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maryandatif

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Filed: AOS (pnd) Country: Morocco
Timeline

Does anybody know the actual stats about if any co-sponsors have been sued before? or if at all?

This can be VJ wide not just ME/NA forum.

I understand that it is a possibility--it says so right on the forms. I just need some stats to help plead my case----again.

Thanks in advance!

Mary K.

Mary (NC) Atif (Youssoufia)

NOA2 for 129F on 16 Nov 2005......NOA2 for I-130 on 28 Nov 2005

INTERVIEW DATE SCHEDULED FOR 9AM[GMT] 27 FEBRUARY 2006-Issued 221g for Validity of relationship....told being sent back to USCIS/Atif Received Visa On 10 March 2006

AOS/EAD

10 July 2006--signed I-485 and I-765

25 July 2006 recieved NOA-1 for both

18 Aug 2006 Biometrics Appt.

21 Oct 2006 EAD arrives in mail

26 Dec 2006 received aapt.->01 Feb 2007 AOS interview->CANCELLED! rescheduled 01 Aug 2007-waiting

09 Feb '07-received denial of AOS--#######??!! MTR filed--Interview-01 Aug 07

27 Sept '07-I-765 [#2] filed--14 Nov '07 Biomerics for I-765 [#2]

Take it from me....GO TO THE AOS INTERVIEW DATE ANYWAY!!!!! EVEN IF YOU GET THE SNAIL MAIL NOTICE!!!

August 2009--Permanent Resident Card arrives!!!!

We are Finished with Immigration for 10 years!!!!

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I was going through this because we needed a co-sponsor. One of the immigration attorneys I spoke with (who had been at it for 10 years) said it was a "paper tiger" and that he has never seen anybody be sued. Another one I spoke with said the same thing, that he had never seen it happen. Not that this helped convince anybody on my side to be a co-sponsor (but we eventually found one, who will hopefully also do our AOS).

They also told me that if the government were to come looking for money, they would come after me before they would go to the co-sponsor, since I would still be the primary sponsor.

I can also tell you that in scrutinizing these forums regarding cosponsors over the last year I have yet to come across any stories of the government coming after anybody, not even second- or third-hand. For what it's worth.

I hope you find a co-sponsor really soon!

Sharon

Edited to add: At my fiance's interview they didn't ask for either my I-134 or the cosponsor's... but for a K-3 it might be different.

Edited by kerewin21

Inlovingmemory-2.gif

October 13, 2005: VISA IN HAND!!!

November 15, 2005 - Arrival at JFK!!!

January 28, 2006 - WEDDING!!!

February 27, 2006 - Sent in AOS

June 23, 2006 - AP approved

June 29, 2006 - EAD approved

June 29, 2006 - Transferred to CSC

October 2006 - 2 year green card received!

July 15, 2008 - Sent in I-751

July 22, 2008 - I-751 NOA

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Filed: Timeline
Does anybody know the actual stats about if any co-sponsors have been sued before? or if at all?

This can be VJ wide not just ME/NA forum.

I understand that it is a possibility--it says so right on the forms. I just need some stats to help plead my case----again.

Thanks in advance!

Mary K.

It might be difficult to find one source of statistics, if such are compiled, if an alien receives federal means during the ineligibility period, the sponsor can be sued by a Federal, State or local government agency for reimbursement. And states adopt their own policies for holding sponsors accountable by designating their own list of welfare programs and adopting procedures for recovery from sponsors. Typically, each Agency has a procedure. A request is served on the sponsor indicating the benefits drawn and the total amount to be recovered. The sponsor has 45 days to respond to the Request for Reimbursement to pay in full or arrange a repayment schedule. If the sponsor fails to answer the agency may then commence legal action either in State or Federal court.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: AOS (pnd) Country: Morocco
Timeline

Thanks........hopefully I cn find one soon----

LOL...........my sister said she was concerned for the "psycological damage" my nephew would face if we ended up moving to Morocco....I told her if she was all "concerned" for his well-being then she could always sponsor my husband.....if not for me then for her nephew. Either way.....everything I have is going out next week. I had hoped to have it all to him by mid January---oh well!

Mary (NC) Atif (Youssoufia)

NOA2 for 129F on 16 Nov 2005......NOA2 for I-130 on 28 Nov 2005

INTERVIEW DATE SCHEDULED FOR 9AM[GMT] 27 FEBRUARY 2006-Issued 221g for Validity of relationship....told being sent back to USCIS/Atif Received Visa On 10 March 2006

AOS/EAD

10 July 2006--signed I-485 and I-765

25 July 2006 recieved NOA-1 for both

18 Aug 2006 Biometrics Appt.

21 Oct 2006 EAD arrives in mail

26 Dec 2006 received aapt.->01 Feb 2007 AOS interview->CANCELLED! rescheduled 01 Aug 2007-waiting

09 Feb '07-received denial of AOS--#######??!! MTR filed--Interview-01 Aug 07

27 Sept '07-I-765 [#2] filed--14 Nov '07 Biomerics for I-765 [#2]

Take it from me....GO TO THE AOS INTERVIEW DATE ANYWAY!!!!! EVEN IF YOU GET THE SNAIL MAIL NOTICE!!!

August 2009--Permanent Resident Card arrives!!!!

We are Finished with Immigration for 10 years!!!!

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Before the site went down, I remember reading a thread about the same thing. A case where the sponsor was sued was mentioned. I don't remember all the details, but I believe it was a wife/ex-wife suing to be brought up to the 125% poverty level. If I recall, the discussion was saying for example if that person were making X amount of dollars, the amount awarded would be the extra amount needed to bring her up to that level.

I don't know the case personally and don't know how to bring up the old thread, but it seemed at the time several VJ posters were familiar with this case. Maybe someone in the know will chime in.

Rebecca

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

rhouni You mean they caused a problem cause she didnt meet the 125% proverty level? Or she had used the assistance? Its all consfusing to me as long as your not on assistance should be the important part not how much you make. Just cause your of lower income dont mean your on assistance.

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rhouni You mean they caused a problem cause she didnt meet the 125% proverty level? Or she had used the assistance? Its all consfusing to me as long as your not on assistance should be the important part not how much you make. Just cause your of lower income dont mean your on assistance.

I don't know the case personally. It was not a case of the government suing the sponsor for receiving benefits. In the case that was discussed, a woman was suing the man, her sponsor for financial support, according to the part of the affidavit that states the sponsor assumes legal responsibility for financial support. The discussion revolved around how much exactly she could sue for, and I believe the consensus was 125% of the poverty level. Some people suggested that if she had an income of her own, the sponsor would only be responsible for the difference. Again, I don't know the case personally and I am only going on what I remember reading here. I also don't recall what the outcome was, but someone who was involved in that discussion hopefully will join in here.

On another note, I think an immigration attorney is not necessarily going to know about lawsuits relating to sponsorship. If I was being sued for financial support, I would not go to an immigration attorney for representation. Enforcement of sponsorship is not really an immigration issue. Diadromous Mermaid said how it would be processed, and it sounds similar to a collections case to me.

Rebecca

Here, I found a case of it being enforced. http://www.ilw.com/articles/2006,0110-wheeler.shtm Probably the case that had been discussed on here before.

Rebecca

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Filed: Timeline

Wow, Thanks for the research Rebecca. One of the issues I had to address when doing the affidavit of support this time was that I had sponsored my ex-husband in 1999. I had to call him this week to ask him if he had gotten his citizenship.

I was quite happy to hear that when he filed his AOS after our divorce he had his attorney change his sponsor to someone else so I am no longer liable for him. To further prove that, he was able to bring his new wife here on a marriage visa about the same time Abdel got here, even though he is still waiting of the citizenship papers. He passed the interview well over a year ago, and all the tests, but since he's Muslim he's guessing the citizenship documents are on permanent hold.

Abdel was surprised to find out that I could still be liable for an ex-husband who was married to somebody else. He hadn't realized just how much we do for these men (or women) when we sponsor them.

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Interesting article, thanks for digging it up. This is the reason my parents refused to cosponsor my fiance. It seems as though there is not a clear record on this at all in the legal system, since it's been so rarely applied.

I think important to remember is this paragraph at the bottom:

he author is not aware of any successful actions to obtain reimbursement for means-tested benefit programs obtained by the alien, largely due to the following: (1) sponsored aliens are barred from receiving these benefits for a five-year period in most jurisdictions; (2) after this five-year period, the income of the sponsor is deemed to the alien in determining financial eligibility; and (3) most states have not implemented a system for seeking such reimbursement in cases where the alien does access benefits. Over the course of the last nine years, only a handful of actions have been brought against sponsors by the sponsored alien, and all have been by disgruntled spouses.

It's pretty unlikely that it'll end up being a problem, but you never know. Just like in life...

Inlovingmemory-2.gif

October 13, 2005: VISA IN HAND!!!

November 15, 2005 - Arrival at JFK!!!

January 28, 2006 - WEDDING!!!

February 27, 2006 - Sent in AOS

June 23, 2006 - AP approved

June 29, 2006 - EAD approved

June 29, 2006 - Transferred to CSC

October 2006 - 2 year green card received!

July 15, 2008 - Sent in I-751

July 22, 2008 - I-751 NOA

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Filed: AOS (pnd) Country: Egypt
Timeline

It's a big deal to agree to be financially responsible someone. You are willing to do this because you're in love, but your sister....... I think you are putting her in a bad situation. If you don't meet the guidelines, then you should find another job. Also, if you don't meet the guidelines, how are you going to live once your fiance/husband gets here?

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