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Petitioner and Sponsor
- Thread starter phuture
- Start date
DV has no sponsor, only an applicant and his/her derivatives (spouse and minor children).
A sponsor is not always required. It is case specific. Have you got a secure job offer? Are you a professional that can start your own private practice? Doctor, accountant, lawyer, therapist of some sort???? You should have received specific instructions on which forms will be required for your case (including derivatives) check with the Consular Post about what forms they want from you.
9 FAM 42.33 N9.3 Public Charge
(CT:VISA-1090; 10-23-2008)
While many categories of immigrants must submit the legally binding Form I-864, Affidavit of Support Under Section 213A of the Act, the DV category is not one of them. You can consult 9 FAM 40.41 for standards of processing public charge issues in immigrant visa (IV) cases that do not involve the I-864, Affidavit of Support Under Section 213A of the Act.
9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support
(CT:VISA-1317; 09-24-2009)
a. Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.
b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:
(1) The self-petitioning spouse of a deceased U.S. citizen, and any children of the self petitioner (see INA 204(a)(1)(A)(ii));
(2) The self-petitioning spouse of a U.S. citizen, who has been battered by or subjected to extreme cruelty perpetrated by the spouse, and any children of the self-petitioner (see INA 204(a)(1)(A)(iii) and (iv));
(3) Returning resident aliens;
(4) Diversity visa applicants; and
(5) Fiancé(e)s.
c. The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the income requirements of Form I-864, Affidavit of Support Under Section 213A of the Act, do not apply in such cases (e.g., the 125 percent minimum income), you must make a thorough evaluation of other factors, such as:
(1) The sponsor's motives in submitting the affidavit;
(2) The sponsor's relationship to the applicant (e.g., relative by blood or marriage, former employer or employee, schoolmates, or business associates);
(3) The length of time the sponsor and applicant have known each other;
(4) The sponsor's financial resources; and
(5) Other responsibilities of the sponsor.
NOTE: When there are compelling or forceful ties between the applicant and the sponsor, such as a close family relationship or friendship of long standing, you may favorably consider the affidavit. On the other hand, an affidavit submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has more limited value. If the sponsor is not a U.S. citizen or lawful permanent resident (LPR), the likelihood of the sponsor's support of an immigrant visa (IV) applicant until the applicant can become self-supporting is a particularly important consideration.
d. The degree of corroborative detail necessary to support the affidavit will vary depending upon the circumstances. For example, for a relatively short-term visitor, little, if any, would be required. In immigrant cases, however, the sponsor's statement should include:
(1) Information regarding income and resources;
(2) Financial obligations for the support of immediate family members and other dependents;
(3) Other obligations and expenses; and
(4) Plans and arrangements made for the applicant's support in the absence of a legal obligation toward the applicant.
e. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).
f. If the sponsor has a well-established business and submits a rating from a recognized business rating organization, you do not need to insist on a copy of the sponsor's latest income tax return or other evidence.
A sponsor is not always required. It is case specific. Have you got a secure job offer? Are you a professional that can start your own private practice? Doctor, accountant, lawyer, therapist of some sort???? You should have received specific instructions on which forms will be required for your case (including derivatives) check with the Consular Post about what forms they want from you.
9 FAM 42.33 N9.3 Public Charge
(CT:VISA-1090; 10-23-2008)
While many categories of immigrants must submit the legally binding Form I-864, Affidavit of Support Under Section 213A of the Act, the DV category is not one of them. You can consult 9 FAM 40.41 for standards of processing public charge issues in immigrant visa (IV) cases that do not involve the I-864, Affidavit of Support Under Section 213A of the Act.
9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support
(CT:VISA-1317; 09-24-2009)
a. Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.
b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:
(1) The self-petitioning spouse of a deceased U.S. citizen, and any children of the self petitioner (see INA 204(a)(1)(A)(ii));
(2) The self-petitioning spouse of a U.S. citizen, who has been battered by or subjected to extreme cruelty perpetrated by the spouse, and any children of the self-petitioner (see INA 204(a)(1)(A)(iii) and (iv));
(3) Returning resident aliens;
(4) Diversity visa applicants; and
(5) Fiancé(e)s.
c. The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the income requirements of Form I-864, Affidavit of Support Under Section 213A of the Act, do not apply in such cases (e.g., the 125 percent minimum income), you must make a thorough evaluation of other factors, such as:
(1) The sponsor's motives in submitting the affidavit;
(2) The sponsor's relationship to the applicant (e.g., relative by blood or marriage, former employer or employee, schoolmates, or business associates);
(3) The length of time the sponsor and applicant have known each other;
(4) The sponsor's financial resources; and
(5) Other responsibilities of the sponsor.
NOTE: When there are compelling or forceful ties between the applicant and the sponsor, such as a close family relationship or friendship of long standing, you may favorably consider the affidavit. On the other hand, an affidavit submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has more limited value. If the sponsor is not a U.S. citizen or lawful permanent resident (LPR), the likelihood of the sponsor's support of an immigrant visa (IV) applicant until the applicant can become self-supporting is a particularly important consideration.
d. The degree of corroborative detail necessary to support the affidavit will vary depending upon the circumstances. For example, for a relatively short-term visitor, little, if any, would be required. In immigrant cases, however, the sponsor's statement should include:
(1) Information regarding income and resources;
(2) Financial obligations for the support of immediate family members and other dependents;
(3) Other obligations and expenses; and
(4) Plans and arrangements made for the applicant's support in the absence of a legal obligation toward the applicant.
e. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).
f. If the sponsor has a well-established business and submits a rating from a recognized business rating organization, you do not need to insist on a copy of the sponsor's latest income tax return or other evidence.
samuel5028
Banned
DV has no sponsor, only an applicant and his/her derivatives (spouse and minor children).
A sponsor is not always required. It is case specific. Have you got a secure job offer? Are you a professional that can start your own private practice? Doctor, accountant, lawyer, therapist of some sort???? You should have received specific instructions on which forms will be required for your case (including derivatives) check with the Consular Post about what forms they want from you.
9 FAM 42.33 N9.3 Public Charge
(CT:VISA-1090; 10-23-2008)
While many categories of immigrants must submit the legally binding Form I-864, Affidavit of Support Under Section 213A of the Act, the DV category is not one of them. You can consult 9 FAM 40.41 for standards of processing public charge issues in immigrant visa (IV) cases that do not involve the I-864, Affidavit of Support Under Section 213A of the Act.
9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support
(CT:VISA-1317; 09-24-2009)
a. Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.
b. If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:
(1) The self-petitioning spouse of a deceased U.S. citizen, and any children of the self petitioner (see INA 204(a)(1)(A)(ii));
(2) The self-petitioning spouse of a U.S. citizen, who has been battered by or subjected to extreme cruelty perpetrated by the spouse, and any children of the self-petitioner (see INA 204(a)(1)(A)(iii) and (iv));
(3) Returning resident aliens;
(4) Diversity visa applicants; and
(5) Fiancé(e)s.
c. The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the income requirements of Form I-864, Affidavit of Support Under Section 213A of the Act, do not apply in such cases (e.g., the 125 percent minimum income), you must make a thorough evaluation of other factors, such as:
(1) The sponsor's motives in submitting the affidavit;
(2) The sponsor's relationship to the applicant (e.g., relative by blood or marriage, former employer or employee, schoolmates, or business associates);
(3) The length of time the sponsor and applicant have known each other;
(4) The sponsor's financial resources; and
(5) Other responsibilities of the sponsor.
NOTE: When there are compelling or forceful ties between the applicant and the sponsor, such as a close family relationship or friendship of long standing, you may favorably consider the affidavit. On the other hand, an affidavit submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has more limited value. If the sponsor is not a U.S. citizen or lawful permanent resident (LPR), the likelihood of the sponsor's support of an immigrant visa (IV) applicant until the applicant can become self-supporting is a particularly important consideration.
d. The degree of corroborative detail necessary to support the affidavit will vary depending upon the circumstances. For example, for a relatively short-term visitor, little, if any, would be required. In immigrant cases, however, the sponsor's statement should include:
(1) Information regarding income and resources;
(2) Financial obligations for the support of immediate family members and other dependents;
(3) Other obligations and expenses; and
(4) Plans and arrangements made for the applicant's support in the absence of a legal obligation toward the applicant.
e. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).
f. If the sponsor has a well-established business and submits a rating from a recognized business rating organization, you do not need to insist on a copy of the sponsor's latest income tax return or other evidence.
He is right. It is one of the fastest way to get green card if you are pass through the eligiblity criteria.