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Question about Immigration Form I-864, Affidavit of Support -- How do I indicate my stepfather will sponsor my wife?

Greenville, SC |

Hi!

Thank you for taking the time to read this. I have a question about Part 1, Question 1 on the I-864 form.

My case: I am a full-time student (23 hour load), and work part-time. I don't make enough money (125% above poverty level) to sponsor my fiancee (by the time I submit this, she will be my wife -- we will have in hand all the marriage documents). My stepfather, however, is a pharmacist, and wants to be the sponsor of this application to bring my fiancee here.

What should I fill out on Part 1, Question 1 of the I-864 form, to indicate that he will sponsor my fiancee to come to the US?

I am guessing option 1.d, joint sponsor, but I'm not sure.

Any help would be greatly appreciated!

Best regards,
P.

P.S.: I live with my stepfather and mother. When my wife gets here, we w

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Attorney answers 2

Best Answer
Posted

You will need the I-864 once your wife arrives on her K-1 visa, you marry within 90 days and you are applying to adjust her status to a permanent resident.
Your stepfather could be a co-sponsor or a joint sponsor. This is a link to an article explaining the difference: http://immigrationlawlasvegas.blogspot.com/2013/08/affidavits-of-support.html.
Affidavits of Support can be complicated and mistakes can have serious consequences. I suggest that you contact an immigration attorney.

Asker

Posted

Hello, Scott! I appreciate your kind response. I am so sorry for not being clear enough -- we will not be applying for the K-1. We are getting married on the 4th of January in Brazil, so I will be filling out the form I-130, in conjunction with the I-864 and the G-1145. I will submit her application on the 5th of January. I just wanted to know what part of Part 1 of the I-864 I'd have to fill out to indicate that my stepfather will sponsor us. I will take a look at the blog right away. Thank you so much, P.

Posted

I'm a bit confused by your question in light of your fact pattern in that it seems your fiancee is not currently in the USA (the language you use seems to indicate she is outside of the USA right now).

If that is true (that your fiancee is not currently in the USA) then that opens up another can of worms that is "prior" to any I-864 being submitted. That issue is: How is your fiancee going to immigrate to the USA (gain entry)?

If her plan is to enter the USA, get married and file for a greencard, then that means she has "immigrant intent". If she uses a non-immigrant option (like a visitor visa or the Visa Waiver Program) to "attempt" to "immigrate" to the USA, she runs the risk of being turned around at the port of entry (when attempting to enter) for not having the proper visa to match her intent (if she wants to come here, get married and file for a greencard, they you should file an I-129f petition for an alien fiancee... Congress created the K-1 visa for that very purpose). If she's extra "unlucky", not only will she be turned away at the port of entry, she'll be turned away with a finding of misrepresentation that may result in her being banned from the USA for a period of time.

Simply not worth the risk (just my own opinion) when contemplating starting a life in the USA with your loved one. Why expose her to that risk and jeopardize her future in the USA? To avoid the time it takes to get the correct visa (K-1 visa)?'

Know that right now, K-1 visas are processing extremely quickly. My last half dozen I-129f petitions were approved at the CSC in 4 weeks or less and the new DS-160 procedure at the U.S. Consulates seems to speed up that part of the process as well.

Once she enters the USA, marries you, and files for permanent resident status, "then" your I-864 question will be relevant.

Best of luck.

Matthew Udall - Attorney

Matthew David Jesse Udall

Matthew David Jesse Udall

Posted

By the way, perhaps you are saying your indeed are pursuing a K-1 visa and your cosponsor wants to submit an I-864 with her application for the K-1 visa. Is that the case? If so, where did you get the idea that an I-864 is submitted to a U.S. Consulate in connection with a person's application for a K-1 visa? I've done hundreds of K-1 cases throughout the years, and never once (until recently as explained below) have I read anything from a Consulate saying they would even accept an I-864 with a K-1 fiancee visa application.... but the Consulate procedure for K-1 underwent changes in mid October 2013. So I "suppose" it might be possible they might accept (or even want) an I-864 with a K-1 case from a co-sponsor (but I'd have to see that from the Consulate to believe it as it flies in the face of long held practice). But with all that said, I did receive communication from the U.S. Consulate in Islamabad, Pakistan that said for a joint sponsor with a K-1 visa application they wanted an I-864! So weird, but that' s what they said (I still have my doubts about the accuracy of that statement). So if you "are" talking about an I-864, given to a U.S. Consulate in connection with a K-1 visa application, please reply to let us know which U.S. Consulate and how you came to believe the I-864 is required in that context. Thanks in advance!

Asker

Posted

Hello, Matthew. Thank you for your thoughtful response. I understand your concern for thinking we may not be doing "the right thing," but I believe we are. It was never my intention to misrepresent anything at all -- We applied for a K1 this past semester, and were approved for one, but the K1 requires that she comes to the US and get married here. We canceled that request by contacting the embassy in Brazil. We cancelled it because she wants to get married in Brazil, where she grew up, near her family. THEN we started the application for the I-130. In the instructions, it tells me that I should file for the I-864 form. With that in mind, I am applying through the I-130, in conjunction with the I-864 and the G-1145. We get married on the 4th of January. I will submit her application on the 5th of January. I just wanted to know what part of Part 1 of the I-864 I'd have to fill out to indicate that my stepfather will sponsor us. Best regards, P.