Financial Responsibility as a sponsor

[JeffAtl 15]

I hate to even bring this up, but its a concern.  I've read a lot on other boards and just research in general that the person in the U.S. who is sponsoring their future spouse is potentially liable for 125% of any government assistance that immigrant may go on in the event the relationship fails for a period of 10 years or until that person is a U.S. citizen which I believe takes around 5 years minimum.  Anyone have horror stories to share on this? What are the realistic chances of financial ruin for the sponsor if it doesn't work out? I just want to know the potential downside scenarios as we are getting close to the Embassy interview and then there's really no turning back as it's the final step to her approval.  I believe I've been misinformed by my attorney, which is why I bring this up.  The whole process has put a strain on our relationship and I'm taking a huge risk.

Edited April 28, 2021 by JeffAtl
clarification

[payxibka 10,044]

Never have ever heard a report of tbe government actually pursuing a sponsor 

[JeffAtl 15]

1 minute ago, payxibka said:

Never have ever heard a report of tbe government actually pursuing a sponsor 

OK, well have you looked into it?

[Crazy Cat 39,216]

6 minutes ago, JeffAtl said:

I just want to know the potential downside scenarios as we are getting close to the Embassy interview and then there's really no turning back as it's the final step to her approval.

I have heard of immigrants using the contract during divorce proceedings, but I haven't seen cases of the US taking action.  By the way, the obligation could last for decades, not just 10 years.

You, most certainly, CAN turn back......before the visa is issued.

Edited April 28, 2021 by Lucky Cat

[JeffAtl 15]

Just now, Lucky Cat said:

I have heard of immigrants using the contract during divorce proceedings, but I haven't seen cases of the US taking action.  By the way, the obligation could last for decades, not just 10 years.

You, most certainly, CAN turn back......before the visa is issued.

Decades? How?

[payxibka 10,044]

Just now, JeffAtl said:

Decades? How?

Because it is 40 working quarters.  If the immigrant never works... well you can do the math.

[Crazy Cat 39,216]

3 minutes ago, JeffAtl said:

Decades? How?

If an immigrant chooses to remain a Green Card holder instead of citizenship and he/she never attains 40 credited quarters of work, the obligation could contune a very, very long time. 

Edited April 28, 2021 by Lucky Cat

[JeffAtl 15]

1 minute ago, payxibka said:

Because it is 40 working quarters.  If the immigrant never works... well you can do the math.

Got it.  I did read that, but she is educated and wants to work.  Also, the political environment favors her more than actual citizens it would seem.  Though I disagree with the position this puts Americans in, it is beneficial for us as a couple.  So I'm actually not overly concerned about that, but anything can happen.  Guess I just have to have some faith.  We've come this far.

Edited April 28, 2021 by JeffAtl

[Crazy Cat 39,216]

1 minute ago, JeffAtl said:

Got it.  I did read that, but she is educated and wants to work.  I'm actually not overly concerned about that, but anything can happen.  Guess I just have to have some faith.  We've come this far.

Good luck. 

[JeffAtl 15]

Lucky cat (appropriate name), I sure could use some luck or anything for that matter going my way (generally, not just in my relationship).

[Crazy Cat 39,216]

Just now, JeffAtl said:

Lucky cat (appropriate name), I sure could use some luck or anything for that matter going my way (generally, not just in my relationship).

The immigration process is certainly very demanding in many ways.  We can all sympathize with that.  This current pandemic has really made matters even more straining.

[payxibka 10,044]

1 minute ago, JeffAtl said:

Got it.  I did read that, but she is educated and wants to work.  Also, the political environment favors her more than actual citizens it would seem.  Though I disagree with the position this puts Americans in, it is beneficial for us as a couple.  So I'm actually not overly concerned about that, but anything can happen.  Guess I just have to have some faith.  We've come this far.

Just an aside. The alien gets quarters of credit from the spouse during the marriage (assuming spouse is working)  For example,  if the marriage lasts 5 years and the alien works every quarter during those five years, the affidavit requirement can end earlier than 10 years.  In this example,  the alien would have earned 20 credits on there own and receive 20 "stack on" credits from the spouse. 

[JeffAtl 15]

Just now, Lucky Cat said:

The immigration process is certainly very demanding in many ways.  We can all sympathize with that.  This current pandemic has really made matters even more straining.

See, and thats part of the problem for us.  The strain is incredible and I'm investing tens of thousands of dollars.  Its not stopping by a long shot.  I'm just very concerned as to whether we really have a strong enough foundation.  I know thats off topic in a way, but it makes me extremely stressed and nervous.

[Lucky2Lucky 2,526]

The sponsor is responsible until the beneficiary has worked 40 quarters (this is where the 10 years comes in- if they work all 4 quarters of a year for 10 years..) , they die, they become a US citizen or they give up their residency. If you are stressed about this then I would question your relationship. If you aren't sure this is the person you plan on being with the rest of your life then maybe you should rethink this whole process. If you don't doubt your relationship then I wouldn't doubt this requirement. 

[SteveInBostonI130 3,319]

16 minutes ago, JeffAtl said:

See, and thats part of the problem for us.  The strain is incredible and I'm investing tens of thousands of dollars.  Its not stopping by a long shot.  I'm just very concerned as to whether we really have a strong enough foundation.  I know thats off topic in a way, but it makes me extremely stressed and nervous.

 

A few years ago I was on a message board about dating in former soviet union countries.  Someone there was talking about making travel arrangements for his K1 fiance.  He started looking into the AOS process and the provision in the I-864 about the liability if the immigrant goes on public support. 

 

He worked himself over with so much worry and anxiety that it affected their relationship.  He could not relate to her after she arrived without thinking about the I-864.  It pretty much ruined their relationship and she went back without getting married.  He was miserable, and she was miserable, especially after quitiing her job and selling her things to move only to have to start over again back home.

 

My advice - evaluate the strenght of your relationship.  The I-864 liability, thought not trivial, is minor compared to financial and emotional costs related to divorce and, in rare and extreme cases, false claims of VAWA.  Do not let the public charge liability influence you.  Let your relationship influence you.

 

Are you guys compatible?  Do you see a happy life together?  If you are unsure of her character and personality, then rethink your decision for the K1, hopefully before her interview.  If things are good and you believe she is the "one", then happy journeys!  Well...as happy as you can be while filing forms and dealing with USCIS...