sponsers responsibilty

[victorbrown 0]

is the anything explaining what could possibly happen to a sponser.

Like how much it could cost them if things went wrong?

[Yodrak 7]

victorbrown,

One estimate that you could make would be

- take 125% of the poverty level for a household of 1,

- make a guess as to an annual multiplier for inflation,

- make a guess as to how many years the sponsored alien might remain in the USA as an alien, breathing but not working

- do the math.

Yodrak

is the anything explaining what could possibly happen to a sponser.

Like how much it could cost them if things went wrong?

[lucyrich 19]

The I-864 is the document that explains it. Yodrak's method of estimating is pretty good, but you might want to add the means-tested benefits that might be received by the alien during the time he/she is breathing and not working (presumably, if you're giving the alien 125% of poverty guidelines, then he/she won't qualify for many means-tested benefits, but...)

During the time the I-864 is in effect, the sponsor must provide the alien with whatever support is necessary to maintain the alien at an income of 125% of poverty guidelines. Furthermore, the sponsor must reimburse the government for any means-tested benefits the alien receives. Both the alien and the government each have a right to sue the sponsor to enforce those obligations.

The I-864 terminates ONLY when one of four things happens. Either the alien dies, the alien leaves the US permanently, the alien becomes a US Citizen, or the alien can be credited with 40 quarters of work for social security purposes. No action on the part of the sponsor terminates the I-864. Divorce doesn't terminate the I-864. There's no fixed expiration date.

Note that the only one of the four terminating things that is absolutely certain to happen is the eventual death of the alien. If none of the other three things happen first, the I-864 could literally become a lifetime obligation.

The worst case scenario is that the alien stops working or works under the table (thus stopping accumulating quarters of work for SS purposes) and stays in the US indefinitely. This probably isn't too likely, but the consequenses are pretty bad if it does happen. In addition to the possibility of the alien just being a lazy deadbeat, consider the possibility of the alien becoming permanently disabled and unemployable. Besides choosing an alien of good moral character, there's not much you can do about the "lazy deadbeat" possibility, but the sponsor might want to be sure the alien has good disability insurance -- the sponsor might even want to pay the premiums.

[victorbrown 0]

So what happens. Say me and my spouse seperate does she take the sponser to court. Does she file for goverment asistance and then the goverment goes after the sponser.

Is there any where to read about it or any documented cases.

[Yodrak 7]

victorbrown,

Both are possible scenarios.

I believe that there have been a few court cases involving aliens suing their sponsors. About 2 years back somebody posted about one in Michigan, and a month or two ago I saw postings about another case I don't recall where.

Use Google to search the Usenet newsgroup < alt.visa.us.marriage-based > for posts on the subject by Folinskyinla.

Yodrak

So what happens. Say me and my spouse seperate does she take the sponser to court. Does she file for goverment asistance and then the goverment goes after the sponser.

Is there any where to read about it or any documented cases.

[victorbrown 0]

I just always need to know worst case senerio of anything. We only plan on living in the states a few months a year (during the rainy season in costa rica).

But if we seperated in 5 or 10 years could she then just move to the states and demand assistance.

I mean she would have to be disabled to collect she couldnt be just lazy and demand money.

[johnsmith 0]

actually this is really dangerous thing

u may actually end up supporting the sponsored immigrants kids who aren't even yours.

imagine u bring the wife here.

she divorces u and marries someone else

she doesn't have to work while her future hubby makes a lot. she has couple of kids with him.

then u are still stuck paying her 125% of federal poverty line(but now u gotta pay for 4 ppl - her, her hubby and her 2 kids)

all she has to do is not become us citizen.

even if her hubby makes $50000 a yr, she makes 0 and thus is below poverty level.

this can easily happen

[Billy 0]

Hi

What about she has on a 2 years GC? If she marrys someone else, the new husband has to sign the affidavit of support too. what will happen to the original sponsor? Will the new husband will take responsibility of supporting her?

Bill

[Yodrak 7]

victorbrown,

After 5-10 years of marriage, alimony would likely be a more serious concern than I-864.

Yodrak

I just always need to know worst case senerio of anything. We only plan on living in the states a few months a year (during the rainy season in costa rica).

But if we seperated in 5 or 10 years could she then just move to the states and demand assistance.

I mean she would have to be disabled to collect she couldnt be just lazy and demand money.

johnsmith,

An I-184 obligates one to support one person only - the named immigrant.

Yodrak

actually this is really dangerous thing

u may actually end up supporting the sponsored immigrants kids who aren't even yours.

imagine u bring the wife here.

she divorces u and marries someone else

she doesn't have to work while her future hubby makes a lot. she has couple of kids with him.

then u are still stuck paying her 125% of federal poverty line(but now u gotta pay for 4 ppl - her, her hubby and her 2 kids)

all she has to do is not become us citizen.

even if her hubby makes $50000 a yr, she makes 0 and thus is below poverty level.

this can easily happen

Bill,

Have you looked into removal of conditions yet?

Yodrak

Hi

What about she has on a 2 years GC? If she marrys someone else, the new husband has to sign the affidavit of support too. what will happen to the original sponsor? Will the new husband will take responsibility of supporting her?

Bill

[Billy 0]

victorbrown,

After 5-10 years of marriage, alimony would likely be a more serious concern than I-864.

Yodrak

I just always need to know worst case senerio of anything. We only plan on living in the states a few months a year (during the rainy season in costa rica).

But if we seperated in 5 or 10 years could she then just move to the states and demand assistance.

I mean she would have to be disabled to collect she couldnt be just lazy and demand money.

johnsmith,

An I-184 obligates one to support one person only - the named immigrant.

Yodrak

actually this is really dangerous thing

u may actually end up supporting the sponsored immigrants kids who aren't even yours.

imagine u bring the wife here.

she divorces u and marries someone else

she doesn't have to work while her future hubby makes a lot. she has couple of kids with him.

then u are still stuck paying her 125% of federal poverty line(but now u gotta pay for 4 ppl - her, her hubby and her 2 kids)

all she has to do is not become us citizen.

even if her hubby makes $50000 a yr, she makes 0 and thus is below poverty level.

this can easily happen

Bill,

Have you looked into removal of conditions yet?

Yodrak

No, my ex-wife left me with her conditional green card. She has to remove condition by herself. But I think she will marry someone else in California after we got divorced. She met him when she left me in 2004. She did sue me. But I got the case dismissed. Then I got her served. Also, her lawyer was asking for alimony but we agreed on settlement. I was trying to avoid alimony. I am not worry about alimony but worry about I-864

Bill

Hi

What about she has on a 2 years GC? If she marrys someone else, the new husband has to sign the affidavit of support too. what will happen to the original sponsor? Will the new husband will take responsibility of supporting her?

Bill

Hi Yodrak

No, my ex-wife left me with her conditional green card. She has to remove condition by herself. But I think she will marry someone else in California after we got divorced. She met him when she left me in 2004. She did sue me. But I got the case dismissed. Then I got her served. Also, her lawyer was asking for alimony but we agreed on settlement. I was trying to avoid alimony. I am not worry about alimony but worry about I-864

Bill

[babybunny 2]

actually this is really dangerous thing

u may actually end up supporting the sponsored immigrants kids who aren't even yours.

imagine u bring the wife here.

she divorces u and marries someone else

she doesn't have to work while her future hubby makes a lot. she has couple of kids with him.

then u are still stuck paying her 125% of federal poverty line(but now u gotta pay for 4 ppl - her, her hubby and her 2 kids)

all she has to do is not become us citizen.

even if her hubby makes $50000 a yr, she makes 0 and thus is below poverty level.

this can easily happen

I dont think that is correct. the new hubby would be the new sponser..

[lucyrich 19]

actually this is really dangerous thing

u may actually end up supporting the sponsored immigrants kids who aren't even yours.

imagine u bring the wife here.

she divorces u and marries someone else

she doesn't have to work while her future hubby makes a lot. she has couple of kids with him.

then u are still stuck paying her 125% of federal poverty line(but now u gotta pay for 4 ppl - her, her hubby and her 2 kids)

all she has to do is not become us citizen.

even if her hubby makes $50000 a yr, she makes 0 and thus is below poverty level.

this can easily happen

It's not quite so bad. The Federal poverty line is determined per household, not per individual. If her husband is making $50,000, her household is not below 125% of the poverty line, and thus she is owed no money under the affidavit of support.

Furthermore, while she's married, she's credited with her husband's quarters of work for social security purposes per INA 213A (3)(B)(ii). So if only one of them is working, the I-864 will terminate in ten years -- if both work, it will terminate in five years.

A sponsor who is also a spouse may want to remain married for as long as possible, in order to get as many quarters of work accumulated as possible per INA 213A (3)(B)(ii)

I dont think that is correct. the new hubby would be the new sponser..

Only if her new hubby signed an I-864. He probably wouldn't sign it unless he had to for some reason.

[Yodrak 7]

shonjaved,

It's not correct.

You and Billy seem to share the same delusion about a new spouse replacing the original spouse as sponsor. There are only 4 ways to get out from under the obligation of I-864, and divorce and remarriage are not among them.

Yodrak

I dont think that is correct. the new hubby would be the new sponser..

Bill,

You are correct, she has to remove conditions by herself. But that does not relieve you of your I-864 obligations. Nor does divorce, nor does re-marriage.

Yodrak

Bill,

Have you looked into removal of conditions yet?

Yodrak

No, my ex-wife left me with her conditional green card. She has to remove condition by herself. But I think she will marry someone else in California after we got divorced. She met him when she left me in 2004. She did sue me. But I got the case dismissed. Then I got her served. Also, her lawyer was asking for alimony but we agreed on settlement. I was trying to avoid alimony. I am not worry about alimony but worry about I-864

Bill

Hi

What about she has on a 2 years GC? If she marrys someone else, the new husband has to sign the affidavit of support too. what will happen to the original sponsor? Will the new husband will take responsibility of supporting her?

Bill

Hi Yodrak

No, my ex-wife left me with her conditional green card. She has to remove condition by herself. But I think she will marry someone else in California after we got divorced. She met him when she left me in 2004. She did sue me. But I got the case dismissed. Then I got her served. Also, her lawyer was asking for alimony but we agreed on settlement. I was trying to avoid alimony. I am not worry about alimony but worry about I-864

Bill

[Jersey Girl 2]

Scary stuff. Especially since about half of the marriages will end in divorce. Here's another question: what if the alien is not covered by medical insurance and runs up a whooper hospital bill? Is the sponsor responsible? (Whether they're still together or not.)

[diadromous mermaid 36]

Most recent published case of alien vs sponsor civil suit under the contract of Affidavit of Support was discussed on here about a week or so ago. I can't remember the thread, sorry. The case was a Pennsy case Stump v. Stump. Likely to be appealed by the USC, but right now there as a precedent for others to follow until reversed by the COA, if that occurs.

Alien *could* sue for anything if he/she finds after divorce that his/her income falls below the poverty guideline figure. The Stump case is important in that this court found that there is no compelling requirement for the alien to be working or otherwise mitigating the damages that the US citizen spouse would incur. At the moment its a strict liability situation, with the courts simply needing to determine damages. That would be a simply mathematical computation of what the alien's income is, if any, versus what the 125% poverty guideline calls for. The difference awarded to the alien from the US citizen ex-spouse sponsor. Naturally, if the alien chooses never to work and never to naturalise or leave, it could be a fairly expensive proposition for an ex-spouse. And this does not obviate the government from a similar claim, should the alien also seek benefits while not entitled.

Edited May 24, 2006 by diadromous mermaid