Responsibilities of a Petitioner

[schretel 0]

Hello everyone,

I am new here and not sure where to look for the answers to my questions. I am engaged to a great guy from Morocco, but I am often worried he is just after a green card. I don't have any valid reason to think so, he really is wonderful. It's just that everyone else I know (they have never even met him) keeps asking me about a "green card."

My question is mostly. If he comes here, I sponsor him and he is only after a green card, what are my responsibilities to him. If we divorce, I understand I may still have to support him? For how long? Can i prove he was just after a green card and get the responsibilities removed?

I'm very nervous about this. I do trust him; but sometimes my mind gets away from me and I'd rather know what I'm getting myself into.

Thanks,

Jennifer

[NigeriaorBust 4,087]

It is until he has worked 40 quarters in the US. There was a woman in sub sarahan that asked people that were having second thoughts if they would marry someone they had known for such a short time if they were in the US. Is he a man you would have sought out and dated in the US ?

[schretel 0]

It is until he has worked 40 quarters in the US. There was a woman in sub sarahan that asked people that were having second thoughts if they would marry someone they had known for such a short time if they were in the US. Is he a man you would have sought out and dated in the US ?

Yes I would have dated him and married him if he were here in the US..thanks...that helps!

[Neonred 3,575]

Tell him you are thinking about moving to Morocco to live with him there and see what his reaction is.

[Ihavequestions 419]

Tell him you are thinking about moving to Morocco to live with him there and see what his reaction is.

Better yet, really live there and live with him.

This is what I did and it's what turned out the farce I stepped into.

Having announced that (don't judge me), if I could offer a bit of insight, here goes:

If it doesn't feel right, it's not right. Marriage is marriage is marriage, no matter where you go or who you marry. Sure, there's a lot that can be chalked up to "culture" or "religion," but sift to the bottom and you'll find common elements no matter where you go.

For me, the clue was the same, recycled friends and family, and the occasion was always the same - outside, in public, for God and creation to see - and across town, far from the prying eyes and wagging tongues of the neighborhood he grew up in.

Marriage is family and all the trimmings. New babies, someone's in the hospital, engagement parties, weddings, graduations, wedding parties, promotions, funerals, retirements, all of those things are part of a marriage. So is bumping into a buddy in the street or running into someone in the grocery store. If the pictures in your memory (or proof for the Embassy) don't include those life moments, ask yourself how real your marriage feels.

My experience was that he held out for a long time, until his mother died, he ran out of money, and my employer required I write an article that was published in a widely read periodical. FWIW, that included a photo; I didn't come to town with 100 extra pounds or kid problems or a drawer full of bills back home. The cat was out of the bag and he was forced to do the right thing: come out with it. By then it was too late. He was ready to be a husband but I had checked out as a wife long before. Not only that, I hadn't yet realized that it had nothing to do with me and everything to do with him so I was HIGHLY offended. I honestly believed there was a wife or a fiancee but that was not the case. It was a long, long history of befriending western women, all because he has a dream and he wants someone to make that happen for him.

There ya go. That's my experience. Take from it what you will.

[Fandango 1,439]

40 quarters of work isn't always 10 years if the beneficiary doesn't work the whole way through. Think about that....working off the books, or not working at all would accrue NO time towards the i184. Please understand that. Of course, he could always become a USC, which would release you, but if he were truly a scammer, I would speculate that that wouldn't be an option for him.

And if the marriage fails, it's not a case of 'sending him/her back' as we see so often on here. That is a huge misconception.\

Also, if he were a scammer, and you petitioned to bring him here...whose responsibility is it if he ever became a burden? Theoretically, should you really be 'allowed' out of your agreement with the gov't? Should the rest of us foot the bill? I'm not trying to sound harsh, but if you bring him here, he is your responsibility. I don't want to walk anyone else's dog, you know what I mean?

Edited July 26, 2010 by Happy Bunny

[Deputy Purple 1,294]

There is a major misconception about the I-864...

No where does it say that the Petitioner agrees to support the Beneficiary at 125% of the current Poverty Level.

What is does say is that if the Beneficiary ever collects "Means Tested Benefits" then the Federal Government may come after the Petitioner for all funds spent on the Beneficiary. It is a contract between the US Gov't and the Petitioner.

FWIW, the Petitioner can't even collect the "Means Tested Benefits" until the 5 year anniversary of their Green card.

[Fandango 1,439]

There is a major misconception about the I-864...

No where does it say that the Petitioner agrees to support the Beneficiary at 125% of the current Poverty Level.

What is does say is that if the Beneficiary ever collects "Means Tested Benefits" then the Federal Government may come after the Petitioner for all funds spent on the Beneficiary. It is a contract between the US Gov't and the Petitioner.

FWIW, the Petitioner can't even collect the "Means Tested Benefits" until the 5 year anniversary of their Green card.

I don't think anyone here said that.

[Deputy Purple 1,294]

I don't think anyone here said that.

I didn't say anyone did, I was simply answering part of the question of the OP,

My question is mostly. If he comes here, I sponsor him and he is only after a green card, what are my responsibilities to him

[SweetHome_Alabama 5]

I will give you my advice and this is just my own opinion.

First if i had to constantly doubt my husband, and if I did not trust him and if he did not trust in me and our love, I would not have married him. Sure at the beginning of all relationships, there are questions that race in women's minds but he should easily by his actions put all those questions to rest by LOVING WITH EYES WIDE OPEN and seeing his character. What kind of man he is. Does he tell you just what you want to hear or mush-mush stuff to pacify you or is your relationship based on you, him, your family, his family, friends, events of the day or is it what he is going to do and what dreams he wants to live WHEN he gets the Visa and come here??? I think that would be a big clue....My husband doesn't talk about it and feels if he doesn't get the visa, he will not be sad that we have other options (We will cross that road when we come to it)...With this said, it is good to know he loves me enough to want me with him even if there is no visa.........another clue is if you are 10-30 years older than him....would a person of that age find you attractive right here in the USA or your own country? Could you easily marry a man younger than you on your own turf? Does he have many websites he still keeps active with many women added as friends? If he loved you enough to marry you, he would delete all accounts and not care of them. Does he spend all his time at the computer maybe even under another screen-name or is he working and trying to ful-fill a life in his city/country while waiting for you? Does he offer to help you financially or does he continue wanting you to do all for him? Did he introduce you to all his friends when you visited or did he hide you out and keep you quiet? Did he introduce you as his fiance? Did he stop when he saw friends just to show you off and proud of your relationship. Did he carry you to meet family besides immidiate family? Look at your conversations and how and what he talked about. If it doesn't feel right, it may not be right but my best advice to you is to not listen to others because people looking from the outside in will not have the answers for you. People are quick to judge ALL these Muslim men too and lump them all into the same category as scammers. The "bad apples" give the good men bad names.........I hope you can rest your mind and know in your heart marriage is a commitment and should be for life, not just a fum temporary game. I take it very seriously about bringing someone here. If you are scared of sponsoring him, maybe he has gave you some sort of signal or doubt and you may be passing it off as his culture. Only you will know this.

[JS30 0]

Lisa mohammed and Neored have said it all

[schretel 0]

Thanks everyone. I think I'm just like a nervous bride having second thoughts. When I went to see him in Morocco it was a dream. We stayed with his family, he introduced me to his friends and everyone asked me about our upcoming marriage. During my stay it wasn't all parties and romance...I saw the other side of the "dream." Luckily I got to experience the good with the bad. I had an incredible time there; I truly love his family and they accept me as his future wife.

He's a good guy; I only doubt because I am pessimistic. My true question was really what were my responsibilities. That is if/when things got sour not that I think they would. I agree if I bring him here he is my responsibility...I was trying to find out what that truly meant. Thanks again for your help!

[JimVaPhuong 4,863]

There is a major misconception about the I-864...

No where does it say that the Petitioner agrees to support the Beneficiary at 125% of the current Poverty Level.

What is does say is that if the Beneficiary ever collects "Means Tested Benefits" then the Federal Government may come after the Petitioner for all funds spent on the Beneficiary. It is a contract between the US Gov't and the Petitioner.

FWIW, the Petitioner can't even collect the "Means Tested Benefits" until the 5 year anniversary of their Green card.

Actually, it says exactly that:

What Does Signing the Form I-864 Require Me to do?

...

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size

This is in part 8, Sponsor's Contract. The immigrant would have to sue in order to collect on this obligation, and that's a whole different story...

[VanessaTony 3,567]

He's a good guy; I only doubt because I am pessimistic. My true question was really what were my responsibilities. That is if/when things got sour not that I think they would. I agree if I bring him here he is my responsibility...I was trying to find out what that truly meant. Thanks again for your help!

It's okay that you have these questions.. you SHOULD have these questions. It's not because you don't trust HIM but you don't necessarily trust the contract you're about to sign and you want to know EVERYTHING .. not because you want to withdraw your support but so you go into it fully informed. I made sure I told my now husband everything about the contract he was about to sign. He didn't care of course but I didn't want him to sign something he didn't bother reading.. Anyway on to answer your question.

Basically, as soon as his GC is approved you are "on the hook" financially. This doesn't end with divorce as you know. It means that if he collects means tested benefits (free health care etc) the government CAN sue you to get you to pay the money back to the government that he used. I'm not on my computer but there is info on the types of means tested benefits on the travel.state.gov website.

He apparently needs to be a resident for 5 years before he can ever start claiming any sorts of benefits. If you divorce he can ALSO sue you for the support as mentioned in the contract. That means ensuring he is supported at 125% of the federal poverty guidelines for his household size. People have been successfully sued for this before.

The contract ends when he leaves the country and gives up his GC, if he becomes a USC, works 40 quarters of work (roughly 10 years, can be more, can be less), or dies.

It's not a document you should sign lightly. You CAN have some serious hassles if the immigrant decides to divorce and sue you. Some immigrants aren't after money and don't care, but we all know how divorce can affect people and make them change. It's easy for me being the immigrant and KNOWING I would never claim anything that wasn't fair if my hubby ever divorced me and left me stranded with nothing... but then I also know he would never do that. It's not in his nature, even when angry he would never do anything to hurt me and that includes leaving me with nothing.

[Deputy Purple 1,294]

Actually, it says exactly that:

What Does Signing the Form I-864 Require Me to do?

...

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size

This is in part 8, Sponsor's Contract. The immigrant would have to sue in order to collect on this obligation, and that's a whole different story...

Got me... I guess I need to reword that...

It will most likely be an uphill battle for the immigrant to directly sue the USC based on the I-864 as the immigrant isn't a party to the contract and:

1) Only someone who is a party to the contract can be sued or sue another party of the contract.

2) For a contract to be enforceable in a court of law each side must give something and gain benefit (i.e. Petitioner gives to support Beneficiary and in return US Gov't give Beneficiary admittance to US / Petitioner benefits by having their family member here / US Gov't benefits by not having to shoulder the cost of their presence).

So even if a State or Federal Court somehow decided that the Beneficiary is a party to the contract they have not given-up anything directly to the Petitioner unless you want to argue that the household or financial support they brought into the relationship is what they've given-up and the Petitioner has gained.