K-1 and AOS sponsor financial/legal reponsibility

[ezmiller 0]

A question about the legal obligations incurred at in the process of K-1 and AOS. My main source of info aside form this site has been a NOLO Guide to Finance and Marriage Visas. The pattern I have noticed is that the book makes things seem extremely strict and difficult. People on this site seem to suggest there is often a little more wiggle room. The NOLO guide I have says that the sponsor ship form on the K-1 (I-134 I think) is pretty weak legally speaking, whereas the AOS sponsorship form (I-864) has a lot of legal weight. Is this the case?

Now I understand that the legal obligation incurred is not actually a potential threat of a ex suing you, but rather that an ex might need to go on some sort of public assistance and then that you would be sued by the government to recoup losses the government has incurred. Is that right? Or is it both?

I guess my general question is how serious these legal obligations really are. Is the Nolo guide correct to make the I-864 seem like a very serious document, exposing the finances of the sponsor for 10 years?

[gmjdmj 2]

Are you asking if you and your fiance get divorced, and if she/he goes on benefits, will you be sued?

[Gary and Alla 3,694]

A question about the legal obligations incurred at in the process of K-1 and AOS. My main source of info aside form this site has been a NOLO Guide to Finance and Marriage Visas. The pattern I have noticed is that the book makes things seem extremely strict and difficult. People on this site seem to suggest there is often a little more wiggle room. The NOLO guide I have says that the sponsor ship form on the K-1 (I-134 I think) is pretty weak legally speaking, whereas the AOS sponsorship form (I-864) has a lot of legal weight. Is this the case?

Now I understand that the legal obligation incurred is not actually a potential threat of a ex suing you, but rather that an ex might need to go on some sort of public assistance and then that you would be sued by the government to recoup losses the government has incurred. Is that right? Or is it both?

I guess my general question is how serious these legal obligations really are. Is the Nolo guide correct to make the I-864 seem like a very serious document, exposing the finances of the sponsor for 10 years?

Regarding the I-134, it is a weak, even non-existant, legal document. It is not enforceable and not even a contract. It is not even required. YOU have to demonstrate you can support your fiancee, that she will not become a public charge, to the consulate. You can use the pre-printed I-134 or make up your own affidavit of support. The I-134 has best been described as a "cover letter" or summary of what you attach to it. While it has no legal bearing the consualte can refuse to issue a visa based on not adequate support...so where does that leave YOU, legally?

Assuming the visa is issued, she comes to the US and you get married, you then file the I-864, which is indeed a legally enforceable contract between you and the government. In this document you guarantee you will provide a level of support equal to 125% of federal poverty guidelines (or your joint sponsor does) If you default and the immigrant becomes a public charge they can attach your wages, jump in even before taxes (which is why they credit you with gross income), place leins on your property, etc. Yes, they can garnish a bank account. And YES you CAN be sued based on this. In fact many times in a divorce the immigrant asks for and receives "alimony", spousal support, whatever you want to call it, in the amount of 125% of federal poverty guidelines which is more than any estranged spouse could otherwise hope for nowadays. I mean you would be looking at alimony of $9,000+ per year per person, multiply if she has children. , who gets that kind of alimony anymore? I mean besides wives of movie stars or something. Never make the mistake the government cares about you or your fiancee, they just want to have a clear path to their money

The term of the I-864 is rarely 10 years, but that is the maximum. If you file joint tax returns your spouse receives 4 credits for every year for herself and you. My wife arrived last September, we filed joint for 2008 and according to her 2009 SS statement she has 8 quarters credit already, in a couple months she will have 16 credits. She will meet the qualifications in 5 years. Actually 4 years and 3 months from when she arrived. She can become a citizen in less than two years, also relieving the obligation. If she divorces me and goes back to Ukraine and surrenders her permanent residency, the contract is null and void.

The I-134 is something you need to do, it is not a legal obligation in itself. You want the visa? You do it. The I-864 is a serious document, it is a serious obligation. Now, however, they I-864 does not obligate you or the joint sponsor to other debts, so the obligation is limited to that specific purpose. If you do not get divorced and she does not go on welfare, there is no worries. They cannot come after the joint sponsor for her credit card debt or car payment. You are not "co-signing" for anything else.

The other obligation is that if your joint sponsor wishes to sponsor an immigrant him or her self the I-864 they signed for your spouse counts for tham as a "family member" If you get divorced and your ex remains in the USA, she remains a "family memeber" for you in sponsoring another immigrant. Just some other caveats, and not unheard of around VJ expecially.