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Filed: Other Country: China
Timeline
Posted
The co-sponsor doesn't have to give you anything. They only have to prevent you from becoming a public charge, and if you do become a public charge, pay back the government.

They don't have any responsibilities toward you.

Unless you successfully sue them and get a judgment. (Not a likely outcome with a joint/co sponsor)

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Posted

My girlfriend had consulted a few attorneys and tried to enforce I-864. Nobody wanted to touch a divorce through this end. She pretty much was told that in practice it is impossible to make sponsor/co-sponsor to pay directly to her.

Of course, if she would hire an expensive lawyer and pay by hour, they might find some ways but, of course, without garantee.

Hi ,

My late husband told my co-sponsor that would not cost her a dime for me to be here and I was respecting this deal since his death on Dec. 5th, 2006.

Now she is cheating on me, not only giving few money from my inheritance because I could not pay an attorney but also asking me to reimburse the 500 bucks her late husband gave to me as well as reimbursing her what it cost for her to send my late husband's books to him - about 300 bucks. And of course she asked me to reimburse the 500 bucks she GAVE to me.

From that point, the deal that was made between her and my late husband is broken (I loved him so much so I respected his words - because she thinks I am a fool) and for telling the truth, since I can not work nor drive my car I better find the way to make my co-sponsor to fill her responsibilities.

My question is: do I need an attorney? If I need, then I can not. Otherwise, please tell me how I could make her fulfill her own responsibilities towards me.

Thank you

The co-sponsor has no responsibilities towards you. The co-sponsor has responsibilities towards the US government....if you receive benefits from the govt (if the governement has to support you) then technically the US government can sue the co-sponsor to recover the money they lost supporting you.

But to you...NO, he/she has no responsibility.

I would suggest you find a job...and begin to support yourself if you choose to stay here. Once you've established yourself somewhat, you can hire an attorney to look into the situation of you not receiving any inheritance that is owed to you.

- P

I am curious about the obligation because I have read on here several times that it is only to the government, but the I-864 verbage doesn't support that statement. The co-sponsor would seem to have an obligation to the applicant based on the contract. The contract states:

"What Does Signing the Form I-864 Require Me to do?

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then, until your obligations under the Form I-864 terminate, you must:

--

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percentof the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and areon active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)

--

Notify USCIS of any change in your address, within 30 days of the change, by filing Form I-865.

What Other Consequences Are There?

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to beavailable to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits andalso for State or local means-tested public benefits, if the State or local government's rules provide for consideration("deeming”) of your income and assets as available to the person.

This provision does not apply to public benefits specified in section 403© of the Welfare Reform Act such as, but notlimited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National SchoolLunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-testedprograms under the Elementary and Secondary Education Act.

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

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

I have also seen stories on the internet where courts awarded alimony at the poverty guidelines in cases where it would otherwise be unwarranted or substantially less. I am not a proponent of legal action, but I think she should definitely consult an attorney.

Karina and Tomy

Filed: AOS (apr) Country: Pakistan
Timeline
Posted

Same sex marriage is not recognized by federal govt and USCIS

august 2004 I-129 filed (neb)

DEC 2004 Approved

interview: SEOUL

MArch 21st , 2005AR for special security clearance,washington

May 18th tranfer case from Seoul to Islammabad

June 21st security clearance done

June 28th online at the embassy in Islamabad

waiting for paper transfer and the good word

OCTOBER 14TH 2005 Interview Number 2: ISLAMABAD, PK

AR number 2 sent to DOS per Islamabad (2 cable request)

Nov 22 okd updated financial and etc proof accepted / embassy waiting for security cables

dec 20th one cable back waiting on 2nd

Jan 17th.. good word recieved. SECURITY CHECKS ALL CLEAR!!! DOS says embassy to contact him within two weeks!!!!!!

FEBRUARY 10th, 2006 VISA RECIEVED!!! They called him In via phone, stamped his passort and sent him on his way!!!

FEB 28th WELCOME HOME>>>POE CHICAGO did not even look at xray, few questions. one hour wait at Poe

march 10th marriage (nikkah at the islamic center)

aug 2006 AOS interview, cond 2 yr GC arrived september

June 2008 applied for removal of conditions on permant residency aka awaiting for 10 yr greencard

Dec 2008 10yr green card approved, no interview.

 
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