but sometimes certain other benefits.

In fact, the applicable regulation says that a private entity such as the sponsored immigrant herself can collect the 125% of the federal income poverty guideline as "daily living support". 8 CFR Part 231a.

Well, gentlemen, we now have what I believe is the first reported case on the topic of the enforceablity of the I-864 Affidavit. Late last year, the U.S. District Court for the Northern District of Indiana was faced with a lawsuit under the I-864 Affidavit of Support.

A lady Russian citizen sued her ex-husband for "daily living support" for the 125% of the guidelines. She entered on a Fiancee Visa and married her U.S. citizen husband, who signed the standard I-864 as a condition of the Adjustment of Status application.

The couple was married about a year. Kenneth's income was about $50,000 per year.

See: Olga STUMP vs. Kenneth STUMP, U.S.D.C. (N.D. Ind.), No. 1:04-CV-253-TS (2005 West Law 2757329 (N.D. Ind.) (Oct. 25, 2005).

Yes, after motions and a non-jury trial, the judge awarded Olga $18,813.87 (based on the total time the Affidavit was enforceable, namely Years 2003, 2004 & 2005).

In determining the final award however, the judge was kind enough [to Kenneth] to limit the houshold size to "one" since the immigrant Olga was living on her own at the time of the suit, and make a deduction for Olga's spousal maintenance and employment income.

Bottom line: Kenneth had to shell out $18+K. And the moral of the story: Sponsors of any kind, whether primary, joint or co-sponsor, should be prepared if it comes to that, to "pay the piper".

Good luck.