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amberdima

REAL co-sponsor liability

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my potential co-sponsor wants more info than what is on the I-134 instructions. what are the REAL liabilities? does the co-sponsor's responsibilities end upon AOS if he isn't involved in the I-864? I've searched the guides and threads, but can't seem to find what i'm looking for.

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Filed: Citizen (apr) Country: Ukraine
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my potential co-sponsor wants more info than what is on the I-134 instructions. what are the REAL liabilities? does the co-sponsor's responsibilities end upon AOS if he isn't involved in the I-864? I've searched the guides and threads, but can't seem to find what i'm looking for.

Yes, the I-864, an enforceable contract, supercedes the I-134. The I-134 is very limited in its time frame and your co-sponsors real liability is virtually zero. If your fiancee were to come to the USA and apply for welfare BEFORE adjusting status, your co-sponsor (and you) could be held liable to reimburse the government for the cost of the benefits. If you do not need a co-sponsor when filing the I-864 he is off the hook.

If he co-sponsors for the I-864 his liability is still limited. If she were to go on welfare for the next ten years he could be liable to reimburse. Otherwise their is no liability. If she becomes a citizen (which she can after 3 years as a K-1) he is off the hook. If she divorces you and returns to her native country and her green card is cancelled, he is off the hook. Once she has been here 10 years, even if not a citizen, he is off the hook. So, for him to be liable she would need to file for welfare benefits, still be in the country and basically not married to you (she could still be married to you, but what are the odds of that?) This is not the same as co-signing for a mortgage or a car loan and it would not reflect on his credit score, they do not do credit checks

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my potential co-sponsor wants more info than what is on the I-134 instructions. what are the REAL liabilities? does the co-sponsor's responsibilities end upon AOS if he isn't involved in the I-864? I've searched the guides and threads, but can't seem to find what i'm looking for.

Yes, the I-864, an enforceable contract, supercedes the I-134. The I-134 is very limited in its time frame and your co-sponsors real liability is virtually zero. If your fiancee were to come to the USA and apply for welfare BEFORE adjusting status, your co-sponsor (and you) could be held liable to reimburse the government for the cost of the benefits. If you do not need a co-sponsor when filing the I-864 he is off the hook.

If he co-sponsors for the I-864 his liability is still limited. If she were to go on welfare for the next ten years he could be liable to reimburse. Otherwise their is no liability. If she becomes a citizen (which she can after 3 years as a K-1) he is off the hook. If she divorces you and returns to her native country and her green card is cancelled, he is off the hook. Once she has been here 10 years, even if not a citizen, he is off the hook. So, for him to be liable she would need to file for welfare benefits, still be in the country and basically not married to you (she could still be married to you, but what are the odds of that?) This is not the same as co-signing for a mortgage or a car loan and it would not reflect on his credit score, they do not do credit checks

thank you!

~amber

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Filed: Citizen (apr) Country: Brazil
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can someone move this to 'US Embassy and Consulate General Discussion.' sorry...

done

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Filed: Other Country: Philippines
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I do believe that it is after the permenaent resident is credited with 40 quarters of work, generaly 10 years. Not 10 years as a permenaent resident that cancels your obligation

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  • 6 months later...
Filed: Other Country: China
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my potential co-sponsor wants more info than what is on the I-134 instructions. what are the REAL liabilities? does the co-sponsor's responsibilities end upon AOS if he isn't involved in the I-864? I've searched the guides and threads, but can't seem to find what i'm looking for.

Yes, the I-864, an enforceable contract, supercedes the I-134. The I-134 is very limited in its time frame and your co-sponsors real liability is virtually zero. If your fiancee were to come to the USA and apply for welfare BEFORE adjusting status, your co-sponsor (and you) could be held liable to reimburse the government for the cost of the benefits. If you do not need a co-sponsor when filing the I-864 he is off the hook.

If he co-sponsors for the I-864 his liability is still limited. If she were to go on welfare for the next ten years he could be liable to reimburse. Otherwise their is no liability. If she becomes a citizen (which she can after 3 years as a K-1) he is off the hook. If she divorces you and returns to her native country and her green card is cancelled, he is off the hook. Once she has been here 10 years, even if not a citizen, he is off the hook. So, for him to be liable she would need to file for welfare benefits, still be in the country and basically not married to you (she could still be married to you, but what are the odds of that?) This is not the same as co-signing for a mortgage or a car loan and it would not reflect on his credit score, they do not do credit checks

Pretty much correct but under some scenarios the joint sponsor could be liable for life, the life of the beneficiary or the sponsors own life. There is no absolute end to the liability when the petitioner dies and the beneficiary never goes to work or becomes a citizen.

Further, the I-134 does indicate some liability but in actuality, is not binding, so no bills to I-134 sponsors. Only the I-864 is binding.

Facts are cheap...knowing how to use them is precious...
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