Co-sponsor wants to pull out before Removal of Conditions

[Cigarovich 1]

Hi there. Long time no post.

So I'm going through a rocky patch in my marriage, and don't know if it'll work out between my wife and me. However, it seems I'll be biting the bullet this spring and we'll be putting the i-571 through to get her the ten-year green card. My co-sponsor for the initial green card she has is aware of my difficulties and has a frayed relationship with my wife. He wants to, in his own words, "unhook himself from a massive liability", and pull out as a co-sponsor. Can he do that?

Feel free to offer words of support, but I'm obviously writing primarily to get an answer to my question, or at least a referral.

Thanks in advance,

C

Edited January 25, 2010 by Cigarovich

[Lona.C. 16]

Hi there. Long time no post.

So I'm going through a rocky patch in my marriage, and don't know if it'll work out between my wife and me. However, it seems I'll be biting the bullet this spring and we'll be putting the i-571 through to get her the ten-year green card. My co-sponsor for the initial green card she has is aware of my difficulties and has a frayed relationship with my wife. He wants to, in his own words, "unhook himself from a massive liability", and pull out as a co-sponsor. Can he do that?

Feel free to offer words of support, but I'm obviously writing primarily to get an answer to my question, or at least a referral.

Thanks in advance,

C

I dont think he can pull himself out ,

he made a commitment with the gov not with you or your wife ,

only way he would be released would be

if your wife became a USC or returnd to her country or waite 10 years till his obligation to the gov is fullfiled

or the LPR dies ,

and since he is the cosponsor and your the primery sponsor if it should come down to it and your wife would become a public charge,

the gov would first go after you before he would go after the cosponsor

[Minya's wife 24]

There is no financial sponsorship portion during removal of conditions. That was for AOS....and your sponsor is cannot 'unhook' himself two years down the road. His "liability" is in effect until the immigrant satisfies any of the conditions below. (Keep in mind, the sponsor's singature on the I-864 signals a contract between the sponsor and the US government, not between the sponsor and immigrant.)

Sponsor obligations under a Form I-864 will end if/when the immigrant sponsored :

- Becomes a U.S. citizen

- Work, or can be credited with, 40 quarters of coverage under the Social Security Act

- No longer has lawful permanent resident status, and has departed the United States

- Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status,based on a new affidavit of support, if one is required;

- Dies

[Bobby+Umit 161]

waite 10 years till his obligation

Could be longer than 10 years...

If the beneficiary of the affidavit never has 40 quarters of work credited to them (which takes 10 years of work (only) to do BTW), by not working, or working part time, you see where I am going with this...

[Lona.C. 16]

Could be longer than 10 years...

If the beneficiary of the affidavit never has 40 quarters of work credited to them (which takes 10 years of work (only) to do BTW), by not working, or working part time, you see where I am going with this...

yup i see in pure english the cosponsor is eh hmm yeah screwd oops I meen stuck

[Cigarovich 1]

Thank you all for your replies, and so quick too. This site's support network is even better than I remember. Wish everything in my life ran as smoothly

[sh18 3]

Could be longer than 10 years...

If the beneficiary of the affidavit never has 40 quarters of work credited to them (which takes 10 years of work (only) to do BTW), by not working, or working part time, you see where I am going with this...

I worked 4 years so far and have like 28 quarters already: I think it depends on how much you earn.

[v333k 59]

Thank you all for your replies, and so quick too. This site's support network is even better than I remember. Wish everything in my life ran as smoothly

Think of it as a co-sponsor at a bank... when you go apply for a loan, and have a co-signer, the co-signer is liable and responsible until you pay off the loan. The USCIS works in a similar fashion. As posted by others, there are a few ways you don't need to sponsor anymore, but if you plan to apply for citizenship, then your co-sponser's path to freedom is short.

You should, on the other hand, assure him that he is not going to get impacted by your marriage, so he should just ignore you until you are a citizen.

[Bobby+Umit 161]

I worked 4 years so far and have like 28 quarters already: I think it depends on how much you earn.

You can only earn 4 qtrs a year, so unless your combining qtrs with someone else (which is possible *1), your count is off.

Yes - earning a qtr depends on how much you earn, for 2010, that is $1,120.00 per qtr for it to count as a qualifying qtr.

Latest amount & QC explanation

The amount of earnings required for a quarter of coverage (QC) in 2010 is $1,120. "Quarter of coverage" is a legal term, but you may also see the term "Social Security credit" (or just "credit") used elsewhere. A QC is the basic unit for determining whether a worker is insured under the Social Security program. No matter how high your earnings may be, you can not earn more than 4 QC's in one year.

(Source)

and one more

(source)

*1 3. Whose quarters can be counted?

Quarters earned by (1) the alien, (2) a parent while the alien was under 18, and (3) a spouse during their marriage if the marriage continues or the spouse is deceased.

Quarters are credited in the case of a common law marriage or if the couple is holding themselves out to the community as husband and wife. An alien of any age can be credited with quarters earned by a parent through the quarter the alien attains age 18,

regardless of whether the parent is currently living. Quarters earned by a current spouse and one or more deceased spouses during marriage can be added together and credited.

[sh18 3]

so if u make 5k a year you earn 4 quarters? No wonder then, because I worked partime on college campus for few years too (it was negligible so I didn't even consider it, but I guess it contributed) Oh.. and I am married too (to a working spouse)

Edited January 25, 2010 by sh18

[TracyTN 237]

He wants to, in his own words, "unhook himself from a massive liability", and pull out as a co-sponsor. Can he do that?

I want a million dollars, but that isn't likely to happen either.

As you're learning from the other posts, he's on the hook. This is why people should take it very seriously when they agree to it initially.

[VanessaTony 3,567]

Sorry but yeah, she's stuck "on the hook".

Here's an interesting post (http://community.lawyers.com/forums/t/16382.aspx) in which the OP was SUED by the immigrant and now she needs to pay him $13K a year minus what he earns.. which I think is bullshit but really drives home how you should never sign a document lightly.

I've done a bit of reading, and the co-sponsor is actually called "joint-sponsor" which makes it more clear that while you might have married her, your friend has also agreed to support her if she needs it.. kinda like saying "yeah we'll split it 50/50". Scary really. If she ever takes government money, you AND your friend are liable. You should be able to find more info by searching "joint sponsor" rather than co-sponsor. it's discussed here: http://www.uscis.gov/files/form/i-864.pdf page 3.

Also, this is interesting: "Recent updates on sponsorship include the clarification that each joint sponsor must meet the minimum 125% income requirement and that among family members on an application, the joint sponsorship may not change. Further, in the event a joint sponsor dies after the principal applicant has immigrated to the united states; there may be a substitution of joint sponsor. Note the estate of the joint sponsor remains liable for any requests for repayment of benefits that arose prior to the sponsor's death." from (http://www.usvisa.com/affidavit_of_support.shtml#F.%20Joint%20Sponsors)

Edited January 26, 2010 by Vanessa&Tony

[Martesa 0]

Hi to everybody...

Sorry I am not very fluent in English. About the sponsor...I got my GC last year. I am divorced now and my exhusband is and will be my sponsor, even if we get married again with other people. I can get economical help from the US Government and he would have to pay ( he never permited me to get a job) but for inmigrants is not good to do that. So, I never will use this help.

He said the same to me: "I do not want to be your sponsor anymore", but one thing is Inmigration and other Civil matters. Nothing to do. He can not do anything regarding his responsability. Only under the conditions you all have posted.