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maracuyámor

CR-1 Sponsor Help

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So my CR-1 visa application is now with the NVC and I need a sponsor. Our sponsor is concerned about the legal contract that they would be entitled to. They are worried that if something had happened to me, such as if I had died and would no longer be able to provide for my spouse, the responsibilities they would have and any repercussions if they were not able to fulfill the contract. If something were to happen to me and I was no longer able to provide for my spouse then I know my spouse would return back to their country because that is where their family and friends are and they only want to come to the United States to be with me. But my proposed sponsor is still concerned about signing anything. I know that issues would arise if my spouse were to use Means Tested Public Benefits, but what else could happen?

I don't want to obligate my sponsor as something that they have to do but I also want to assure them that even if they were to sign on as a sponsor I would never make them financially responsible for my spouse if something were to happen and that my spouse would return back to their country. I am also aware that the sponsor is no longer responsible once my spouse would attain their citizenship which takes five years. I started working in August of 2009 with a job that pays more than the 125% above the poverty level but my Federal Tax Return for 2009 will not reflect that I have made enough money and I know the strict San Salvador Embassy will still want a sponsor even if I were to wait till I had my Federal Tax Return for 2010. I have already read the reviews of several people that have struggled with the San Salvador Embassy even though they met the income requirement but the embassy still requested the applicant have a sponsor.

Has anyone been in this same position with their sponsor? Is there really anything that my sponsor should be concerned about legally? The last thing I would want to do is create any issues for them as they just want my spouse and I to be together and happy. Please provide any input on this as it would be very much appreciated, thank you!

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So my CR-1 visa application is now with the NVC.....

y. I am also aware that the sponsor is no longer responsible once my spouse would attain their citizenship which takes five years.

If your wife get CR-1 visa only 3yrs to get her citizenship if she still with you and the U.S. spouse (you) has been a citizen for all three years and meets all physical presence and residence requirements.

Edited by S&ET

USCIS JOURNEY California Service Center

2010-02-24 - Mailed I-130 Overnight Express to Chicago Lockbox

2010-02-25 - I-130 Delivered to Chicago Lockbox

2010-03-04 - Notice of Action 1 (NOA1)

2010-04-22 - Notice of Action 2 (NOA2)

NVC JOURNEY

04-28-2010 - NVC Case Number Assigned

05-03-2010 - Email given to the NVC

05-04-2010 - AOS bill and Agent forms received by email

05-04-2010 - Email DS 3032

05-04-2010 - Paid AOS Bill Online;

05-05-2010 - AOS Bill Status: PAID;

05-05-2010 - IV Bill Received by email;

05-05-2010 - Paid IV Bill Online;

05-06-2010 - IV Bill Status: PAID;

05-12-2010 - Wife send PC-PP-DS-230 all Package DHL

05-17-2010 - I Received DHL mail from my Wife

05-24-2010 - Sent AOS and IV Package Overnight Express to NVC

05-25-2010 - AOS & IV Package arrived at NVC signed by N. Visa Center

06-04-2010 - AOS & IV Pack Received/Entered into AVR System

06-11-2010 - Sign in Fail Thank you, God!

06-12-2010 - Case Complete NVC

06-14-2010 - NVC Forwards Case to Embassy

07-14-2010 - Interview Date Assigned

EMBASSY JOURNEY

06-17-2010 - Embassy Receives Case from NVC

07-29-2010 - Medical Exam $750 ETB ($70USD) PASSED

08-05-2010 - INTERVIEW APPROVED

08-06-2010 - Visa Received

08-12-2010 - Passport and visa pick up from Bank of Abyssinia branch.

US JOURNEY

09-16-2010 - POE Washington, DC

10-04-2010 - Received Welcome letter

10-25-2010 - Received GC

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Filed: AOS (pnd) Country: Zimbabwe
Timeline

So my CR-1 visa application is now with the NVC and I need a sponsor. Our sponsor is concerned about the legal contract that they would be entitled to. They are worried that if something had happened to me, such as if I had died and would no longer be able to provide for my spouse, the responsibilities they would have and any repercussions if they were not able to fulfill the contract. If something were to happen to me and I was no longer able to provide for my spouse then I know my spouse would return back to their country because that is where their family and friends are and they only want to come to the United States to be with me. But my proposed sponsor is still concerned about signing anything. I know that issues would arise if my spouse were to use Means Tested Public Benefits, but what else could happen?

I don't want to obligate my sponsor as something that they have to do but I also want to assure them that even if they were to sign on as a sponsor I would never make them financially responsible for my spouse if something were to happen and that my spouse would return back to their country. I am also aware that the sponsor is no longer responsible once my spouse would attain their citizenship which takes five years. I started working in August of 2009 with a job that pays more than the 125% above the poverty level but my Federal Tax Return for 2009 will not reflect that I have made enough money and I know the strict San Salvador Embassy will still want a sponsor even if I were to wait till I had my Federal Tax Return for 2010. I have already read the reviews of several people that have struggled with the San Salvador Embassy even though they met the income requirement but the embassy still requested the applicant have a sponsor.

Has anyone been in this same position with their sponsor? Is there really anything that my sponsor should be concerned about legally? The last thing I would want to do is create any issues for them as they just want my spouse and I to be together and happy. Please provide any input on this as it would be very much appreciated, thank you!

The sponsor is signing a contract between themselves and the government. The only obligation that will arise for them is if your spouse seeks out means tested benefits. If your spouse doesn't do that, no one will have anything to worry about.

If your spouse does, then you and the joint sponsor are jointly & severally liable for the amount of the benefits.

I'm not entirely sure what happens if something were to happen to you, but it will never be an issue if your spouse doesn't get means tested benefits.

I had to go through this with my parents, and I essentially told them the following things:

1 - I'd never let my spouse obtain the benefits that would create a problem.

2 - It's only a 3 year obligation because he's going to file for citizenship ASAP.

3 - Even if he did file for benefits before he obtained citizenship, I would never let them be forced to pay anything for him. If the federal government sued us, I would take full responsibility, even if they were on the hook.

4 - It's so - SO - rare that the gov't will bring a claim against a person based on the I-864 that it's practically a non-issue.

Hope that helps! Good luck!


Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

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The sponsor is signing a contract between themselves and the government. The only obligation that will arise for them is if your spouse seeks out means tested benefits. If your spouse doesn't do that, no one will have anything to worry about.

If your spouse does, then you and the joint sponsor are jointly & severally liable for the amount of the benefits.

I'm not entirely sure what happens if something were to happen to you, but it will never be an issue if your spouse doesn't get means tested benefits.

I had to go through this with my parents, and I essentially told them the following things:

1 - I'd never let my spouse obtain the benefits that would create a problem.

2 - It's only a 3 year obligation because he's going to file for citizenship ASAP.

3 - Even if he did file for benefits before he obtained citizenship, I would never let them be forced to pay anything for him. If the federal government sued us, I would take full responsibility, even if they were on the hook.

4 - It's so - SO - rare that the gov't will bring a claim against a person based on the I-864 that it's practically a non-issue.

Hope that helps! Good luck!

Thank you for your input. It basically came off to me that you do not want your spouse to use any Means Tested Public Benefits, which would not be an issue. My sponsor thought that there may be same other issues that could arise but it seems pretty simple that you would want to avoid having them taking advantage of any benefits. Again, thanks for sharing that information and hopefully some others around here can share their knowledge/experience in relation to this.

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Filed: AOS (pnd) Country: Zimbabwe
Timeline

Thank you for your input. It basically came off to me that you do not want your spouse to use any Means Tested Public Benefits, which would not be an issue. My sponsor thought that there may be same other issues that could arise but it seems pretty simple that you would want to avoid having them taking advantage of any benefits. Again, thanks for sharing that information and hopefully some others around here can share their knowledge/experience in relation to this.

Right. It's a contract between the government and the joint sponsor that obligates the joint sponsor to pay back any means tested benefits only. It's offered as evidence that the immigrant will have support here, but when it comes down to it - once the visa is approved, it's only the contract between the government and the sponsor about the benefits. That's it!


Married - 3/12/10

AOS Filed - 5/13/10

Biometrics received - 6/5/10

Biometrics done - 6/9/10

RFE Received 6/10/10

Touched - 6/7/10, 6/16/10, 6/17,10 (all)

RFE delivered - 6/29/10

Resumed processing - 6/30/10

EAD Production Ordered - 7/2/10, 7/8/10, mailed 7/15/10

Touched - 7/6/10, 7/8/10 (485, 765)

Touched EAD - 7/16/10

EAD Received!! - 7/17/10

Interview - August 30, 8:45- Approved!

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