co-sponsor

[Lori]

I have posted this question on several other boards, but no response. My co-sponsor has , in 1991, sponsored his wife and his children to come to the U.S. On the I-134 question #9 it states: I have previously submitted afftidavits of support for the following person(s) Name, relationship, date subitted. #10 I have submitted visa petitions to the INS on behalf of the following people, Name ,relationship, date submitted.
Now my question is should he answer yes, because he at one time DID sponsor his wife and kids here to america. Or should he just put Thai's name down, because he is the only person he is CURRENTLY going to sponsor?? There are only 2 lines for names, so it would be imposible to write his wife his children , plus Thai. I am sure no one here has the answer, but if we could discuss this and come up with a reasonable conclusion, that's the one I will go with.
I REALLY fear that if we put all the names down, he will be denied as a co-sponsor. But I can not find the answer to this anywhere, and I have been looking for it EVERYWHERE.

[Ray]

... in response to co-sponsor, posted by Lori on Nov 3, 2001

Lori,

What Taliman told you is essentially correct.

My understanding of the I-134 is that it isn’t legally enforceable and is not required by all consular posts. It is used mostly as a guideline for the consulate officer to determine that the immigrant will have someone responsible for his support until their status is adjusted to permanent resident. The newer I-864 affidavit of support is legally enforceable and will be required when you file for AOS after you are married. The I-864 has much clearer guidelines to follow than the I-134.

In effect, the information provided on the I-134 should show that you can support your fiancé once he is here so that he won’t go on welfare or other government assistance. The standard used is 125% of the published poverty level income for your family size (you + kids + fiancé). If you don’t have regular income or financial assets to satisfy the minimum requirements, then you are supposed to have a joint sponsor to assume part of the responsibility.

So, what does all that crap mean in plain English? The consular officer who will issue the visa wants to see some documentation showing your annual income so he can compare it to the income guidelines for your situation. The most important factor will be your income from your regular employment. Then comes your child support and other assets.

Blocks 9 & 10 of the I-134 are pretty clear. Include all previous persons for whom the sponsor has submitted I-134s, I-864s, or visa petitions. But the important numbers to determine your family size are listed in block 8. The number of people listed in block 8 plus yourself will determine how much income you or the joint sponsor should make. In your co-sponsor’s case, I would assume that some or all of the people listed in blocks 9 & 10 will also be listed in block 8.

So, in block 8, have your co-sponsor list all his  ‘current’ dependents as listed on his most recent income tax return (spouse, children, etc.). Do not include your fiancé. I would say that block 8 should include dependents listed on your tax return.

For block 9, I would have him list all names for whom an affidavit was ‘previously’ submitted.

Same for block 10. All names who he ‘previously’ filed a visa petition for. Use an attached sheet if needed for blocks 8, 9, & 10.

When Thai submits his I-134 at the consulate, I would have him submit yours only and have the co-sponsor affidavit available if they ask for one or question your income level. Make sure he has your recent pay stubs and the other required financial documents.

I really don’t think the numbers on the I-134 are extremely important as long as you are not living on the streets or on welfare. After you get married and need to file the I-864, then it’s a whole new ball game. But one step at a time :-)

Well, that’s my opinion only. Like Taliman, I ain’t no lawyer either.

Ray

[Taliman]

... in response to co-sponsor, posted by Lori on Nov 3, 2001

Hi Lori, well I'm not familiar with the I-134 I used the I-864 affidavit of Support in conjuction with our I-130.

Maybe the I-134 is for I-129's?

Anyway the I-864 has a similar question. It ask you to list any one whom you have Previously filed
an I-864 for in the PAST who you are STILL obligated to support. (page 2 of the FORM itself version 9-26-00)
Also the" instructions" on the first page state and I quote " any immigrants you have previously sponsored
using INS form I-864 if that obligation has NOT terminated"

Well government forms are a lot like the Bible there can be many interpretations but
ususally only 1 right answer.

If we just think about it.
What is the INS trying to determine?
I would say they want to know if your Co-sponsor has enough $$ to support Thai if you are Not able to.
Now they want to know how many if any other people your co-sponsor currently are responsible for.
If the co-sponsor is FREE from the others (they now have their own jobs etc...) then I don't see
why the INS would care about them.

HOWEVER if you wanted to you could:

A: Call a Lawyer to get clarification.
B: Call the INS....good luck.
C: Where it ask you to list the names of the people put "see attached"
then you could simply attach a separate piece of paper with the list of EVERYBODY.

Hope this is clear as mud.

I am not an attorney these are my Opinions Only.
But I think Ray B. and Stephen(Tess) are.
Sure hope  someone can help set you on a straighter path.
Hope this helps.
Taliman