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Posted

Hey All - hope your visa processes are all running smoothly.

 

Me and my husband (petitioner) have asked my aunt (who is a US citizen) to become my joint sponsor. 

 

After reading through all the i864 documents she is a little worried about the financial liabilities i.e. if I was to receive some form of public assistance in the future she could be sued for the amount of assistance that I was to receive during the 10 years she agrees to support me.

 

I have sent her a message to say that I would plan on getting my US Citizenship after 5 years so she would probably only be my joint sponsor until then but to make things easier for her I would like to make a contract between us where I can declare / promise not to use any public funding assistance during this 5 years and therefore she would not be in any danger of the government coming after her.

 

Has anyone created this type of legal contract between a joint sponsor before?

Does anyone have any suggestions for what I would need to include in the written contract for her to be safe?

 

I'm not too knowledgeable on the legal side of these things but if it would make her feel safer then this is something I would like to put forward. 

 

Thank you for any help / information :)

 

Best wishes!

 

Posted (edited)

That contract would be useless. If you need public assistance, should you become disabled for example, you wouldn't have the means to repay her, nor could she force you to become a citizen...  The Affidavit of support is between her and the government.

 

ETA: she's sponsoring you for a period that can be longer than 10 years. 40 quarters of work, citizenship, departure from the USA or death.  Nothing states 10 years.

 

Edited by Lemonslice
Posted
2 minutes ago, Lemonslice said:

That contract would be useless. If you need public assistance, should you become disabled for example, you wouldn't have the means to repay her, nor could she force you to become a citizen...  The Affidavit of support is between her and the government.

 

 

Hey thanks for the reply.

 

I understand the affidavit of support is between her and the government. But I am suggesting that we would make a separate contract between me and her where I would not use public assistance. 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
11 minutes ago, larnar1309 said:

After reading through all the i864 documents she is a little worried about the financial liabilities i.e. if I was to receive some form of public assistance in the future she could be sued for the amount of assistance that I was to receive during the 10 years she agrees to support me.

That's pretty much the whole point of I-864. You need someone to sponsor you - and that person needs to be responsible if you need public assistance. You can "promise" to pay your sponsor (or sign a contract, or whatever), but if you renege on that promise, the government will always be able to rely on I-864 and recover funds directly from your sponsor - not from you.

Posted
Just now, broppy said:

That's pretty much the whole point of I-864. You need someone to sponsor you - and that person needs to be responsible if you need public assistance. You can "promise" to pay your sponsor (or sign a contract, or whatever), but if you renege on that promise, the government will always be able to rely on I-864 and recover funds directly from your sponsor - not from you.

 

Thank you for replying. I understand that if I broke the contract the government could come for them. I guess what I'm trying to say is - if I made a contract with them - couldn't they then sue me for breaking my promise? eg. I could write the contract to say they could sue me for the amount that they were asked to pay if I used public assistance or something like that? Therefore they would still have the money legally taken from me? 

 

Basically - I'm not planning on using any public assistance but I can understand their fear and I want to make sure they have nothing to worry about in addition to my word that they don't need to worry.

 

Me and my husband have our own savings so I wouldn't need assistance and IF for some reason I was to have some terrible illness / disease or something I would be covered either by insurance or I would return to the UK and use the NHS which I would be entitled to without effecting the i864 or putting them in jeopardy. 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from IR-1/CR-1 Progress Reports to General Immigration-Related Discussion.

 

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)
13 minutes ago, larnar1309 said:

 

Thank you for replying. I understand that if I broke the contract the government could come for them. I guess what I'm trying to say is - if I made a contract with them - couldn't they then sue me for breaking my promise? eg. I could write the contract to say they could sue me for the amount that they were asked to pay if I used public assistance or something like that? Therefore they would still have the money legally taken from me?

Sure, you could write something that says that. But if you're destitute and relying on public assistance, what hope does your aunt have of actually reclaiming any money from you?

 

ETA: I don't mean to sound mean - it's just a piece of paper - if you (and spouse) can reasonably support yourselves, auntie has nothing to worry about.

Edited by broppy
Filed: Country:
Timeline
Posted

besides you could later always claim you were forced to sign the contract under threat she would not sponsor you and you would be gorced to leave the us so you could have it thrown out for signing under duress or at least make it a messy court battle.

 

it is a piece of paper to make them feel good but it is not worth anything more than the recycle value of the paper.

Posted

Yes, others have done very similar types of arrangement. However, their legality has never been proven, and it has generally been doubted to hold up in court. I agree that it's a "feel good" effort, but I highly doubt it would be enforceable.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
38 minutes ago, larnar1309 said:

Thank you for replying. I understand that if I broke the contract the government could come for them. I guess what I'm trying to say is - if I made a contract with them - couldn't they then sue me for breaking my promise? eg. I could write the contract to say they could sue me for the amount that they were asked to pay if I used public assistance or something like that? Therefore they would still have the money legally taken from me? 

Sue you for what exactly? If you needed government assistance, you don't have the funds to pay them. You can't squeeze blood from a rock.

 

38 minutes ago, larnar1309 said:

Basically - I'm not planning on using any public assistance but I can understand their fear and I want to make sure they have nothing to worry about in addition to my word that they don't need to worry.

Right on both counts. It is a liability to be taken seriously. But that's the nature of the beast here.

 

38 minutes ago, larnar1309 said:

Me and my husband have our own savings so I wouldn't need assistance and IF for some reason I was to have some terrible illness / disease or something I would be covered either by insurance or I would return to the UK and use the NHS which I would be entitled to without effecting the i864 or putting them in jeopardy. 

What if the serious medical condition prevents safe travel?

 

Second, would NHS cover you even though you are no longer a resident there? I'm not familiar with the UK system, but typically residency or physical presence is required for medical aid (beyond emergency treatment, but any emergency care would have been obtained in the US before you could fly).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
3 hours ago, broppy said:

Sure, you could write something that says that. But if you're destitute and relying on public assistance, what hope does your aunt have of actually reclaiming any money from you?

 

ETA: I don't mean to sound mean - it's just a piece of paper - if you (and spouse) can reasonably support yourselves, auntie has nothing to worry about.

 

I appreciate the reply. I'm not sure - I've never made this type of contract before so I was curious myself if it could be done basically. She doesn't have anything to worry about but - as most human beings - she will always be concerned about a risk. 

3 hours ago, f f said:

besides you could later always claim you were forced to sign the contract under threat she would not sponsor you and you would be gorced to leave the us so you could have it thrown out for signing under duress or at least make it a messy court battle.

 

it is a piece of paper to make them feel good but it is not worth anything more than the recycle value of the paper.

 

Thanks for the reply. I'm not really interested in thinking about future court issues because I'm not planning on taking her to court or making her pay out for anything. 

3 hours ago, geowrian said:

Yes, others have done very similar types of arrangement. However, their legality has never been proven, and it has generally been doubted to hold up in court. I agree that it's a "feel good" effort, but I highly doubt it would be enforceable.

 

Thanks for the reply. As above - I'm not planning on us going to court etc. I just want to make a formal agreement between us both. 

3 hours ago, geowrian said:

Sue you for what exactly? If you needed government assistance, you don't have the funds to pay them. You can't squeeze blood from a rock.

 

Right on both counts. It is a liability to be taken seriously. But that's the nature of the beast here.

 

What if the serious medical condition prevents safe travel?

 

Second, would NHS cover you even though you are no longer a resident there? I'm not familiar with the UK system, but typically residency or physical presence is required for medical aid (beyond emergency treatment, but any emergency care would have been obtained in the US before you could fly).

 

Thanks for the reply. I'm not entirely sure if NHS can cover me over seas but I know I would be covered if I could return to U.K. For any treatment. I've also read that I can be covered under my husband's insurance as his wife. 

Posted
5 hours ago, larnar1309 said:

I have sent her a message to say that I would plan on getting my US Citizenship after 5 years so she would probably only be my joint sponsor until then 

You would be eligible for citizenship after 3 years if still legally married to the same USC and still 'living in marital union'.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Posted
15 minutes ago, mindthegap said:

You would be eligible for citizenship after 3 years if still legally married to the same USC and still 'living in marital union'.

 

Amazing :) Do you have a link to where you read that? 

Posted
1 minute ago, larnar1309 said:

Amazing :) Do you have a link to where you read that? 

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization

You May Qualify for Naturalization if:

"You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen, please visit our Naturalization for Spouses of U.S. Citizens page for more information. "

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: Citizen (pnd) Country: Pakistan
Timeline
Posted
8 hours ago, larnar1309 said:

 

Thank you for replying. I understand that if I broke the contract the government could come for them. I guess what I'm trying to say is - if I made a contract with them - couldn't they then sue me for breaking my promise? eg. I could write the contract to say they could sue me for the amount that they were asked to pay if I used public assistance or something like that? Therefore they would still have the money legally taken from me? 

 

Basically - I'm not planning on using any public assistance but I can understand their fear and I want to make sure they have nothing to worry about in addition to my word that they don't need to worry.

 

Me and my husband have our own savings so I wouldn't need assistance and IF for some reason I was to have some terrible illness / disease or something I would be covered either by insurance or I would return to the UK and use the NHS which I would be entitled to without effecting the i864 or putting them in jeopardy. 

 Not going to work, your contract will mean nothing in face of the Joint Sponsorship paper that your aunt will file.

..:::: My Visa Journey Timeline ::::..

2013

  • 10/20/2013 [Married]
  • 12/11/2013 [I-130 Mailed Phoeniz, AZ Lockbox]
  • 12/12/2013 [Priority Date]
  • 12/17/2013 [Received & Money Order Cashed | e-Mail | Text] [Last Update 1]

2014

  • 01/09/2014 [NOA1 (I-797C) Hardcopy Recieved]
  • 05/29/2014 [Alien Registration Number Changed | e-Mail | Text] [Last Update 2]
  • 06/10/2014 [I-130 Approved | e-Mail | Text] [Last Update 3]
  • 06/16/2014 [Shipped to NVC for processing | e-Mail | Text] [Last Update 4]
  • 06/30/2014 [Received at NVC] [Last Update 5]
  • 07/24/2014 [Case, IIN and BIN Numbers received] [Last Update 6]
  • 07/31/2014 [Received AOS Bill & DS-261 | e-Mail | Text] [Last Update 7]
  • 08/02/2014 [Paid AOS Bill] [Last Update 8]
  • 08/04/2014 [Package AOS Sent] [Last Update 9]
  • 09/11/2014 [Received IV Bill] [Last Update 10]
  • 09/12/2014 [Paid IV Bill] [Last Update 11]
  • 09/15/2014 [IV Package Sent] [Last Update 12]
  • 09/18/2014 [DS-260 Completed] [Last Update 13]
  • 10/03/2014 [AOS Check-list Sent] [Last Update 14]
  • 12/03/2014 [Case Complete | e-Mail] [Last Update 15]
  • 12/23/2014 [Medical Exam] [Last Update 16]

2015

  • 01/28/2015 [interview] [Last Update 17]
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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