Dynamo

Just a couple of simple questions - I've read through a lot of posts and pages now, and a few of them mention that the sponsor (or co-sponsor) must agree to the posting of a bond if required to do so. However, I've not read of anyone yet having to actually post one, so my questions are :

1. How much would the cost of a bond usually be?
2. Under what circumstances would a bond be required?
3. Is the bond returnable, and if so, under what circumstances?

Also, something that just crossed my mind as I'm reading - one of the people I have willing to co-sponsor has been declared bankrupt at one point in their life (within the last 5 years). Is that likely to affect their ability to act as a valid co-sponsor?

Thanks.

rogerpenycate

Hi,
I'm certainly not an expert, but have never read anything about a bond being posted.
You maybe getting confused with the Affadavit of Support which co-sponsors have to sign (backed up with tax returns, proof of support etc)
but as far as I know they don't physically have to part with any money by way of a bond.
I'm sure someone will correct me if I'm wrong

Dynamo

It's certainly to do with the affidavit of support - I read that one of the things that the sponsor must agree to is the possibility of posting a bond. However, I haven't read of anyone actually having had to do this, so I'm not sure if it is ever called into play.

Folinskyinla

Hi:

Although the law speaks of such bonds, they are highly disfavored and very rarely asked for. If asked for, you either deposit the entire bond amount with the INS. When the bond conditions are satisfied [e.g. the beneifiary dies, becomes a citizen, abandons residence, etc], the bond is cancelled and the principal is refunded.

Upon cancellation or breach, the INS will then pay the accrued interest [now at the legal limit of 3% per annum].

Bonds can also be posted by private bonding companies. They generally charge a premium of 10% per year AND they keep that 3% interest. They do ask for security for the bond -- such as a deed of trust or mortgage on your home.

rogerpenycate

As I said I never heard of that.
With regard to the Affadavit it is similar circumstances to the affadavit that the US citizen completes, except it is as a co-sponsor.
The poverty quidelines would be higher as they would also have to include the co-sponsors household.
eg USC + spouse/fiancee and co-sponsor + husband/wife = 4
Therefore the poverty guideline would be for 4 people.
The co-sponsors responsibilty is the same as the USC petitioners, in so far as the INS would be looking to re-coup any means tested benefits that the alien applies for. (the exact duration depends I believe on when the "alien" becomes a citizen, or it based over 10 years or 40 quarters of work)
As far as I know they do not have to post a bond.
At the very least, I have opened this thread for discussion, and I am sure you will now get more informed and in-depth opinions than mine.

good luck

rogerpenycate

There you are an opinion from an expert, just as well as I wasn't quite sure.

Just Jenney

Wwah?? This is news to me!

I understood the co-sponsor ONLY has to meet the minimum for the number of people in the co-sponsor's household PLUS the fiance(e) -- but NOT including the USC.

e.g. Co-sponsor + Co-sponsor's Spouse + Fiance(e) = 3 people

I have never read anything indicating that the USC is included in the co-sponsor household.

SOMEONE PLEASE CLARIFY AND CONFIRM THIS!!

~ Jenney

Just Jenney

Hmm... seems this was lost in the shuffle...

Could someone confirm the question in my last post? Thanks!

~ Jenney

rogerpenycate

As you know I'm not a lawyer, all I can do is offer my opinion which is what I said in an earlier posting.
If you get a co-sponsor (and in our case there were 2) you have to add that 2 to the sponsor (ie US spouse) and the "alien" = 4

I went though this whole process (in our case it was 5 because my daughter emigrated with me).
However I cannot 100% guarantee this is correct as I only used the co-sponsors as a back up and they weren't needed, as we got the visa on the strength of the equity in my property.

I did research this quite thoroughly and that was my understanding.
If I can help any more, please let me now

Roger

Rete

The sponsor includes in the household number themselves, their spouse and their dependents/children and the foreigner being sponsored. They only include the US citizen, if they support the US citizen.

So it would be:

themselves (1) + spouse (1) + dependents/children (1) + foreigner (1) = 4

add (1) if US citizen is also supported by the [co]sponsor

Rete

Rete

Please note also that the I-134 is not just used for K-1 visas. It is also used at various US Consulates for issuance of some tourist visas when the tourist applying is going to visit family. So the bond issue might well be needed for that particular visa.

Rete

Just Jenney

Ok -- I *knew* I wasn't crazy!!

I live independently of my parents. My parents, who hopefully will agree to be co-sponsors, live together with no dependents. That means their household size would be:

Mom (1) + Dad (1) + Mark/foreign fiance (1) = 3

As the primary sponsor, MY household size would be:

Me (1) + Mark (1) = 2

I guess it really depends on how many dependents are being considered, besides the foreign fiance.

~ Jenney

Eli

Aurgh! I am so dyslexic!
So, if my dad sponsors my fiance, it's my day, me, and my fiance, three of
us? that my dad's income needs to be able to comer at %125 of the poverty
level??
Sorry to be this dense.
--Eli

; "Mark" wrote in message
news:[email protected]...
    > Originally posted by Rete
    > > The sponsor includes in the household number themselves, their spouse
    > > and their dependents/children and the foreigner being sponsored. They
    > > only include the US citizen, if they support the US citizen.
    > >
    > > So it would be:
    > >
    > > themselves (1) + spouse (1) + dependents/children (1) +
    > > foreigner (1) = 4
    > >
    > > add (1) if US citizen is also supported by the [co]sponsor
    > >
    > > Rete
    > Ok -- I *knew* I wasn't crazy!!
    > I live independently of my parents. My parents, who hopefully will agree
    > to be co-sponsors, live together with no dependents. That means their
    > household size would be:
    > Mom (1) + Dad (1) + Mark/foreign fiance (1) = 3
    > As the primary sponsor, MY household size would be:
    > Me (1) + Mark (1) = 2
    > I guess it really depends on how many dependents are being considered,
    > besides the foreign fiance.
    > ~ Jenney
    > --
    > Posted via http://britishexpats.com