Jess2100

Hello Once Again,

My husband and I are seeking a co sponsor, yes we has some problems asking as can be expected. My husband's Aunt said she would do it, but as a back up my husband asked my uncle. My uncle looked over the forms, but first needed to talk to his wife. He noticed on the sponsor form that it says immediate family members can be a co sponsor, he's thinking by this that he cannot. I believe he can, correct me if I am wrong. He says he will do it, but first he wants to see on a legal form that he can. Where can I find this or what is meant by an immediate family member? Thanks again for all the great help!

Bob

I believe that is parents/children and brother/sisters,
I don't think it extends any further, but not sure
It has come up on a couple threads though

Jess2100

Bob,

Thanks for the help. We had the AOS interview...my husband could have been approved except for us needing a co sponsor. The interviewer asked whom we will ask as the co sponsor and I said my mother (she said okay), but I forgot she cannot (not working and doesnt have much assets). I will try to do more research into the matter "immediate family members". But, I thought I heard of people asking and or suggesting to ask friends.

Rete

The co-sponsor does NOT have to be a family member. The co-sponsor requirements are that they meet the financial criteria and be either a US citizen or be a legal resident. It can be a friend, a co-worker, a boss, the bum on the street, corner or a relative. As long as they meet those requirements they can be your co-sponsor.

Rete

Jess2100

Thanks Rete! Do you know where I find this on the USCIS website or where it states that anyone can be the co sponsor as long as they meet the requirements? Thanks

Bob

That's what I thought, the immediate family thing is just to do with sponsorship for citizenship etc isn't it (rather than financial sponsor)?

ian-mstm

You are correct. The wording is meant to be inclusive, not exclusive. There are instances where an immediate relative is *not* appropriate - job references, for example. The form indicates that, in this instance, anyone (well, USC or PR) can be a cosponsor... *even* immediate relatives.

Ian

Jess2100

I just checked the USCIS website, it appears the posted a new version of the affidatived of support. Or at least I think its new, been working long hours away from home, might be losing my mind. In that form it doesn't give reference of immediate family member, maybe thats enough to satisfy my Uncle. Thanks for the help! Let me correct myself..I guess the form hasn't changed. I went back and it was the old one. I also checked around making sure I didn't click on the other forms around it and wasnt what I saw. Guess its time to stop working 13-14 hr days.

Rete

Honestly, I am not the best in researchers but this was so easy to find on the USCIS website. Here goes:

http://uscis.gov/graphics/howdoi/affsupp.htm#sponsor



Frequently Asked Questions [FAQs]

<snipped>
Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs the admission of all immigrants to the United States. For the part of the law concerning affidavits of support, please see INA § 212(a)(4) and 213A. The provisions are codified in Title 8, United States Code, as sections 1182(a)(4) and 1183a. The specific requirements for affidavits of support can be found in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR part 213a.

This pertains to you as his spouse. You have to complete an I-864 even if you don't qualify.

Who is Required to Be a Sponsor?
If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a lawful permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, so that you still have your domicile in the United States.

For the so-sponsor. Note it does not say they have to be a family member.

Can anyone else be a sponsor?
INA section 213A permits both a "joint sponsor" and a "substitute sponsor" in certain cases.

Who can be a joint sponsor, and when is a joint sponsor allowed?
If the visa petitioner's household income is not sufficient to meet the requirements of INA section 213A and 8 C.F.R. § 213a, INA section 213A permits a joint sponsor to sign an affidavit of support, in addition to the affidavit of support signed by the visa petitioner. A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125 percent income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement

sonuvasu

Hey Rete, I am not as knowledgable, but when i read the sponsorship details, for co-sponsor, it say a house hold member.. and reading the definition of house-hold member on uscis website it says, a house-hold member would basically mean family member stayin in the same house...
So just wondered with that defintion.. will it still be right to ask uncle as co-sponsor.. or to ask him as a joint sponsor....

Rete

There are two parts to the I-864 ... I-864 and I-864A

A household member does the I-864A ... this is a person who lives in the household and is willing to use their income towards the support of the alien being sponsored.

A co-sponsor/joint sponsor is one that is not a part of the household who meets the financial criteria and does NOT live in the household but elsewhere.

I think there is a lot of confusion on the terms co and joint and actually it doesn't matter what you call them ;-() as long as they are willing to contribute their income and/or assets to fulfilling the I-864 that is all that matters.

I've seen people on this forum who have used bosses and co-workers and friends to be sponsors for their foreign spouses or fiancees. USCIS only requires that the financial sponsor be financial capable, willing and either a USC or permanent resident of the US.

Rete

Jess2100

Thanks for the post Rete, I didn't think of looking at the frequently asked questions. This should be enough for my Uncle to understand it can be anyone that has enough financial resources.