co-sponsor questions.

[skimutt 0]

On the co-sponsor issue, I have a couple questions. Is the co-sponsor liable for insurance claims or hospitalization costs? Let's say the immigrant gets in a car accident. (God forbid) Can the co-sponsor be sued? Just where and how far lie the responsibilities of the co-sponsor? I thank you in advance for any answers to this legal question.

[iceyspots 0]

I believe the affadavit is enforcable for public assistance... e.g. welfare, medicaid etc

Someone correct me if I'm wrong, though.

Buy car insurance that covers the drivers or passengers medical expenses and that will cover them.

[William33 110]

I am not an attorney, but intuitively speaking, if you were to fail to get car insurance or let it lapse, they could potentially be liable.

Financial responsibility is a sticky issue. If your Co-sponsor is concerned about this type of scenario, I suggest you consult a "competent" immigration attorney.

It has been proven here, tonight, that there are swindlers out there. Due diligence on the selection of an attorney.

[Boiler 47,533]

On the co-sponsor issue, I have a couple questions. Is the co-sponsor liable for insurance claims

No

or hospitalization costs?

Possibly, never seen a case where it has happened.

Let's say the immigrant gets in a car accident. (God forbid) Can the co-sponsor be sued?

Not in the context I presume you mean.

Just where and how far lie the responsibilities of the co-sponsor?

Read this:

http://www.ilw.com/articles/2006,0110-wheeler.shtm

[William33 110]

Are you that certain of the litigation piece?

Even if proven not liable, the sponsor could be forced into court on a suit that may prove frivolous. At the end of the day, it could be costly. Thus, my suggestion to consult a "competent" attorney.

However, in our litigious society, I would refrain from such "certain' judgement calls. Unless of course, you are a competent immigration attorney.

On the co-sponsor issue, I have a couple questions. Is the co-sponsor liable for insurance claims

or hospitalization costs?

Possibly, never seen a case where it has happened.

Let's say the immigrant gets in a car accident. (God forbid) Can the co-sponsor be sued?

Not in the context I presume you mean.

Just where and how far lie the responsibilities of the co-sponsor?

Read this:

http://www.ilw.com/articles/2006,0110-wheeler.shtm

[Boiler 47,533]

Are you that certain of the litigation piece?

Even if proven not liable, the sponsor could be forced into court on a suit that may prove frivolous. At the end of the day, it could be costly. Thus, my suggestion to consult a "competent" attorney.

However, in our litigious society, I would refrain from such "certain' judgement calls. Unless of course, you are a competent immigration attorney.

On the co-sponsor issue, I have a couple questions. Is the co-sponsor liable for insurance claims

or hospitalization costs?

Possibly, never seen a case where it has happened.

Let's say the immigrant gets in a car accident. (God forbid) Can the co-sponsor be sued?

Not in the context I presume you mean.

Just where and how far lie the responsibilities of the co-sponsor?

Read this:

http://www.ilw.com/articles/2006,0110-wheeler.shtm

Nothing is theoretically impossible in the legal world, a precedent that contradicts all prior understandings could be set tomorrow, or a State enacts some weird law.

But can a co-sponsor be sued by an injured party whose injuries resulted from a motor accident that was the responsibility of the Immigrant. - No with a reasonable level of certainty.

I doubt if an Immigration Lawyer could help either way, a question of tort, not Immigration law.

If you want to look it up - Vicarious Liability.

The link should scare most co-sponsors anyway.

Edited August 8, 2006 by Boiler

[William33 110]

Nothing is theoretically impossible in the legal world, a precedent that contradicts all prior understandings could be set tomorrow, or a State enacts some weird law.

But can a co-sponsor be sued by an injured party whose injuries resulted from a motor accident that was the responsibility of the Immigrant. - No with a reasonable level of certainty.

I doubt if an Immigration Lawyer could help either way, a question of tort, not Immigration law.

If you want to look it up - Vicarious Liability.

The link should scare most co-sponsors anyway.

A salient point indeed Boiler. My point inferred, that I would personally be extremely skeptical about sponsorship.

You have highlighted that under the law, they should not be liable.

At the end of the day, people interested in petitioning for a K-1, should do their level best to carry the load independently.

Simple as that. Cheers!!

[Boiler 47,533]

I alays thought it was a big ask, probably one that most people signing up for do not fully appreciate.

My wife did not!

[William33 110]

Agreed! Though some may have no other choice. Hoping that the "sponsors" know what they are getting themselves into.

Regards!

I alays thought it was a big ask, probably one that most people signing up for do not fully appreciate.

My wife did not!

[aussiewench 9]

An I-134 is not binding in any way, shape or form. It is solely, when used amongst other things, for a conof to determine if an applicant will or wont become a public charge prior to a visa being issued.

From USCIS.......

Such affidavits, although helpful in judging financial ability, are not legally binding.

The I-864 came about for adjustment of status and immigrant cases for this very reason, and ARE legally binding.

From a lawyers site....

Effect on the sponsor: The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant.

Source

[William33 110]

aussiewench, we were simply preparing the applicant for future planning.

No sense in going in unprepared. Right?

Why not go into the process prepared, as if you were already obligated to produce the I-864?

Is that wrong? Plan for success! That is the way!

An I-134 is not binding in any way, shape or form. It is solely, when used amongst other things, for a conof to determine if an applicant will or wont become a public charge prior to a visa being issued.

From USCIS.......

Such affidavits, although helpful in judging financial ability, are not legally binding.

The I-864 came about for adjustment of status and immigrant cases for this very reason, and ARE legally binding.

From a lawyers site....

Effect on the sponsor: The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant.

Source

[Boiler 47,533]

134 was not mentioned.

I do not know offhand which one the China consulate requires, I do know that the 864 will be needed at some point.

[aussiewench 9]

No, there is no harm in that Except that a fiance/spouse's circumstances can change dramatically from interview stage where they may have to use a co-sponsor with the I-134....and the AOS stage where the I-864 is required and they dont then need a co-sponsor because their most recent tax return then meets the poverty guidelines. Someone not knowing the legal differences between an I-134 & the I-864 may by this very preparedness you speak of, inadvertantly may make it difficult for one to secure a co-sponsor for the interview if it is believed that the I-134 makes a co-sponsor responsible when they are not.

aussiewench, we were simply preparing the applicant for future planning.

No sense in going in unprepared. Right?

Why not go into the process prepared, as if you were already obligated to produce the I-864?

Is that wrong? Plan for success! That is the way!

An I-134 is not binding in any way, shape or form. It is solely, when used amongst other things, for a conof to determine if an applicant will or wont become a public charge prior to a visa being issued.

From USCIS.......

Such affidavits, although helpful in judging financial ability, are not legally binding.

The I-864 came about for adjustment of status and immigrant cases for this very reason, and ARE legally binding.

From a lawyers site....

Effect on the sponsor: The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant.

Source

[Yodrak 7]

skimutt,

"co-sponsor" for what - for a non-immigrant K visa or for subsequent immigration (adjustment of status)?

You might want to try reading the I-864 FAQ, the I-864 instructions, and the I-864 itself on the USCIS web site. You will observe that the I-864 (and the I-134) deals with the purpose that it's title indicates - provide support, a minimum level of income. It has nothing to do with their expenses or their debts.

Yodrak

On the co-sponsor issue, I have a couple questions. Is the co-sponsor liable for insurance claims or hospitalization costs? Let's say the immigrant gets in a car accident. (God forbid) Can the co-sponsor be sued? Just where and how far lie the responsibilities of the co-sponsor? I thank you in advance for any answers to this legal question.

Edited August 8, 2006 by Yodrak