Hi ,

My late husband told my co-sponsor that would not cost her a dime for me to be here and I was respecting this deal since his death on Dec. 5th, 2006.

Now she is cheating on me, not only giving few money from my inheritance because I could not pay an attorney but also asking me to reimburse the 500 bucks her late husband gave to me as well as reimbursing her what it cost for her to send my late husband's books to him - about 300 bucks. And of course she asked me to reimburse the 500 bucks she GAVE to me.

From that point, the deal that was made between her and my late husband is broken (I loved him so much so I respected his words - because she thinks I am a fool) and for telling the truth, since I can not work nor drive my car I better find the way to make my co-sponsor to fill her responsibilities.

My question is: do I need an attorney? If I need, then I can not. Otherwise, please tell me how I could make her fulfill her own responsibilities towards me.

Thank you
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uh huh, someone is going off the reservation. Anyone got any advice.

Well I'm no attorney, but one role of the sponsor or co-sponsor is to keep you from becoming a ward of the state i.e. keep the federal government from paying any money to support you. Things like food stamps, welfare and subsidized housing to name a few. If you start applying and qualifying for any government financial support of these types among others I imagine your co-sponsor might get a little reminder in the mail from the U.S. Gov. I'm not sure the reason you are unable to work but if you are out of work you may qualify for some of these programs.

I'm sorry to hear about your situation.

I would suggest to consult a laywer in your case. Many attorneys provide a free-of-charge initial consultation. Alternatively, you might want to contact local charities who might be able to refer you to an attorney who could represent you on a pro-bono basis.

Since you don't have a timeline, I can only assume from your post that you and your late husband were married at some point in 2006, so you should be done with AOS.

You are in a tough situation, losing your beloved husband and now having to deal with the co-sponsors behavior. He or she should've known the responsibilities that come with being a co-sponsor in the first place.

If there is any possibility, try to get a driver's license and a job. Just to piece your life back together and to avoid any further confrontations with the co-sponsor.

I hope you find the strength to get through this rough time.

The co-sponsor has no responsibilities towards you. The co-sponsor has responsibilities towards the US government....if you receive benefits from the govt (if the governement has to support you) then technically the US government can sue the co-sponsor to recover the money they lost supporting you.

But to you...NO, he/she has no responsibility.

I would suggest you find a job...and begin to support yourself if you choose to stay here. Once you've established yourself somewhat, you can hire an attorney to look into the situation of you not receiving any inheritance that is owed to you.

- P

Right, your inheritance is a separate issue from any obligation your co-sponsor may eventually have to the US government. If you need government assistance, then get it and if they bill the co-sponsor, that's between them.

If you are due an inheritance, you'll probably need an attorney.

FOR THE FOLKS WHO DID NOT GET IT:
I CAN NOT WORK
I CAN NOT DRIVE MY CAR
THAT'S OVER SINCE TODAY.

I DID MY CHANGE OF STATUS
GOT THE PROOF OF IT
BUT THEY ARE ....AH...JUST FORGET IT.

THANK YOU.

Your posts are confusing to those of us that wish to help. Why can't you work? Why can't you drive your car? What status did you change? Do you mean that you successfully adjusted status with your deceased husband?

Yes, there is confusion both on the part of the OP regarding responsibilities of the co-sponsor and with her explanation of her status. If she came on a CR1 visa as indicated in the profile, there would be no status to adjust. Perhaps she removed conditions.

Why can't she work?

Why can't she drive her car?

The first help she needs is to understand the facts and pertinent relationships involved. It sounds like the co-sponsor has some other relationship or responsibilities as well, like executor of her husband's estate and/or custodian of the inheritance.

The best we can do for her with the information available is to clear up the co-sponsor related responsibilities.

What should we get? That ...since today you are a disabled person who can qualify for some gov wellfare? How did you manage that-by reading some medical books and finding a naive doctor to provide you with docs? If it is the story and you do this just to get the co-sponsor, I think it is not smart for a long run. It is better to establish yourself here. I would tell co-sponsor that I will see her in court some day and that I will start saving for the lawyer. If you have some idea how she cheated on your inheritance, tell her that she would pay it with interest (the same way IRS tax for late filings).

I am curious about the obligation because I have read on here several times that it is only to the government, but the I-864 verbage doesn't support that statement. The co-sponsor would seem to have an obligation to the applicant based on the contract. The contract states:

"What Does Signing the Form I-864 Require Me to do?
If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:
--
Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percentof the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and areon active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)
--
Notify USCIS of any change in your address, within 30 days of the change, by filing Form I-865.

What Other Consequences Are There?
If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to beavailable to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits andalso for State or local means-tested public benefits, if the State or local government's rules provide for consideration("deeming”) of your income and assets as available to the person.

This provision does not apply to public benefits specified in section 403© of the Welfare Reform Act such as, but notlimited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National SchoolLunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-testedprograms under the Elementary and Secondary Education Act.

What If I Do Not Fulfill My Obligations?
If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person whobecomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for theamount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount thatthe agency believes you owe.

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legallypermitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection,including attorney fees."

I have also seen stories on the internet where courts awarded alimony at the poverty guidelines in cases where it would otherwise be unwarranted or substantially less. I am not a proponent of legal action, but I think she should definitely consult an attorney.

She could try sueing for support but there are only two cases, both recent, where a divorced LPR has successfully petitioned a divorce court for spousal support equal to the 125%. The conventional wisdom is that both those decision are travesties but certainly at least two judges and plaintiffs think they were correct as do many more.

Sueing the sponsor for support is certainly a possibility but history indicates it's a long shot. What tends to happen is the immigrant goes to the government instead of an attorney they can't afford and then the government collects.

I was guessing that would be the case (it being a longshot) or else you would hear alot more cases of lawsuits being brought against USC from ex-spouses. But reading the contract sure makes it sound like the door is wide open. If there have only been two cases involving divorce, I imagine it would be impossible to obtain a support order against a co-sponsor.

I wouldn't rest upon the thought that only 2 cases exist. Two cases that are published, perhaps. but much goes on in the family court that is not published.

The co-sponsor doesn't have to give you anything. They only have to prevent you from becoming a public charge, and if you do become a public charge, pay back the government.

They don't have any responsibilities toward you.

Unless you successfully sue them and get a judgment. (Not a likely outcome with a joint/co sponsor)

My girlfriend had consulted a few attorneys and tried to enforce I-864. Nobody wanted to touch a divorce through this end. She pretty much was told that in practice it is impossible to make sponsor/co-sponsor to pay directly to her.
Of course, if she would hire an expensive lawyer and pay by hour, they might find some ways but, of course, without garantee.

Same sex marriage is not recognized by federal govt and USCIS