What is the legal procedure to change the sponsor after the DV Visa has been issued?

#1
I have recently been issued Visa through Diversity Visa (DV) lottery. I have found a nice job offer now in the USA, and so I want to change the sponsor. I contacted with my existing sponsor and
My sponsor has asked me to change the sponsorship now because he is saying that he does not want to take any responsibilities of public charges if I am not around him and he wants assurance of sponsorship change. I came to know about this sponsor through a relative and so i had filled his details in DS 260 before the interview.

( Although, he never sent me the signed I-134 form and just sent tax files and a welcome letter without any signature and said it was enough on the day of the interview). He had said that he would fill up the I-134 form after my visa interview. I still have no idea if he would still be liable for the public charge because I am not aware whether he actually signed the I-134 form or not ! May be he had submitted the Affidavit in the US too, but I do not have any idea about that too !

Please sir, let me know the next step as I am confused.

could you please let me know what should my next step be ? The job offer is very nice and I can trust my new employer to the fullest. I can provide all legal and necessary documents for the change of sponsorship to the embassy.

Sir, this is urgent, and I am ready to go through legal processing rather than being stressed.
 

Sm1smom

Super Moderator
#2
There’s no such thing as legal procedure for changing a sponsor after the visa has been issued. Your sponsor will not be found liable should you become a public charge, he’s getting worried over nothing. Your sponsor never gave you or submitted the I-134 which is the only formal way of being a sponsor. And even if he did, but he didn’t, the form is not legally enforceable so he is not responsible for anything you do, you are.

The only thing that could happen is your GC gets sent to his address, I’m assuming you’re already in the US and haven’t received the plastic GC. If you’re yet to enter the US, you need to make sure you update and change your address to where you’re going at the POE.

Going forward, you also need to remember to always inform USCIS of your new address every time you move to a new place/address. This can be done by submitting a change of address form online.
 
#3
Thanks, it means a lot.
I am not in US currently. I talked with him but my sponsor is still not agreeing and wants me to change the sponsorship.

1. So, can i mail the USCIS requesting to change my sponsor ?
2. And how can i know if my sponsor actually signed the affidavit (I-134) ? Is there any way ?

Do please respond as I am tired of assuring him !
 

Sm1smom

Super Moderator
#4
Thanks, it means a lot.
I am not in US currently. I talked with him but my sponsor is still not agreeing and wants me to change the sponsorship.

1. So, can i mail the USCIS requesting to change my sponsor ?
2. And how can i know if my sponsor actually signed the affidavit (I-134) ? Is there any way ?

Do please respond as I am tired of assuring him !
1. You don’t have a sponsor as far as USCIS is concerned, you never submitted the I-134 since he didn’t give you the form, so you can’t mail/email USCIS to request a change for something you never had in the first place. Just be sure to update your mailing address at the POE since you’re no longer staying with him.

2. Is he claiming he signed one? If he's claiming he signed one but never gave it to you like you earlier posted, then he’s lying. The only way you could have made use of it would have been for you to directly submit it at the time of your interview which you didn’t. Also, the only way for you to know is for him to stop lying, he cannot submit the I-134 directly to USCIS on his own.
 

SusieQQQ

Well-Known Member
#5
Thanks, it means a lot.
I am not in US currently. I talked with him but my sponsor is still not agreeing and wants me to change the sponsorship.

1. So, can i mail the USCIS requesting to change my sponsor ?
2. And how can i know if my sponsor actually signed the affidavit (I-134) ? Is there any way ?

Do please respond as I am tired of assuring him !
Why don’t you just send uscis an email telling them you withdraw his sponsorship, then forward it to or cc him so he can see it’s sent, so what if they ignore it, at least it will assuage him and he’ll leave you alone!
 
#6
I talked to my relative who knew the sponsor. And,
My sponsor said that his sponsorship would be wasted since I would still have his name in the sponsor and he could use it for some other relatives , and so this was the reason that he was requesting me to change it.

I have asked him to withdraw my sponsorship and decided to request USCIS to change my sponsorship as now I have a job offer.

1. So, would it be a problem if I ask the USCIS ?

2. What documents related to job offer or the employer should I have to attach while requesting USCIS to change the sponsorship?



Please help me out here as I am very time bound.. Thanks to all of you for your appreciable effort !
 
#8
Respected Xarthisius,

Could you please clear my confusion by answering the following ? ( My future depends on it and I want to leave for US with clean record and good intentions ).

1. Can the I-134 form only be presented by me during interview ? Could my sponsor have filled it in USA and sent to the USCIS of USA ?
2. If he is not my sponsor, then how did I got my VISA approved ? ( Although, I had filled his name and address in DS 260 form )
3. Will he be able to withdraw his sponsorship towards me if he did not fill I-134 form ?
4. I do have a job offer now from my brother's employer which can help me support against public charge. So, what are the risks of requesting USCIS to change the sponsor ?

Please help me out as I do not want to be in any trouble at POE after I leave for US. (Thanks again all of you !)
 

SusieQQQ

Well-Known Member
#9
Respected Xarthisius,

Could you please clear my confusion by answering the following ? ( My future depends on it and I want to leave for US with clean record and good intentions ).

1. Can the I-134 form only be presented by me during interview ? Could my sponsor have filled it in USA and sent to the USCIS of USA ?
2. If he is not my sponsor, then how did I got my VISA approved ? ( Although, I had filled his name and address in DS 260 form )
3. Will he be able to withdraw his sponsorship towards me if he did not fill I-134 form ?
4. I do have a job offer now from my brother's employer which can help me support against public charge. So, what are the risks of requesting USCIS to change the sponsor ?

Please help me out as I do not want to be in any trouble at POE after I leave for US. (Thanks again all of you !)
1. You’ve asked two different questions. If you didn’t hand in the form, it’s not in your case. If he says he sent it (which is not how it works) he can fix it (at least in his own mind) by sending them a withdrawal of it.
2. Most DV visas are approved without sponsors! I’m surprised you don’t understand this. Filling in his name on the form for what? As an address? That’s just an address, not sponsoring...
3. Once more, without an I134 there IS no sponsorship....
4. I don’t even know how to answer this because there is no sponsor to change.

I don’t think either of you actually understand the process to be honest, but if he is adamant he sent something then he needs to contact uscis to withdraw the something (that probably doesn’t exist and if it does it has no meaning anyway ) and it has no impact on you anyway because it wasn’t submitted as part of your case to begin with if you didn’t hand it in at interview.
 
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#10
Thanks a lot ! I think now I am cleared in my mind. Thanks to Xarthisius, SusieQQQ and Sm1smom for your responses. I will just provide my job offer letter while requesting for postal address change at POE so that I might be cleared properly.

Thanks a lot.... No words can explain how delightful I am at the moment ! Thanks a lot all of you..
 
#11
Hello sir Im dv lottery winner 2020.
My brother in law is my sponsor who is also sponsoring his spouse (My sister) under marriage based immigration .
And his spouse visa is under processing as well mine too..
In this case a lots of people asked me they answer that he can't be my sponsor as he is already being sponsor for his wife.
I have submitted ds 260 form including his as a sponsor .
Please DOES this cause problem for me ?
As I know that marriage based immigration is long process .
Do I need to change sponsor ?
He make annual income of $40k.
And I just want to reduce my risk during interview .
 

SusieQQQ

Well-Known Member
#12
Hello sir Im dv lottery winner 2020.
My brother in law is my sponsor who is also sponsoring his spouse (My sister) under marriage based immigration .
And his spouse visa is under processing as well mine too..
In this case a lots of people asked me they answer that he can't be my sponsor as he is already being sponsor for his wife.
I have submitted ds 260 form including his as a sponsor .
Please DOES this cause problem for me ?
As I know that marriage based immigration is long process .
Do I need to change sponsor ?
He make annual income of $40k.
And I just want to reduce my risk during interview .
Well, if he refuses to sponsor you, you can’t force him to. (And $40k is not a high income in the US even if it sounds like a lot to people from many developing countries. There is not enough information in your post to know how many family members total so whether it is enough technically, but if he won’t sign the I134 then it doesn’t matter anyway) You can either find a substitute sponsor or attempt to get the visa on your own merits.
 
#13
He is ready to sponsor me .he has no one dependent there .his spouse is my sister whose visa is under procedure.
The main question is can a same man sponsor for two different immigrants under different immigration category .
One for dv aelectee another for marriage based .
As I know that marriage based is long process so that I will be first to reach there than his spouse .
 

SusieQQQ

Well-Known Member
#14
He is ready to sponsor me .he has no one dependent there .his spouse is my sister whose visa is under procedure.
The main question is can a same man sponsor for two different immigrants under different immigration category .
One for dv aelectee another for marriage based .
As I know that marriage based is long process so that I will be first to reach there than his spouse .
Can you be more clear in your question then please, because the first one you said “he can't be my sponsor as he is already being sponsor for his wife”.
Yes someone can sponsor more than one person on different types of visas, but as I said already it depends on the number in the families.
How many in your DV case?
Does your brother in law have any other household member than your sister? (Do they have any children for example?)
If it is just you and your sister, then he makes enough under poverty guidelines to sponsor you both.
On $40k income, total household size of sponsor plus all people being sponsored cannot be more than 5.
Note that some consulates are becoming more strict on public charge. Are you reasonably certain that you can find work and maintain yourself in the US? While an i134 will help, the CO interviewing you ultimately needs to believe you can support yourself.
 
#15
That mean the people whom I have asked they responded me that the same man can't be sponsor for more than one immigrant under different category as the consular officer finds that the sponsor documents used in both immigration procedure is same for the same time.
2.And yes I'm single and also they don't have any child too. That means we will be just three.
3) And yes numbers of selectees are under pending due to public charge even they have high income sponsor but why ?
4)how to overcome public charge as I don't want to have my case pending after the interview .As they are doing more strict on dv case.
5)How can I show to the Co that I will find definite work once I have been there. And I'm civil engineering student running last year and I don't know what to say to the co exactly ..
 

Sm1smom

Super Moderator
#16
That mean the people whom I have asked they responded me that the same man can't be sponsor for more than one immigrant under different category as the consular officer finds that the sponsor documents used in both immigration procedure is same for the same time.
2.And yes I'm single and also they don't have any child too. That means we will be just three.
3) And yes numbers of selectees are under pending due to public charge even they have high income sponsor but why ?
4)how to overcome public charge as I don't want to have my case pending after the interview .As they are doing more strict on dv case.
5)How can I show to the Co that I will find definite work once I have been there. And I'm civil engineering student running last year and I don't know what to say to the co exactly ..
1 & 2. Based on the information you’ve provided, your soon to be brother in law is eligible to sponsor you. However I’m guessing the reason some have told you to find another sponsor is because they’re trying to help you ensure you have a very solid case and that the CO doesn’t get concerned about you not eventually become a public charge when you get to the US considering the $40,000 income isn’t quite a lot of money in the US.

3. A selectee can be under AP for several other reasons unrelated to public charge concerns. Precisely which selectee do you know of who had eligible sponsors and presented applicable documents but still ended in AP due to public charge? Provide more information on this and we may be able to better understand and explain what is going on with their case.

4 & 5. Get an I-134 and applicable supporting documents from an eligible sponsor.
 
#17
Thank you sir.
If I want to change sponsor do I need to unlock ds260 ?
can I unlock this form after 2Nl received ?
I have one more friend whose income is around 35k and he is single now.
Can I add him in place of my brother in law by changing the sponsor and without unlocking ds260 ?
is there any risk to make my brother in law as sponsor for me or my friend is good for me.
Can I simply present I 134 in the interview without making change in ds260 ?
 
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