Question Co-sponsor Affidavit of Support

[Pamela C Fortune 0]

Hi!

Me and my boyfriend are going thru the K-1 visa process. He is self employed and feels the need to have a backup sponsor just in case there is not enough income evidence. My question is: Will or can the sponsor suffer or get hurt physically, mentally, or financially through this process? Whether or not we are accepted. Is this process a threat to the sponsor in anyway?

[Merrytooth 5,748]

Co-sponsor I-134 for K1 visa is not legal binding.

However, at the Adjustment of Status state, the I-864 is legal binding.

So one must think 10 times before committing to be co-sponsor / joint sponsor for someone.

According to the terms of the I-864, a sponsor's obligations terminate only when one of the following conditions applies to the sponsored immigrant:

• He./she has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
• He/she becomes a United States citizen;
• He/she no longer has lawful permanent resident status, and has departed the United States;
• He/she becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new Affidavit of Support, if one is required;
• He/she dies.

While chances of being sued by govt to pay back the benefits are very low, the sponsored immigrant himself/herself could actually sue the I-864 sponsors for support:

Stump v. Stump, 2005 U.S. Dist. LEXIS 26002
Cheshire v. Cheshire - I-864 Affidavit of Support Enforcement in Divorce Action

Like this recent thread here:

http://www.visajourney.com/forums/topic/603592-can-i-sue-ex-spouse-for-support-under-i-864/

Edited July 25, 2016 by Merrytooth

[Pamela C Fortune 0]

Thanks for your explanation, Merrytooth!