what happens when co-sponsor pull the plug after greencard issued

[SPSguy 18]

A lady I know came to the US about two years ago. Husband and wife loved each other to death. Husband income didn't meet the poverty guideline so he asked his mom to co-sponsor his wife. No problem there. Paperworks signed, wife arrived in US, and GC arrived as expected.

Now two years later, the mother in law doesn't like the wife. Husband begs his mom but mother in law refuses and threatens to revoke her co-sponsorship. We don't know the details on why, what, how, etccetc.. What we do know is the mother in law wants to pull the plug to get things her way.

I'm sure the mother in law can do this if she wanted to, but how would USCIS handle this? Will they revoke her two year GC? It's my understanding that once a co-sponsor agrees to sign, she is locked in for 10 years, or whatever the length of the GC is. I'm sure this kinds of circumstances happen all the time, anyone with experience?

[Leedah 22]

Nothing will happen. Once a green card is issued, that's it. It's like a trip on a train ticket. Once you have rode on the ticket, the "experience" can't be taken back and neither can that affidavit. The only way it can be voided is if the wife dies, permanently goes back to her country and gives back the green card or she works 40 credit hours (basically 10 years) in the U.S. Also, in SOME cases, if the wife is convicted of marriage fraud or any other immigration violation and is deported, the affidavit is voided. (in that case, it's not TECHNICALLY voided until the wife is convicted, no remedies, judge gives deportation order AND she physically leaves U.S. soil through that deportation order. In effect, the government will wait until the last possible second to let anyone off the hook for that affidavit of support. Good luck, you don't have much to worry about unless the wife starts selling drugs and get's caught or some as heinous as that.

[Penguin_ie 5,993]

Leedah is correct, there is nothing the MIL can do. Once she signed the documents and the visa/ AOS is approved, she cannot withdraw it.

[aleful 1,905]

A lady I know came to the US about two years ago. Husband and wife loved each other to death. Husband income didn't meet the poverty guideline so he asked his mom to co-sponsor his wife. No problem there. Paperworks signed, wife arrived in US, and GC arrived as expected.

Now two years later, the mother in law doesn't like the wife. Husband begs his mom but mother in law refuses and threatens to revoke her co-sponsorship. We don't know the details on why, what, how, etccetc.. What we do know is the mother in law wants to pull the plug to get things her way.

I'm sure the mother in law can do this if she wanted to, but how would USCIS handle this? Will they revoke her two year GC? It's my understanding that once a co-sponsor agrees to sign, she is locked in for 10 years, or whatever the length of the GC is. I'm sure this kinds of circumstances happen all the time, anyone with experience?

ditto,

she can't just because she doen't get along with her daughter in law, she signed so she's hooked, even if her husband divorced her, not that he will.

in the instructions are the responsabilities, she can't revoke it just because. her resposibility will end once his wife becomes a USC. that's probably the soonest or the earliest she can get out of the affidavit of support.

nothing will happen.

Edited September 3, 2010 by aleful

[nab 74]

{sigh} MILs

i wouldnt let her know the ways she can get out of it (otherwise she will set out on a quest to attempt to prove marriage fraud against the DIL). instead, give her the option to help DIL become a citizen - then MIL is off the hook for the AffidavitOS and DIL gets her citizenship.

Edited September 3, 2010 by nab

[SPSguy 18]

Leedah is correct, there is nothing the MIL can do. Once she signed the documents and the visa/ AOS is approved, she cannot withdraw it.

Great. I had thought the same and wanted a second or third opinion.

Leedah, I just looked at your timeline, my God I hope the end of your struggle ends soon.

[SPSguy 18]

{sigh} MILs

i wouldnt let her know the ways she can get out of it (otherwise she will set out on a quest to attempt to prove marriage fraud against the DIL). instead, give her the option to help DIL become a citizen - then MIL is off the hook for the AffidavitOS and DIL gets her citizenship.

HA-HA.

I tell my freinds that once you marry a person, the in laws in some way think you have stolen something that belongs to them. I don't think the marriage fraud is an issue here. No mother in law can prove a marriage fraud if the husband doesn't corroborate. In some strange way it seems the husband loves his wife more than his mother.

[msd 3]

She signed a legal binding contract she can't get out of. Nothing will happen...

[LotofPatience 65]

It's my understanding that once a co-sponsor agrees to sign, she is locked in for 10 years, or whatever the length of the GC is. I'm sure this kinds of circumstances happen all the time, anyone with experience?

MIL's contractual obligation will be over when:

1) You work and earn 40 credits (normally 10 years)

2) You become USC

3) You die

4) You abandon your GC

Your divorce will not end up MIL's contractual obligation.

Loto

[nab 74]

HA-HA.

I tell my freinds that once you marry a person, the in laws in some way think you have stolen something that belongs to them. I don't think the marriage fraud is an issue here. No mother in law can prove a marriage fraud if the husband doesn't corroborate. In some strange way it seems the husband loves his wife more than his mother.

you are so right and this was a good way to put it because this is the way some MILs behave, as if you've stolen their infant from their arms (in some cases where they dont know how to let go once their 'baby' is grown) or their future security (in others who look at their sons as only an income in future, their old age security). i've dealt with both, neither are a good thing BUT it is possible to eventually become friends with the former once they see truly that you can take care of their son as well as they did. the latter i think they always feel you are a threat.

as for the 2nd bolded statement, i can say that the behaviour of a mother, if acting in an inappropriate way toward a DIL, can have the opposite effect she wishes... rather than causing the son to dislike the DIL, it can cause the son to pull more closely to the DIL and see the mother for what she is. basically the MIL causes her own worst fears to come true.

She signed a legal binding contract she can't get out of. Nothing will happen...

she CAN get out of it... it's just very difficult and will require her to be extra nasty to the DIL to the point she gives up her GC and leaves. or she can falsify 'proof' of a fraud marriage. some MILs dont care how difficult a situation is if they believe tehre is even a shred of possibility that she can get what she wants.

MIL's contractual obligation will be over when:

1) You work and earn 40 credits (normally 10 years)

2) You become USC

3) You die

4) You abandon your GC

Your divorce will not end up MIL's contractual obligation.

Loto

a divorce may not end the obilgation but believe me, some women are just pure evil so NEVER NEVER NEVER take for granted a MIL will not do whatever it takes to force a DIL to leave (and abandon GC)

[nab 74]

if she is only wanting to be released from the obligation i say push for the DIL to become a citizen... but since this is a MIL i would hazard a guess it is much more than that and she is wielding what she thinks is her power over DIL to make life miserable and attempt a split of their marriage. rather than pull rug from under her and make her more vengeful, give her nice solutions.

example: rather than say "ok you signed papers and you are stuck hahaha too bad"

say "mom listen we really appreciate you sponsoring, you made possible everything that has made me happy. now, if only we could get DIL's citizenship done in a hurry, THEN you would be off the hook"

as my granny always said "you catch more flies with honey than vinegar"

[gvt 0]

Backing up what others have said with the actual wording on the I-864 form that she signed:

Source: http://www.uscis.gov/files/form/i-864.pdf

-------Quote-----------

What If I Do Not Fulfill My Obligations?

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

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection,including attorney fees.

If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person who becomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.

When Will These Obligations End?

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:

• Becomes a U.S. citizen;
  
• Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
  
• No longer has lawful permanent resident status, and has departed the United States;
  
• Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status,based on a new affidavit of support, if one is required; or
  
• Dies.
  

Note that divorce does not terminate your obligations under this Form I-864.

Edited September 3, 2010 by gvt

[Kathryn41 3,205]

Inappropriate Off Topic type of comment has been removed.

[nab 74]

Backing up what others have said with the actual wording on the I-864 form that she signed:

Source: http://www.uscis.gov/files/form/i-864.pdf

-------Quote-----------

What If I Do Not Fulfill My Obligations?

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

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection,including attorney fees.

If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person who becomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.

When Will These Obligations End?

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:

• Becomes a U.S. citizen;
  
• Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
  
• No longer has lawful permanent resident status, and has departed the United States;
  
• Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status,based on a new affidavit of support, if one is required; or
  
• Dies.
  

Note that divorce does not terminate your obligations under this Form I-864.

those last 3, and especially that last one, would be scary for me!

for some reason i thought the "die" part was on the part of the signer but now i see it is the immigrant eat same foods as husband when MIL cooks, drink from husband's glass, dont be alone with her EVER. and become a USC as fast as humanly possible!