Can you relieve a cosignor of his duty under an affidavit of support?

[coffeeguy 0]

If a person gets a cosignor for the affidavit of support becuase he doesn't meet the income requirements, then not too much later, the US spouse does meet the income requirements, can the US spouse assume the duty to support his wife, thereby releasing the cosignor from his affidavit of support?

Thanks

[babybunny 2]

I really wish I could answer that question. I co sponsered my friends husband. I knew my obligation was done when he naturalized.

but, having said that did you interview already?

[diadromous mermaid 36]

If a person gets a cosignor for the affidavit of support becuase he doesn't meet the income requirements, then not too much later, the US spouse does meet the income requirements, can the US spouse assume the duty to support his wife, thereby releasing the cosignor from his affidavit of support?

Thanks

It's moot, really, because technically even though you required a joint sponsor, you are always the primary sponsor. The rank for recovery of any benefits charged by any agency (should they choose to pursue it) would be YOU, then the joint sponsor. If you are earning above the 125% level and the agency wished, they could make sure you paid up.

[Yodrak 7]

coffeeguy,

Are we talking about the I-134 affidavit for the K3 visa or the I-864 affidavit for the subsequent immigrant visa or adjustment of status?

Yodrak

If a person gets a cosignor for the affidavit of support becuase he doesn't meet the income requirements, then not too much later, the US spouse does meet the income requirements, can the US spouse assume the duty to support his wife, thereby releasing the cosignor from his affidavit of support?

Thanks

diadromous mermaid,

Maybe not so moot if we're talking about I-864 (to which your response applies) and the Joint Sponsor decides that they want to sponsor an immigrant. In any event, no the Sponsor cannot relieve a Joint Sponsor of their obligation.

Yodrak

If a person gets a cosignor for the affidavit of support becuase he doesn't meet the income requirements, then not too much later, the US spouse does meet the income requirements, can the US spouse assume the duty to support his wife, thereby releasing the cosignor from his affidavit of support?

Thanks

It's moot, really, because technically even though you required a joint sponsor, you are always the primary sponsor. The rank for recovery of any benefits charged by any agency (should they choose to pursue it) would be YOU, then the joint sponsor. If you are earning above the 125% level and the agency wished, they could make sure you paid up.

Edited May 8, 2006 by Yodrak

[coffeeguy 0]

Thanks for the reply Yodrak. Would've posted earlier but had problems with my computer.

I was also wondering, what if I got a co-sponsor for the K-3 affidavit of support initially, but then later did not have a co-sponsor for the I-864, would the I-864 trump the earlier affidavit and free my co-sponsor from obligation?

Thanks

[Yodrak 7]

coffeeguy,

The obligation of I-134 is a moral one, not a legal one. Which is why the I-864 was created for immigration cases.

Yodrak

Thanks for the reply Yodrak. Would've posted earlier but had problems with my computer.

I was also wondering, what if I got a co-sponsor for the K-3 affidavit of support initially, but then later did not have a co-sponsor for the I-864, would the I-864 trump the earlier affidavit and free my co-sponsor from obligation?

Thanks