Jump to content

VisaJourney.com Logo
Gallery      Form Downloads      Example Forms      Processing Times      Embassy Info      Reviews: Embassy/USCIS & POE      News     Members


Latest VJ Member Visa Approvals - Congratulations!


blank avatarAmanda & Justin
K1 Visa
Canada
blank avatarShalina & Alexander
K1 Visa
Nigeria
a.als & s.als
IR-1/CR-1 Visa
Jordan
blank avatarI & S
IR-1/CR-1 Visa
Pakistan
Tom & Gladys
IR-1/CR-1 Visa
Mexico
J & J
K1 Visa
Canada
K & R
K1 Visa
United Kingdom
blank avatarSamarth & Snigdha
K1 Visa
India
blank avatarKevin & Katie
K1 Visa
United Kingdom
blank avatarDarren & Jenny
K1 Visa
Indonesia

Visa Interviews Today: Good Luck!!


David & Francinie
K1 Visa
Costa Rica
Aaron & Felipe
IR-1/CR-1 Visa
Chile
Jessica & Mohamed
IR-1/CR-1 Visa
Egypt
Aaron & Carlos
IR-1/CR-1 Visa
Colombia
Cat & Ben
K1 Visa
United Kingdom
Truong & My
K1 Visa
Vietnam
Lauren & Albert
K1 Visa
Peru
Blake & Xenia
K1 Visa
Philippines


  • Please log in to reply

I-864 and Divorce.

#31 YuAndDan

YuAndDan

    Trucker at Heart



Posted 11 June 2009 - 08:17 PM

I-864 is for GREEN-CARDS or IMMIGRANT visas, and is NOT part of filing an I-129F for a K-1 visa.

Moving this to a correct forum.

The I-864 is a contract between the sponsor and/or joint sponsor and the government, the sponsored alien cannot write a contract that absolves the sponsor or joint sponsor from the contract that they are making with the US government.

Only 5 ways out of the I-864 obligation.

  • Sponsor dies
  • Immigrant dies
  • Immigrant leaves the USA and abandons residency status
  • Immigrant naturalizes and becomes a US Citizen
  • Immigrant works and is credited with 40 quarters or work.

  • 0
OUR TIME LINE Please do a timeline it helps us all, thanks.
Is now a US Citizen immigration completed Jan 12, 2012.


Posted Image

Posted ImagePosted ImagePosted ImagePosted Image
Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,
Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

#32 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 11 June 2009 - 08:48 PM

Ok, I'm a little confused. A number of people in this thread have said the co-sponsor is not responsible for supporting the immigrant. However, this is what it says on page 6 of the I-864.

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 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on 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.



Seems pretty clear cut to me. It looks like the sponsor IS obligated to support the beneficiary. Or, am I missing something? blush.gif
  • 0

12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!


#33 MikeGood

MikeGood

    Junior Member

  • PipPip


Posted 11 June 2009 - 08:59 PM

QUOTE (JimVaPhuong @ Jun 11 2009, 09:48 PM) <{POST_SNAPBACK}>
Ok, I'm a little confused. A number of people in this thread have said the co-sponsor is not responsible for supporting the immigrant. However, this is what it says on page 6 of the I-864.

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 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on 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.



Seems pretty clear cut to me. It looks like the sponsor IS obligated to support the beneficiary. Or, am I missing something? blush.gif


See! Exactly. Someone please back this up.
  • 0

#34 Gary and Alla

Gary and Alla

    Я вижу тебя



Posted 11 June 2009 - 09:01 PM

QUOTE (JimVaPhuong @ Jun 11 2009, 09:48 PM) <{POST_SNAPBACK}>
Ok, I'm a little confused. A number of people in this thread have said the co-sponsor is not responsible for supporting the immigrant. However, this is what it says on page 6 of the I-864.

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 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on 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.



Seems pretty clear cut to me. It looks like the sponsor IS obligated to support the beneficiary. Or, am I missing something? blush.gif


Yes and no.

By providing this level of support the immigrant is not eligible (in theory) for public benefits, that is the purpose of the form, to relieve the government of obligations for the sponsors decisions. "You brought her here, you pay for it" Logical enough. So in that sense, YES they are required to provide the support needed to "disqualify" the immigrant for public welfare benefits. Welfare, being what it is, IF the immigrant files for public welfare and receives it (probably will) then the government can go after the sponsor for not meeting their obligations. SO, in practice, there is no requirement for the joint-sponsor to be giving or providing support and the USCIS makes no effort to see this is done, but if the immigrant files for welfare it is prima facie evidence the sponsor and/or joint sponsor did not meet their obligations. Unless she files for welfare, there is no practical obligation to the sponsor/joint sponsor. Other than what a husband is morally obligated to provide...emptying his wallet onto the kitchen table every Friday.

Edited by Gary and Alla, 11 June 2009 - 09:03 PM.

  • 0

VERMONT!  I Reject Your Reality...and Substitute My Own!

Gary And Alla


#35 YuAndDan

YuAndDan

    Trucker at Heart



Posted 11 June 2009 - 09:09 PM

QUOTE (MikeGood @ Jun 11 2009, 09:59 PM) <{POST_SNAPBACK}>
QUOTE (JimVaPhuong @ Jun 11 2009, 09:48 PM) <{POST_SNAPBACK}>
Ok, I'm a little confused. A number of people in this thread have said the co-sponsor is not responsible for supporting the immigrant. However, this is what it says on page 6 of the I-864.

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 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on 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.



Seems pretty clear cut to me. It looks like the sponsor IS obligated to support the beneficiary. Or, am I missing something? blush.gif


See! Exactly. Someone please back this up.
The obligations of the I-864 have been discussed on the board for years.

In cases of divorce, some have used the I-864 to hold the sponsor AND/OR joint sponsor to supporting the immigrant AT 125% better than most divorce settlements, this is the risk you take when signing this document.

http://www.ilw.com/a...10-wheeler.shtm
http://www.ilw.com/a...0608-mehta.shtm

Also in the extreme case, if a divorce happens, and a court rules that this is the case, the immigrant can simply NOT work and NOT become a US Citizen, so essentially the I-864 remains in effect for LIFE.

  • 0
OUR TIME LINE Please do a timeline it helps us all, thanks.
Is now a US Citizen immigration completed Jan 12, 2012.


Posted Image

Posted ImagePosted ImagePosted ImagePosted Image
Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,
Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

#36 Gary and Alla

Gary and Alla

    Я вижу тебя



Posted 11 June 2009 - 09:32 PM

QUOTE (MikeGood @ Jun 11 2009, 09:59 PM) <{POST_SNAPBACK}>
QUOTE (JimVaPhuong @ Jun 11 2009, 09:48 PM) <{POST_SNAPBACK}>
Ok, I'm a little confused. A number of people in this thread have said the co-sponsor is not responsible for supporting the immigrant. However, this is what it says on page 6 of the I-864.

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 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on 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.



Seems pretty clear cut to me. It looks like the sponsor IS obligated to support the beneficiary. Or, am I missing something? blush.gif


See! Exactly. Someone please back this up.


I qam beginning to think Barron555 is right.

Mike, you are getting married. This means obligation. You cannot contract yourself out of it. And it isn't because she is foreign. If you cannot handle that, do not get married. My first wife took me to the cleaners and she was an American and had no I-864! She gambled away half what we had and then got the other half when I divorced her! So what? I got off cheap, actually.

Frankly, if I was your fiancee and you presented me this contract I would tell you to take a hike. I would never enter a marriage preparing for a divorce, but that is just me and I told you I give opinions sometimes.

You and your father will NOT get any enforceable contract denying her immigration benefits. Either accept the rather minimal risk, or bail out.

I appreciate YuandDan mentioning the potential, but I think he will even admit it is a rare thing (probably less rare than collecting welfare tongue.gif) but still.

Everyone else in the process does this, you are not the Lone Ranger. Maybe you are not ready for the committment necessary.

  • 0

VERMONT!  I Reject Your Reality...and Substitute My Own!

Gary And Alla


#37 MikeGood

MikeGood

    Junior Member

  • PipPip


Posted 11 June 2009 - 09:39 PM

QUOTE (Gary and Alla @ Jun 11 2009, 10:32 PM) <{POST_SNAPBACK}>
QUOTE (MikeGood @ Jun 11 2009, 09:59 PM) <{POST_SNAPBACK}>
QUOTE (JimVaPhuong @ Jun 11 2009, 09:48 PM) <{POST_SNAPBACK}>
Ok, I'm a little confused. A number of people in this thread have said the co-sponsor is not responsible for supporting the immigrant. However, this is what it says on page 6 of the I-864.

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 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on 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.



Seems pretty clear cut to me. It looks like the sponsor IS obligated to support the beneficiary. Or, am I missing something? blush.gif


See! Exactly. Someone please back this up.


I qam beginning to think Barron555 is right.

Mike, you are getting married. This means obligation. You cannot contract yourself out of it. And it isn't because she is foreign. If you cannot handle that, do not get married. My first wife took me to the cleaners and she was an American and had no I-864! She gambled away half what we had and then got the other half when I divorced her! So what? I got off cheap, actually.

Frankly, if I was your fiancee and you presented me this contract I would tell you to take a hike. I would never enter a marriage preparing for a divorce, but that is just me and I told you I give opinions sometimes.

You and your father will NOT get any enforceable contract denying her immigration benefits. Either accept the rather minimal risk, or bail out.

I appreciate YuandDan mentioning the potential, but I think he will even admit it is a rare thing (probably less rare than collecting welfare tongue.gif) but still.

Everyone else in the process does this, you are not the Lone Ranger. Maybe you are not ready for the committment necessary.


Nope, part of the contract was her idea.
But thanks guys.
You only saw a few of my brief questions, I have a good understanding for most.
This isn't about me, or getting out of anything. It's simply about giving my farther security so he can trust this.
Night.
  • 0

#38 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 11 June 2009 - 09:40 PM

Dan beat me to the cites. The lawsuits stem from spousal support cases. OP is first in line for these actions, so the co-sponsor has some protection.

OP needs to have a frank discussion with the potential co-sponsor regarding the obligations that they BOTH will undertake. OP has stated that he hopes that after the co-sponsor (petitioner's father) meets the fiance things will be more comfortable.

As one respected member here on VJ has said many times: the OP needs to understand the adult realities of the immigration process and prepare accordingly. If this means staying engaged for a longer period of time while you get your career started, that isn't a bad option. Having a fiance in a visa waiver country where you can visit each other is a nice situation.
  • 0

#39 Brad and Vika

Brad and Vika

    Just monkeyin' around



Posted 12 June 2009 - 02:56 AM

QUOTE (Gary and Alla @ Jun 11 2009, 10:32 PM) <{POST_SNAPBACK}>
My first wife took me to the cleaners and she was an American and had no I-864! She gambled away half what we had and then got the other half when I divorced her! So what? I got off cheap, actually.


And that is the acid test, isn't it? In hindsight, any price I paid to finally say adios to my ex was a bargain.


  • 0
Posted ImagePosted Image

Travelers - not tourists


Posted Image


#40 Gary and Alla

Gary and Alla

    Я вижу тебя



Posted 12 June 2009 - 06:01 AM

QUOTE (Brad and Vika @ Jun 12 2009, 03:56 AM) <{POST_SNAPBACK}>
QUOTE (Gary and Alla @ Jun 11 2009, 10:32 PM) <{POST_SNAPBACK}>
My first wife took me to the cleaners and she was an American and had no I-864! She gambled away half what we had and then got the other half when I divorced her! So what? I got off cheap, actually.


And that is the acid test, isn't it? In hindsight, any price I paid to finally say adios to my ex was a bargain.


And now the OP is preparing to jump off a bridge! LOL

No gaurantees...choose wisely
  • 0

VERMONT!  I Reject Your Reality...and Substitute My Own!

Gary And Alla


#41 Bobby+Umit

Bobby+Umit

    Amor Vincit Omnia



Posted 12 June 2009 - 09:10 AM

Next best thing is to make them an USC ASAP. (then it erases the 864) - you can do that in 3 years (or so) upon arrival if you follow the guidelines.





  • 0
My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

#42 Nik+Heather

Nik+Heather

    Blanket Stealer



Posted 12 June 2009 - 10:25 AM

QUOTE (MikeGood @ Jun 11 2009, 05:54 PM) <{POST_SNAPBACK}>
QUOTE (baron555 @ Jun 11 2009, 08:51 PM) <{POST_SNAPBACK}>
Me and my fiance are planning to file for our K1, but I need my parents to Co-sponsor her.


Maybe you should wait until you are more financially able to support her and your relationship is better established?

Sounds like you are rushing into things you are not ready to deal with.


Nope, I have enough money in the bank to pay for all the fees for the K1, fly her here and back twice, fly me there once. And enough to start rent somewhere for a few months to find jobs.

I just got out of college and didn't have 'steady' income, that's all.
We've both been planning and saving, and my Nan and family are behind us to help us. Like pay for an attorney for the K1 process etc.


OK, so you haven't even filed yet, and now you are out of school. If you get a job which meets the 125% poverty line, which hopefully won't be too difficult for someone with more than a High school education, you can take your father completely out of the picture. In London, where you will presumably be interviewing, if you have a regular job (as opposed to self-employed), they use your income at the time of the interview to determine if you meet the requirements. Without having started the process yet, you'll have at least 6 months before the interview, and nearly a year before you apply to adjust status. I really don't see why you need to involve your father at all. If you start working, you can sponsor her all by your self, and stop putting your father in a position where he obviously feels so uncomfortable!


QUOTE (Gary and Alla @ Jun 11 2009, 07:32 PM) <{POST_SNAPBACK}>
Frankly, if I was your fiancee and you presented me this contract I would tell you to take a hike. I would never enter a marriage preparing for a divorce, but that is just me and I told you I give opinions sometimes.

Everyone else in the process does this, you are not the Lone Ranger. Maybe you are not ready for the committment necessary.


My feelings exactly.
  • 0
K-1:
January 28, 2009: NOA1
June 4, 2009: Interview - APPROVED!!!
October 11, 2009: Wedding

AOS:
December 23, 2009: NOA1!
January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.
March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!
March 27, 2010: Green Card recieved

ROC:
March 1, 2012: Mailed ROC package
March 7, 2012: Tracking says "notice left"...after a phone call to post office.



More detailed time line in profile.

#43 MikeGood

MikeGood

    Junior Member

  • PipPip


Posted 12 June 2009 - 11:32 AM

Last time I'm posting.
I simply was asking a few questions that are not typical and shown on any sites.

We are not 'preparing for divorce' I have no doubts that things will be perfect with this lady. And my dad is not THAT uncomfortable. I am just looking to show him as much security as possible. And yes, if I had to wait and get my own income, I would. I am dedicated to this and you all have the wrong idea. I'm sorry I asked out of the ordinary questions.

Good day.

P.S. and the contract was HER idea, I said that. So READ the topic and posts before you reply.

Edited by MikeGood, 12 June 2009 - 11:33 AM.

  • 0

#44 Ju&Ja

Ju&Ja

    Gold Member

  • PipPipPipPipPipPipPipPip


Posted 12 June 2009 - 12:34 PM

QUOTE (MikeGood @ Jun 11 2009, 03:24 PM) <{POST_SNAPBACK}>
Me and my fiance are planning to file for our K1, but I need my parents to Co-sponsor her.
The thing that is putting everyone off a bit is that you have to continue to support them AFTER divorce.

My questions are, if we marry and only last for a year, won't she have to leave the country? Or can she still stay, I don't see how that is legal.

And two: THIS IS THE IMPORTANT QUESTION. -please read!-
Is there a way to get a contract and have her sign it saying that "If we file for divorce while still under the I-864, she will willingly abandon the I-864 etc"
To basically put security there, she would be willing to, I just need to make my dad feel at ease.
Can that be done?


If I can give you an advice : don't marry her !
If you already think about the divorce before to get married it is not a good sign for the future sad.gif
  • 0

#45 MikeGood

MikeGood

    Junior Member

  • PipPip


Posted 12 June 2009 - 02:32 PM

QUOTE (JulietteDumont @ Jun 12 2009, 01:34 PM) <{POST_SNAPBACK}>
QUOTE (MikeGood @ Jun 11 2009, 03:24 PM) <{POST_SNAPBACK}>
Me and my fiance are planning to file for our K1, but I need my parents to Co-sponsor her.
The thing that is putting everyone off a bit is that you have to continue to support them AFTER divorce.

My questions are, if we marry and only last for a year, won't she have to leave the country? Or can she still stay, I don't see how that is legal.

And two: THIS IS THE IMPORTANT QUESTION. -please read!-
Is there a way to get a contract and have her sign it saying that "If we file for divorce while still under the I-864, she will willingly abandon the I-864 etc"
To basically put security there, she would be willing to, I just need to make my dad feel at ease.
Can that be done?


If I can give you an advice : don't marry her !
If you already think about the divorce before to get married it is not a good sign for the future sad.gif


Again, read all the posts. Like my last one!
  • 0



Back to Top ↑
Create an account or sign in to comment
You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community.
It's easy!


Register a new account

Sign in

Already have an account?
Sign in here.


Sign In Now


0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.