Jump to content
commodore864

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

12 posts in this topic

Recommended Posts

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?

Share this post


Link to post
Share on other sites

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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 by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

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

any lawsuit involved?


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

Any links?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

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.





Pnyim4.png2LiSm4.png

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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 by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

Share this post


Link to post
Share on other sites

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 :bonk:

Interesting.

Whom sued you? State or Federal Government?

I believe it was the state.





Pnyim4.png2LiSm4.png

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×