Release of joint sponsor? And other ???s

[Penguin_ie 6,000]

I do not think a document forcing someone to leave a country they are a citizen of, because another private citizen wants them to, would be enforceable. However, this is not immigration law, this would be private contract law (perhaps?), and you would be better of consulting a lawyer about it. What it comes down to is that with yur jobs and property, your mother is extremely unlikely to ever be called upon.

[aaron2020 11,652]

Thanks for all the replies.

Our plan is to live in the US for a few years, where I can work, have insurance, get a 401k started, and we can save money together. Eventually we will come back to live in China for good.

As for using her income and assets to help meet the requirements, I don't quite get the math in the equation...that I don't have in fromt of me. She estimates the value of the properties is about USD$200k. Her income is freelance so there is no "employer".

Can someone let me know what is the danger for my mom as a joint sponsor? We figure we get rental income, we'll both work, and worst-case, we can live in my mom's guest house if things get bad.

Is it possible for us to sign some kind of legal document that says we will move back to China and give up the green card if somehow we cannot support ourselves? For instance, assure my mom that we would rather leave the US than ask for her to make good on the affidavit? Would a court uphold that kind of signed and notarized agreement?

The danger is that the government can seek reimbursement for means tested benefits. The beneficiary can sue the I-864 sponsors for support.

The contract would be illegal and unenforceable as it would be against public policy. No court would force your wife to give up the green card because of a contract. You can't make a contract for whatever you want, the law doesn't work that way.

You are over complicating this. You're a big boy. Stop trying to drag your mother into your business if she doesn't want to be involved. You and your wife have assets. Use those assets to take care of your own business.

Edited April 20, 2016 by aaron2020

[Boiler 47,499]

It is very unusual, but some spouses have been able to use the I 864 in divorce settlements.