Luuknam

My fiance's father is co-sponsoring my fiance for the I-134 affidavit, but the info (DS2000) says that if one of the sponsors is married, that its spouse should co-sign. My fiance's mother should thus co-sign, but there is no space for that on the I-134! What should they do?

Luuknam

ian-mstm

I'm trying to understand what you've written. If your fiance is the US citizen, then his father is co-sponsoring you, not him. At any rate, your fiance is your sponsor, not his father - and the DS2000 is information only, not the form. The I-134 requires only one signature.

Ian

Noorah101

Yep, I agree. Only one signature is necessary on the I-134...your fiance's mother does not have to sign it.

Best Wishes,
Rene

Luuknam

Thanks.

Yes, he's the US citizen. Sorry for the confusion there. I know the DS2000 is info only. But what exactly should his father do then to co-sponsor me?

Anyone know btw (fairly unimportant question) what happens to my parents' financial responsibility for me? Under Dutch law they are financially responsible for me until I'm 21yo, afaik...

Luuknam

ian-mstm

I don't believe he needs to do anything at this stage of the game. If you need a co-sponsor, there is no paperwork until you file for adjustment of status - at which time the sponsor files the I-864 and the co-sponsor files the I-864A.

Ian

Luuknam

Thanks!

So we tell the consulate that he is willing to support me, then show them that his income is way too low for doing that, and they are going to say okay, and then his father has to co-sponsor for the I-864 after we get married? (He lives in with his parents and is going to university). Can you tell me approximately how sure you are of this? (It would make some sense, it's just not what we had expected).

Luuknam

Just Jenney

Hang on a second -- that's not necessarily true. Yes, the I-864 does require a joint sponsor IF the USC does not meet the requirements alone. But some (most?) consulates DO require a co-sponsor for the I-134 as well.

If the Dutch Consulate DOES require a co-sponsor because the USC doesn't meet the requirements on his own, then Luuknam WILL need to bring the co-sponsor's I-134 to the interview. (I also think it's a good idea to have a co-sponsor anyway if you KNOW the USC doesn't meet the requirements by himself.)

Since Luuknam's fiance lives with his parents, and as a student is probably a dependent of theirs as well, his father (the co-sponsor) would need to meet the income requirements for his household size + Luuknam. He'd need to complete his own I-134 and provide the supporting documentation (letter from employer, etc.).

~ Jenney

jeffreyhy

Ian,

Before issuing a visa the consulate is required to determine that the applicant will not become a public charge after entering the USA.

If the applicant's sponsor (along with the applicant, if allowed) does not have the financial ability to satisfy this requirement, and no joint sponsor (or co-sponsor, if you prefer) is brought into the picture, then the applicant is not going to be issued a visa.

If a joint sponsor is going to be involved, then that joint sponsor is going to have to document their financial resources and indicate that they will make those resources available to the applicant should it become necessary (i.e. sign an affidavit of support).

Regards, JEff

Luuknam

Okay, so I'm back at the original question: In the papers I've got it says that if the sponsor is married, his/her wife should also sign the affidavit. My fiance's dad is married, so that means his wife has to sign. But there is no space for that on the I-134. So... where does she sign?

Luuknam

Noorah101

Hi Luuknam,

His wife does *NOT* have to sign the I-134. Can you quote where on the form I-134 it says that?

Rene

Luuknam

My fiance's worked in the american army for a while, and they are paying him $1100 per month he is in college for 19 months (starting last september)(if you join the american army you can opt for a one-time money bonus, or college benefits or... he chose the college benefits), so he is not dependent. But he isn't making enough to support me, according to their rules.

Luuknam

Luuknam

It says so on the DS2000 in the last paragraph (05/22/2003 version): "If the sponsor is married, the affidavit should be signed jointly by both husband and wife. Affidavits of support should be signed jointly by both husband and wife."

The DS2000 is attached to the I-134 in the stuff the consulate sent to me.

Luuknam

Noorah101

To be honest, I still don't think she really needs to sign it. However, I suppose she can sign right underneath his signature, even though there's not a specific line item for it, just so her signature will be on there somewhere.

Rene

jeffreyhy

Rene and Ian,

I would not say that the DS-2000 is information only. It outlines the DOS position on and requirements for assuring that a visa applicant satisfies the public charge provision of the INA. I would call it an instruction sheet, with instructions that should be followed.

For example, DS-2000 says to attach 2 or more of 4 listed items to the affidavit of support to substantiate the income and ressource information provided on the affidavit - items that the affidavit instructions (written by the USCIS) do not require. This often causes confusion, e.g. 'do I need to submit copies of tax returns or not', but I see pretty good agreement that the answer is, 'if the consular officer asks for tax returns you must provide them'.

Likewise, maybe for it's own purposes the USCIS only requires one signature on an I-134, but the DOS says quite clearly on DS-2000 that if a sponsor is married it (the DOS) wants to see the signatures of both spouses.

I would not be at all surprised if I-134s are accepted all the time with only one signature of a married sponsor. But, if a consular officer should tell a visa applicant that they want both signatures, I don't think that either the visa applicant or the sponsor have much of an arguement against the CO's demand.

Regards, JEff

Luuknam

But if they want *2* signatures, then why not allot space for them?!

Luuknam