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PolarBearCBB

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

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Filed: Timeline

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.

Don't see in the thread that it's an I-864. Since it's for a K-1, assume it's an I-134 since you don't file the I-864 until AOS.

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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!

Completely false. The beneficiary CAN sue the sponsor at any time.

Look at page 8 of the I-864 form (http://www.uscis.gov/sites/default/files/files/form/i-864.pdf) :

What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

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This guy had been sued. (no more update after the post)

http://www.visajourney.com/forums/topic/522653-co-sponsors-responsibility-after-filing-ch-13-bankruptcy/#entry7341188

Bottom line: Don't be a co-sponsor for anyone!

Done with K1, AOS and ROC

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Filed: Timeline

Hmm never saw that thread. Its unfortunate that he never came back...

Bankruptcy has no direct impact. While you can discharge many debts under bankruptcy the aff of support or rather any awards or court orders issued because of it can not be discharged. It falls into the same category as alimony or child support past or present (also can not be discharged). I cant think of the term they use for it in bankruptcy but its basically because they are 'support' payments for someone else and they wont just wipe them out.

Anyway based on the OPs other thread it seems he may be able to avoid needing a joint sponsor. I suppose if he cant then the only other beneficial responses would be ones suggesting ways to ask someone to sponsor and how people successfully convinced those who were on the fence to make the commitment.

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Filed: K-1 Visa Country: Wales
Timeline

This guy had been sued. (no more update after the post)

http://www.visajourney.com/forums/topic/522653-co-sponsors-responsibility-after-filing-ch-13-bankruptcy/#entry7341188

Bottom line: Don't be a co-sponsor for anyone!

Not sure this is a good example, seems an anfry ex throwing dirt as opposed to anything that might stick.

“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.”

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Not sure this is a good example, seems an anfry ex throwing dirt as opposed to anything that might stick.

yah.. but that person has to engage an attorney to fight on his behalf in court.

Waste $$$, time and perhaps anxiety/insomnia over the lawsuit.

For me, it is not worth the trouble for being a co-sponsor. -_-

Done with K1, AOS and ROC

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Filed: K-1 Visa Country: Wales
Timeline

yah.. but that person has to engage an attorney to fight on his behalf in court.

Waste $$$, time and perhaps anxiety/insomnia over the lawsuit.

For me, it is not worth the trouble for being a co-sponsor. -_-

Fair point.

“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.”

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