When can and can't the beneficiary sue a joint sponsor?

[PolarBearCBB 1]

I think the title explains all.

I just want to be able to give the Joint Sponsor some sort of confidence her business won't be harmed by my K-1 case.

So if the petitionor can support and pay for whatever the beneficiary needs, then they cannot sue the joint sponsor right?

Looking for a good long answer!

[Pinkrlion 2,611]

If she is concerned about her business being affected, then she will need to talk to an immigration lawyer. The only thing we can do is explain the process.

[PolarBearCBB 1]

If she is concerned about her business being affected, then she will need to talk to an immigration lawyer. The only thing we can do is explain the process.

Yeah, thats what I want to hear is the process.

[Villanelle 4,121]

Please read this thread-

http://www.visajourney.com/forums/topic/417935-getting-sued-using-i864/

It contains a wealth of information. If you still have additional questions or concerns post back.

[jan22 2,907]

Simple answer is that the beneficiary can never sue the joint sponsor. But what she has to worry about is the US GOVERNMENT suing her....even scarier, IMO!

Edited January 9, 2016 by jan22

[Deagle 497]

The sponsor does not have to provide whatever the beneficiary needs, like a house,car or whatsoever. The main reason from this is that they wont be a burden on the US governmemt by using the state health insurance or foodstamps, if this happened, then the sponsor will have to pay that for the government.

[aleful 1,905]

I think the title explains all.

I just want to be able to give the Joint Sponsor some sort of confidence her business won't be harmed by my K-1 case.

So if the petitionor can support and pay for whatever the beneficiary needs, then they cannot sue the joint sponsor right?

Looking for a good long answer!

hi

main reason

the i134 affidavit of support for the K1 process is non binding, his or her commitment ends when your fiancé enters the country

you and your fiancé will marry within 90 days and then you will have to file the adjustment of status packet, and include the i864 affidavit of support which is a binding commitment to the US government in case your wife gets means tested benefits

the government would go after you first, since you are the primary sponsor

your now joint sponsor for the K1 has the choice of not being your joint sponsor for the i864 if she chooses, and if you need a joint sponsor for the i864 you can find someone else

in that case

[newacct 688]

Simple answer is that the beneficiary can never sue the joint sponsor. But what she has to worry about is the US GOVERNMENT suing her....even scarier, IMO!

This is false. The beneficiary CAN sue the sponsor (any of the sponsors) and this has been upheld by the courts many times. It's just very rare due to the expense of suing in federal court and the rarity of that much hostility between the beneficiary and sponsor.

[newacct 688]

I think the title explains all.

I just want to be able to give the Joint Sponsor some sort of confidence her business won't be harmed by my K-1 case.

So if the petitionor can support and pay for whatever the beneficiary needs, then they cannot sue the joint sponsor right?

Looking for a good long answer!

If it's I-134, it's not legally binding and does not affect the sponsor.

If it's I-864, yes, if the immigrant has 125% of poverty level of income somehow (whether it's from their own income, or it is supplemented by the petitioner, or the joint sponsor, or some combination of them, doesn't matter), it should not be possible for any of the sponsors (petitioner and joint sponsor) to be found liable.

Edited January 10, 2016 by newacct

[aaron2020 11,651]

I think the title explains all.

I just want to be able to give the Joint Sponsor some sort of confidence her business won't be harmed by my K-1 case.

So if the petitionor can support and pay for whatever the beneficiary needs, then they cannot sue the joint sponsor right?

Looking for a good long answer!

A beneficiary can sue the Joint Sponsor whenever he/she wants to. Courts have awarded support when beneficiaries have sued their sponsors.

It's like suing on a loan. The petitioner is the primary. The Joint Sponsor is the secondary; the guarantor of the primary.

This is an article from 2006. http://www.ilw.com/articles/2006,0110-wheeler.shtm

[Boiler 43,668]

I self sponsored the I 134 so that was not an issue for anyone else, may not be available to you.

I 864, well mostly it simply does not happen, but it could. You have a duty to mitigate your losses of course but a sposnor could not rely on that to minimise their exposure.

[belinda63 2,981]

It also has to do with how the business is set up. Some of them can be sued for personal debts of the owner some cannot. The joint sponsor can be sued in federal court but they must first sue the main sponsor. Then they would have to show they do not receive the amount awarded from the main sponsor and file a suit against the joint sponsor. This is true whether it is the government suing or the beneficiary. A very long and costly process if they decide to pursue it.

Best advice would be to have the potential joint sponsor change the business to a type that is not liable for personal debts of the owner.

[flfreddy 92]

I864 is a sucker support for the petitioner. See stump vs stump case.

The petitioner is held on the hook for 125 % support , only way for it out is

A) beneficiary worked 40 quaters or 10 yts

B) dies

C) become us citizen

D) gets deported

E) petitioner dies

There are cases where beneficiary divorced, have new bf, bf teach her not to get married. I stead she sues for 125 % support and tada...... Free exhuaband penaion.

DIVORCE DOES NOT END I864 commitment. Us gov can sue u too, but they dont have resources to do that else 500K + petitioner in trouble....

A prenup saying beneficiary will not sue is possible but must be crafted right by prenup attorney

[jan22 2,907]

This is false. The beneficiary CAN sue the sponsor (any of the sponsors) and this has been upheld by the courts many times. It's just very rare due to the expense of suing in federal court and the rarity of that much hostility between the beneficiary and sponsor.

I know this is true for I-864, but i don't think it's true for the I-134...they are not legally enforceable in court (although I have heard where some assistant fedeal prosecutors tried to do so some years ago, which is why I said what I did re the USG).

[aaron2020 11,651]

I know this is true for I-864, but i don't think it's true for the I-134...they are not legally enforceable in court (although I have heard where some assistant fedeal prosecutors tried to do so some years ago, which is why I said what I did re the USG).

The US Embassy is asking for an I-864 from a Joint Sponsor.

Even though the I-134 is not enforceable, eventually the petitioner and JS will have enforceable I-864s in order for the beneficiary to get a green card.