Has the government ever sued anyone under the I-864?

[commodore864 0]

I know that the I-864 often gets used in divorce cases as a way of guaranteeing spousal support (see http://www.visajourney.com/wiki/index.php/List_of_I-864_case_law),but I've never found a single instance in which the government has sued a sponsor to recover the means-tested benefits that an immigrant has received.

Has this ever happened? If not, it indicates that the government doesn't actually care whether or not an immigrant becomes a public charge, so what's the point of the I-864?

[Boiler 43,393]

Not that I have seen

A good question

To be fair if you start trying to apply logic to many Government requirements all you will get is a headache.

[Pitaya 2,576]

I have not heard of a case. However, if you carefully read the "Sponsor's Contract" on pages 8 & 9 of the Form I-864: http://www.uscis.gov/sites/default/files/files/form/i-864.pdf . The deck is pretty well stacked against the sponsor. When you sign the contract, you have legally given the permanent resident, many impacted Federal, State or local government agencies to seek redress, compensation, and you may also have to pay their legal fees, should legal proceedings be necessary for you to live up to your stated and previously agreed to, obligations.

After carefully reading it, the contract reminded me of a really bad divorce decree on steroids. I know that it got may attention, and I have had a nasty prior divorce proceeding.

I, for one, would not want to be the sponsor in a "poster child" case involving I-864 obligations.

YMMV

Good luck on your immigration journey.

Edited July 2, 2015 by Pitaya

[Boiler 43,393]

Some Governmental bodies have renounced any intent to collect, for a single male for example there are very few benefits that you could get.

It would require joined up thinking to enforce it so unlikely unless there are significant other major issues that it could get drawn into.

[Penguin_ie 5,984]

I seem to remember a case on here about Section 8 housing for a foreign wife separated from her US sponsor husband, and the sponsor being taken to court.

But yeah it is certainly very rare.

[Pinkrlion 2,607]

I have witnessed it more in medical (Medicaid) scenarios than anything else. The sponsor was the responsible party for medical bills.

[Darnell 8,478]

I have witnessed it more in medical (Medicaid) scenarios than anything else. The sponsor was the responsible party for medical bills.

any lawsuit involved?

[Boiler 43,393]

Any links?

[MiaPA 12]

I, being the greencard holder was sued, but at no fault of my own. A few yrs ago we faced a financial hardship when my husband lost his job, so he applied for foodstamps for himself and our kids. On those applications, they ask to list all members of household, so we listed me but checked the box to state he was not applying for me, just him and the kids. Well they screwed up and gave food stamps for me as well. Well they turned around the next month and sued ME for the overpayment!! My husband appealed it and even though they admitted it was their mistake it was my responsibility to pay. Maybe next time they should pay closer attention to the applications they process.

[VOL 425]

I, being the greencard holder was sued, but at no fault of my own. A few yrs ago we faced a financial hardship when my husband lost his job, so he applied for foodstamps for himself and our kids. On those applications, they ask to list all members of household, so we listed me but checked the box to state he was not applying for me, just him and the kids. Well they screwed up and gave food stamps for me as well. Well they turned around the next month and sued ME for the overpayment!! My husband appealed it and even though they admitted it was their mistake it was my responsibility to pay. Maybe next time they should pay closer attention to the applications they process.

Interesting.

Whom sued you? State or Federal Government?

[Darnell 8,478]

I, being the greencard holder was sued, but at no fault of my own. A few yrs ago we faced a financial hardship when my husband lost his job, so he applied for foodstamps for himself and our kids. On those applications, they ask to list all members of household, so we listed me but checked the box to state he was not applying for me, just him and the kids. Well they screwed up and gave food stamps for me as well. Well they turned around the next month and sued ME for the overpayment!! My husband appealed it and even though they admitted it was their mistake it was my responsibility to pay. Maybe next time they should pay closer attention to the applications they process.

thanks so much for sharing your story,

but (and alas) this is not what the OP was referencing, at all.

he is seeking stories of uscitizens that were sued by the federal government for repayment of monies paid out to a legal alien, in enforcement of the I-864 contract that the USCitizen signed. Your spouse wasn't sued, you were. Not the same thing.

Edited July 6, 2015 by Darnell

[MiaPA 12]

thanks so much for sharing your story,

but (and alas) this is not what the OP was referencing, at all.

he is seeking stories of uscitizens that were sued by the federal government for repayment of monies paid out to a legal alien, in enforcement of the I-864 contract that the USCitizen signed. Your spouse wasn't sued, you were. Not the same thing.

I understand what the OP was referencing too, just sharing my story because it seemed kind of backwards how it was turned around on me when I was not the applicant but I am the one who got penalized because I was a greencard holder. Now my husband and I can look back on it and laugh because the court order was not in his name and he was my petitioner and the reason it had to be paid was because I am a greencard holder, either way the fine was paid. I do just want to clarify for futures sake, I really do not care at all that the money had to be paid back and that they were collecting the money under my name, it just seems weird that it wasn't put in my husbands name. Im horrible at trying to explain things in typing, it sounds so much better in my head

Interesting.

Whom sued you? State or Federal Government?

I believe it was the state.