Joint Sponsor Bailing Out

[mrsbetz 0]

I'm trying to think about how to keep this short, but I'm sort of panicking. My dad acted as my husband's joint sponsor. Our original agreement was that the three of us (DH, me, 2 yr. old son) would live with my parents in their rural W. Texas home until DH found work--however long that took, they would pay for any increase in utilities, and we would pay for any other bills we incurred. Three months later, DH is still searching for work, and they are forcing us to leave within six weeks, and cannot offer any financial support. They are saying that there is no good reason why DH shouldn't have an IT job by now...I am working part-time to cover our bills. We can't really support ourselves on my little job. If we were in a bigger area, DH would have already taken contract work, or work in a Target, whatever he could take...this is an isolated place, and I'm lucky to have found the job I have. Since arriving, DH has worked his tail off looking for a job. It's been a lot tougher now compared to the last time he jobhunted.

This actually has more to do with my dad recently having a midlife crisis and purchasing some things they can't afford, new car, airplane, etc.

Can they really just kick us out? We don't have anywhere to go. When I read back over a photocopy of the I-864 paperwork that my dad filled out, it stated that he was obligated to help out for a certain amount of time. Is that actually enforcable?

We could prob. sort out something temporary in the nearest city (Dallas/Fort Worth), but I'm not familiar with that area anymore. Does anyone know of any bigger or more well-known staffing agencies in that area? Any that are IT-specific?

Edited January 21, 2010 by mrsbetz

[Darnell 8,478]

more suggestions for finding work:

1. show up at all chamber of commerce meetings. VOLUNTEER to help out with the CoC President for any event.

2. go to the local ToastMasters Guild Meeting - see http://www.toastmasters.org

3. start hanging out at the Rotary Club Meetings, talk to people.

4. start hanging out at the Lions Club Meetings, talk to people.

5. is DH a Mason? find the local lodge, talk to people.

IMO, finding work in new country is never about 'answering an advert' - is always about 'who you know', instead. After a few weeks of doing all of the above, the DH will have new contacts, know all about everything

as to the I-864 - I'm sorry - that's a 'contract' of sorts, between You, Your Father, and the US Government, to repay the US Government IF and ONLY IF the visa holder uses 'means tested benefits' like welfare or medicaid, or public assistance housing. You can't 'throw that' in yer Dad's face and expect anything from him, directly to the two of you.

It may be that there just is not a 'j-o-b' in his field there in that city. But there MAY BE work opportunities. Has he set up a /d/b/a with the county courthouse, set up a sole proprietorship, and started up his own company? It's not the same thing as 'getting a j-o-b', but if he's any good in IT, he can USUALLY find contracts on his own (if his sales skills are above par ) . I suggest he do that, and then talk to the local CPA there, to partner up for soliciting clients for his services. In my younger years, I partnered with CPAs, always brought in tons of work.

[Christi and Ian 24]

He bought an airplane?

Sorry - that struck me, as that's not something that people just go out and buy every day.

If your parents are cash-strapped and can't afford to help you out, where are they going to fly to? There's fuel, fees for parking the plane at whatever airport they land at...

Seems odd...

[Kirsten UK 2]

I can totally understand the time its taking to find work, I have been here 7 months and will start my first job on Monday - in a totally different field to what I am qualified and experienced in and for a tiny fraction of what I am capable of earning. I'm so sorry you find yourself in this predicament now, it must be very stressful for you and your husband and the last thing you need after recently getting married. It seems to me that everything workwise here takes far far longer than in the UK, it has been 3 months since I initially sent in my application for my job until I start work - there may not be a quick solution to your problem. I sincerely hope things work out for you soon, he must keep trying to find work, but like me he may need to look outside his field in order to get some income. Good luck

[TracyTN 237]

as to the I-864 - I'm sorry - that's a 'contract' of sorts, between You, Your Father, and the US Government, to repay the US Government IF and ONLY IF the visa holder uses 'means tested benefits' like welfare or medicaid, or public assistance housing. You can't 'throw that' in yer Dad's face and expect anything from him, directly to the two of you.

And surely your father has heard of a little thing called 'the recession'? Geez.

[sachinky 464]

The I-864 is a contract between the U.S. government and your father. It can only be enforced if the immigrant uses public benefits. The U.S. government can then sue the joint sponsor and recoup said fees.

[mrsbetz 0]

Thanks for your replies.

Christi_and_Ian, yes, he bought another cessna. You left out hanger rental. I don't know how they are going to cover the costs and he will probably end up selling it. They are very overextended. We had no idea how bad it actually is until we moved in with them.

[lucyrich 19]

The I-864 is a contract between the U.S. government and your father. It can only be enforced if the immigrant uses public benefits. The U.S. government can then sue the joint sponsor and recoup said fees.

No, INA 213A says the only way an immigrant can be admissible is if the affidavit is enforceable privately by the immigrant against the sponsor. And that's what the language in the I-864 says. Furthermore, that's the only way I've actually heard of it being enforced -- as far as I know, the government has never sued a sponsor.

Google "Stump v Stump" and "Cheshire v Cheshire" for two of the groundbreaking cases.

From 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 percentof the Federal Poverty Guidelines for his or her household size

...

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

[Darnell 8,478]

hey - any news?