I-134 when does sponsor's resp. end?

[arg2153 0]

i'm sure this has been asked before, but i've been unable to find any information about how long an I-134 sponsor's obligations last. i've found information that states the form is binding for three years after my fiance enters the US, but have also found info stating that theresponsibilities will last until my fiance becomes a U.S. Citizen (which is impossible since he'll be getting his green card), works for 10 years, leaves the US permanently or dies.

given the conflicting answers i've found i'd like to clarify..

1) simply, does the affidavit of support last "forever"?

2) do the sponsor's obligations end three years after my fiance has entered the US, or after he works for 10 years?

3) what exactly is the sponsor responsible for? does public charge mean unemployment, unpaid debts, hospital bills?

4) if my fiance becomes a "public charge" will the govt go after me first and THEN the sponsor? in other words, is the sponsor the primary contact or the back-up?

thanks so much in advance for any advice! my fiance are so excited that our NOA2 was approved so quickly and we just need to get his pkg prepared asap. woo!

Edited May 2, 2010 by arg2153

[Penguin_ie 5,985]

1 and 2: Afaik, the I-134 isn't legally binding at all, but the I-864 which you will need to file for Adjustmnent of Status after the wedding, is. For the I-864, the rule is that you stop being responsible when the immigrant does one of the following:

- works 40 quarters (which is ten years if he works all the time)

- becomes a citizen (which he can do three years after marriage to a USC if living together)

- permanently leaves the USA and gives up his greencard

- dies.

3: Means tested government benefits. The sponsor is not responsible for hospital bills etc. There have been cases where the affidavit has been used to justify asking for spousal support after divorce though.

4. You are the primary sponsor, and yes, they wil go after you first. If you have someone else help you with the financial requirements because you don't make enough money, they are the joint or co-sponsor, but as the petitioner you are always the primary sponsor.

[Bobby+Umit 161]

To add on to what Penquin_ie posted:

With the 864 -

- however, death of the sponsor does not end the responsibility, the sponsors estate can be accessed to provide support.

[twowls 217]

i'm sure this has been asked before, but i've been unable to find any information about how long an I-134 sponsor's obligations last. i've found information that states the form is binding for three years after my fiance enters the US, but have also found info stating that theresponsibilities will last until my fiance becomes a U.S. Citizen (which is impossible since he'll be getting his green card), works for 10 years, leaves the US permanently or dies.

given the conflicting answers i've found i'd like to clarify..

1) simply, does the affidavit of support last "forever"?

2) do the sponsor's obligations end three years after my fiance has entered the US, or after he works for 10 years?

3) what exactly is the sponsor responsible for? does public charge mean unemployment, unpaid debts, hospital bills?

4) if my fiance becomes a "public charge" will the govt go after me first and THEN the sponsor? in other words, is the sponsor the primary contact or the back-up?

thanks so much in advance for any advice! my fiance are so excited that our NOA2 was approved so quickly and we just need to get his pkg prepared asap. woo!

Hi. As has been said, the I-864 is the one you need to "worry" about, but it sounds like you're needing to reassure a co-sponsor about the I-134 at this stage. Is that correct?

The I-134 is only in play for the time until AOS, when the I-864 replaces it--so just a few months. All signs point to the I-134 as not legally binding. I have yet to find a completely clear and irreproachable way to show this, but here's how I explained it to my co-sponsor:

The I-134 is not a binding contract, but a piece of evidence used at the embassy stage to indicate to the consular officer that the sponsor will be able to secure the "real" affidavit of support at the AOS stage. It is not a required form even at the consular/embassy phase, but most consulates use it as a piece of the information they consider in making their decision. It reassures them you have the capacity to get the job done later, when it counts.

From a practical standpoint, even if the I-134 were binding, it's still impossible for a sponsor or co-sponsor to be liable during the time it is "active," because the beneficiary would have to apply for public assistance during that time, and he or she is not yet an immigrant and therefore not eligible for such benefits until the Adjustment of Status, at which time the I-134 is dissolved. When a K1 first enters the country, they are still a non-immigrant. Non-immigrants don't qualify for benefits. Receiving benefits is the privilege of immigrants and citizens.

So co-sponsors should rest easy over the I-134. As for the I-864, should the beneficiary receive public assistance and the government choose to try to recoup the money, the primary sponsor would be the first target. It is extremely uncommon for a co-sponsor to get into trouble here.

I hope this helps. If anyone has anything to correct or add to this, please do. I think it would help to have a definitive explanation to offer potential co-sponsors at the I-134 stage, as what is clear to vj-ers after lots of research still needs to be translated to friends and family in a way that makes sense and clears up uncertainty.

As for the I-864, there's no way to dance around a co-sponsor's liability. It's a binding contract in effect for a long time.

[NigeriaorBust 4,087]

The 40 quarters of work is the tricky part. The way they count it it can be less than 10 years if both work and stay married. It can last forever if the immigrant and the spouse part ways and the immigrant refuses to work

[payxibka 10,044]

To add on to what Penquin_ie posted:

With the 864 -

- however, death of the sponsor does not end the responsibility, the sponsors estate can be accessed to provide support.

Bobby,

According to the I-864:

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

[Bobby+Umit 161]

Bobby,

According to the I-864:

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident and departs the United States. Divorce does not end the sponsorship obligation.

I should of been more clear - I should of stated "if any claims are made before the death of the sponsor" with what I posted.

This is clarified in the AFM - and in other places that expand on the 864:

Even when the support obligation has been terminated, the sponsor, or the sponsor's estate may still be held liable for any reimbursable amount that accrued before the termination of the obligation.

Source

It appears they treat it as credit card/bill/etc - if it was in play (if the benificiary had a claim made against them), before the death of the sponsor, the sponsors estate would have to pay that obligation.

My understanding of this is that if the benificiary uses benifits that fall under this, after the death of the sponsor, they will have no avenue of repayment via the sponsor.

Edited May 2, 2010 by Bobby+Umit

[arg2153 0]

wow, thanks all for your replies!! from what i'm reading it seems that i haven't understood the process as well as i thought. so the I-134 is rather temporary and not something to really worry about and it's the I-864 that can be troublesome. i'm still in university (1 year to go) so this is why I can't be a sponsor yet. so i guess my next questions related to the I-864 are:

1) say my mother agrees to be a sponsor. once i get a job and can support my fiance, can we "transfer" the sponsorship to me so my mother is no longer held accountable?

2) what exactly does the contract require in terms of responsibilities? food stamps, social programs, hospital bills, unpaid debts?

3) is my fiance's accumulation of 10 years of work the only way to end the sponsorship (since gaining citizenship isn't an option)?

4) in situations of public charge, will the I-864 sponsor be the primary contact or the "back-up"?

5) i'm a still a student; are there any "special case" options in which other arrangements can be made or is that simply the reason for having a sponsor in the first place?

6) if i'm on financial aid can my "income" be used to support my fiance?

[twowls 217]

wow, thanks all for your replies!! from what i'm reading it seems that i haven't understood the process as well as i thought. so the I-134 is rather temporary and not something to really worry about and it's the I-864 that can be troublesome. i'm still in university (1 year to go) so this is why I can't be a sponsor yet. so i guess my next questions related to the I-864 are:

1) say my mother agrees to be a sponsor. once i get a job and can support my fiance, can we "transfer" the sponsorship to me so my mother is no longer held accountable?

You have to be the primary sponsor even if your financial situation is inadequate. You can't transfer sponsorship as far as I know, or be released from it by any means beyond the usual 40 quarters of work, beneficiary citizenship, or death.

2) what exactly does the contract require in terms of responsibilities? food stamps, social programs, hospital bills, unpaid debts?

My understanding is that the liability plays in the event of any means-tested benefit obtained, but there may be other interpretations.

3) is my fiance's accumulation of 10 years of work the only way to end the sponsorship (since gaining citizenship isn't an option)?

I think it's the ten years, if the beneficiary becomes a citizen, or death.

4) in situations of public charge, will the I-864 sponsor be the primary contact or the "back-up"?

As re: #1, you will be the primary culprit; your mother, as the co-sponsor, would be the second person who would have to answer for any claims. This is uncommon.

5) i'm a still a student; are there any "special case" options in which other arrangements can be made or is that simply the reason for having a sponsor in the first place?

The Man doesn't forgive financial hardship. Their concern is that the beneficiary does not become a public charge, so they're not going to help you bring him despite financial obstacles.

6) if i'm on financial aid can my "income" be used to support my fiance?

I'm pretty sure that it cannot.

You'll be the primary sponsor, even if there is no "point" because you don't make any money. You'll get your mother to co-sponsor.

[LEISEROM 32]

My wife has a friend who asked me to fill out a I-864 for her as a cosponsor. Her husbands legitimate reported income was less than the federal minimum poverty guidelines. Unreported amounts who knows as there certainly was plenty of that. I reviewed the forms and was aghast that they would even ask such a thing. Nothing personal but I have substantial personal assets that I would put at risk the way I looked at it. I'm not a lawyer but am a CPA and I clearly understood the obligations. They got some people to sign. They had a party when she got her GC. We went to the party but I cant believe these people agreed to sign(they appeared to be a lot smarter than that)

[Bobby+Umit 161]

wow, thanks all for your replies!! from what i'm reading it seems that i haven't understood the process as well as i thought. so the I-134 is rather temporary and not something to really worry about and it's the I-864 that can be troublesome. i'm still in university (1 year to go) so this is why I can't be a sponsor yet. so i guess my next questions related to the I-864 are:

1) say my mother agrees to be a sponsor. once i get a job and can support my fiance, can we "transfer" the sponsorship to me so my mother is no longer held accountable?

You cannot remove sponsorship unless the beneficiary meets one of the criteria to do so - as outlined above. There is no "transferring" at all, once signed, and abjudicated, the contract is binding.

2) what exactly does the contract require in terms of responsibilities? food stamps, social programs, hospital bills, unpaid debts?

Federal means tested benefits include: SSI (Supplemental Security income), TANF (Temporary Assistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means tested benefits vary by jurisdiction.

3) is my fiance's accumulation of 10 years of work the only way to end the sponsorship (since gaining citizenship isn't an option)?

Yes, unless she dies, you die, or she abandons LPR status. *why can't she do USC?*

4) in situations of public charge, will the I-864 sponsor be the primary con[tact or the "back-up"?

Both are responsible, equally. They will contact you first, most likely, if you can't pay, they will go after the co-sponsor, or you both may part of the same suit.

5) i'm a still a student; are there any "special case" options in which other arrangements can be made or is that simply the reason for having a sponsor in the first place?

Yes, there are exceptions, but from what you posted, you do not fall under them. (Assets you have, used instead of income, immigrant has worked 40 qtrs prior to immigrating/AOS with you, for example) - other than that, the intending immigrant will need a sponsor who makes the income level needed for sponsorship before the AOS being granted.

6) if i'm on financial aid can my "income" be used to support my fiance?

Is it a means tested benefit? if so, you cannot. "Earned" benefits can be considered income, like Social Security retirement, Unemployment Compensation, and Workman's Compensation

Edited May 2, 2010 by Bobby+Umit

[gezzuzz 1]

i would think that if you are married.. and you are proving support (even thru a parent). if you got a divorce you would still have to support this person. also if this person becomes the sole support of your family.. if you get a divorce.. he would have to support you after the divorce. general divorce laws.

once this person established themself in this country i doubt they become a public charge. i know people who are complete bums in life who are not considered a public charge. but till this person is established in this country you would be morally and legally responsible for them.

[Darnell 8,478]

I know you've gotten some GREAT ANSWERS already - but - let me throw this at you.

Since yer original question was about the I-134, I have to assume yer filing the I-129F petition for a fiance.

Take out a calendar, put yer graduation date on that.

Then put the 'AOS FILING DATE' for the I-485 (guesstimate that date)

then try to figure out how much money you'll accumlate between yer graduation date and the AOS Filing Date. Accumulate. IF IT's OVER 60,000 USD, then you can use that as CASH ASSETS (monies in a bank account) for personal prove up on the I-864 filed with the AOS package.

In addition, it's always better to have a high paying job after graduation - so hei ! The pressure is ON, if you do NOT want to use a co-sponser for the I-864 on AOS filing.

So - if that 'duration' between graduation date and AOS Filing Date is enough to forecast boocoo pile o cash - you'll be OK. Otherwise, expect to have a co-sponser for the I-864 for AOS filing.

There are students here who HAVE SUCCESSFULLY come through 'the system' - so you are NOT treading through virgin territory. But - you really need to plan this out, and then execute yer plan. Money is important here, accumulation of money even more important.

Good Luck, however it turns out for you.

[VanessaTony 3,567]

Out of interest... why can't he become a USC? You said "impossible since he's getting a greencard"... the greencard and marriage to you are the PATH to becomming a USC.

Are you sure you understand the process? If your flag is correct your fiance is Canadian and Canada accepts dual citizenship (which is what he is if he has more than one citizenship).

He would come to the US on the K1 visa. You would get married and file for AOS where he would get his greencard.

90 days from the 2 year anniversary of the greencard you file for removal of conditions (ROC).

THEN after having the greencard for 3 years (the first one), and remaining married to you for those three, he can file for US citizenship. He does NOT have to give up his Canadian citizenship. If he has any other citizenships he should check those countries for their rules on dual citizenship.

If you don't remain together long enough for the 3 years of marriage (and still together) rule, then he becomes eligible after 5 years to become a USC.

Edited May 2, 2010 by Vanessa&Tony

[arg2153 0]

Hi all, thanks again for all your replies. They've been VERY helpful.

Vanessa&Tony: my fiance does not want to become a USC because he doesn't want to give up his Canadian citizenship. From what I understand, he would not be able to get dual citizenship, but I could be totally wrong about this. Does anyone know if dual citizenship is possible?

Also, we've been throwing ideas around about the I864 sponsorship. The sponsor will have to have ~18k for a two person family. Would it be enough to open up a bank account in my name that has $18k in it in order to make me eligible as a sponsor?

Out of interest... why can't he become a USC? You said "impossible since he's getting a greencard"... the greencard and marriage to you are the PATH to becomming a USC.

Are you sure you understand the process? If your flag is correct your fiance is Canadian and Canada accepts dual citizenship (which is what he is if he has more than one citizenship).

He would come to the US on the K1 visa. You would get married and file for AOS where he would get his greencard.

90 days from the 2 year anniversary of the greencard you file for removal of conditions (ROC).

THEN after having the greencard for 3 years (the first one), and remaining married to you for those three, he can file for US citizenship. He does NOT have to give up his Canadian citizenship. If he has any other citizenships he should check those countries for their rules on dual citizenship.

If you don't remain together long enough for the 3 years of marriage (and still together) rule, then he becomes eligible after 5 years to become a USC.