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Filed: Other Country: China
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Posted

How much support can a co-sponsor be expected to provide? This seems a very open-ended. Is it just to payback benefits my wife gets but not entitled to received? Would 125% of poverty level be the max? She would have no problems providing us housing, food, etc. if it was necessary. Would unexpected medical or legal problems be passed on to my co-sponsor. After I am in the US and working with good income can we end the co-sponsor. My sister will help me, but she is a careful person and will want answers. Just how much could this cost her in a worst case situation. I have looked and not found any answers on this; can you direct me to these answers/

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
How much support can a co-sponsor be expected to provide? This seems a very open-ended. Is it just to payback benefits my wife gets but not entitled to received? Would 125% of poverty level be the max? She would have no problems providing us housing, food, etc. if it was necessary. Would unexpected medical or legal problems be passed on to my co-sponsor. After I am in the US and working with good income can we end the co-sponsor. My sister will help me, but she is a careful person and will want answers. Just how much could this cost her in a worst case situation. I have looked and not found any answers on this; can you direct me to these answers/

Basically they do not want the immigrant to become a public charge and receive public assistance like welfare etc. If the immigrant were to take advantage of these benefits then in theory they could attempt to collect that from the sponsor(s).

(p) Reimbursement Requests . USCIS is not directly involved in enforcing an Affidavit of Support sponsor’s obligation to reimburse an agency for means tested public benefits. USCIS does, however, make information about the sponsor available to an agency seeking reimbursement. Upon the receipt of a duly issued subpoena, USCIS will provide the agency with a certified copy of a sponsor’s Form I-864.

In addition, USCIS routinely provides the sponsor’s name, address, and Social Security number to Federal, state, and local agencies providing means-tested benefits. This information is used to determine whether a sponsored immigrant who is applying for benefits is eligible for them. These queries are submitted to USCIS on Forms G-845, G-845S, and the G-845 Supplement.

Adjudicator's Field Manual - Redacted Public Version \ Chapter 20 Immigrants in General \ Enforceable Affidavits of Support.[Revised as of 06/27/2006].

Filed: Country: Ireland
Timeline
Posted

Worst case, your sister could be responsible to repay any & all benefits received, in addition to be liable to pay support for non-citizen for up to 10 years unless that non-citizen holds a job, dies or goes back to their original country. Your sister is wise to be cautious. No offence, but even family members turn on each other when it comes to this stuff. Mine did!!! I am now liable to pay support on a person we trusted into our home as part of our extended family and has disappeared. :crying::unsure:

Posted
Worst case, your sister could be responsible to repay any & all benefits received, in addition to be liable to pay support for non-citizen for up to 10 years unless that non-citizen holds a job, dies or goes back to their original country. Your sister is wise to be cautious. No offence, but even family members turn on each other when it comes to this stuff. Mine did!!! I am now liable to pay support on a person we trusted into our home as part of our extended family and has disappeared. :crying::unsure:

Just wanted to highlight, even if the non-citizen holds a job, it could be longer than 10 years. The threshold is 40 qtrs of work, not 10 years (40 qtrs generally equates to 10 years of work). If they take 20 years to get that 40 qtrs, then you are on the hook for that 20 years. (like working off and on)

If they never get a job, never leave the US, no one connected to the affidavit dies (the sponsor/beneficiary, or they do not become a citizen, you could be responsible for a very long time.

So I wouldn't consider "turning on you" as being a bad thing, it's a BIG responsibility, and can be financially devastating if you are sued for this.

Another interesting thing about this affidavit, some of the beneficiaries believe if they divorce, that the sponsor has to pay them whatever the 125% of the poverty level for their case was, each year for 10 years. (ie, for two people, the level is $18,212). (of course, this is non withstanding any divorce settlements or them coming after the sponsor for )

There is a post here where the girl and her "other" guy thought they were on easy street.... $18,00 grand a year!

Nothing is further from the truth. The sponsor can only be sued by the federal/state/city agency that provided any means tested benefits to the beneficiary.

They (the beneficiary) will only receive the benefits from the government they applied to. So if they only get $400.00 a month from that agency, that is all they get. Nothing actually comes from the sponsor directly to them if they used one of these programs.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Other Country: China
Timeline
Posted
Worst case, your sister could be responsible to repay any & all benefits received, in addition to be liable to pay support for non-citizen for up to 10 years unless that non-citizen holds a job, dies or goes back to their original country. Your sister is wise to be cautious. No offence, but even family members turn on each other when it comes to this stuff. Mine did!!! I am now liable to pay support on a person we trusted into our home as part of our extended family and has disappeared. :crying::unsure:

Just wanted to highlight, even if the non-citizen holds a job, it could be longer than 10 years. The threshold is 40 qtrs of work, not 10 years (40 qtrs generally equates to 10 years of work). If they take 20 years to get that 40 qtrs, then you are on the hook for that 20 years. (like working off and on)

If they never get a job, never leave the US, no one connected to the affidavit dies (the sponsor/beneficiary, or they do not become a citizen, you could be responsible for a very long time.

So I wouldn't consider "turning on you" as being a bad thing, it's a BIG responsibility, and can be financially devastating if you are sued for this.

Another interesting thing about this affidavit, some of the beneficiaries believe if they divorce, that the sponsor has to pay them whatever the 125% of the poverty level for their case was, each year for 10 years. (ie, for two people, the level is $18,212). (of course, this is non withstanding any divorce settlements or them coming after the sponsor for )

There is a post here where the girl and her "other" guy thought they were on easy street.... $18,00 grand a year!

Nothing is further from the truth. The sponsor can only be sued by the federal/state/city agency that provided any means tested benefits to the beneficiary.

They (the beneficiary) will only receive the benefits from the government they applied to. So if they only get $400.00 a month from that agency, that is all they get. Nothing actually comes from the sponsor directly to them if they used one of these programs.

Thanks for the reply. I read the I-864 form and it is a totally open-ended commitment. Your last paragraph is re-assuring but still many states would not hesitate to give out many benefits if they know they can just get the money from a sponsor. If there was a time limit or a way to terminate/change the contract, I would consider it. But with my present understanding, I can not ask my sister to sign this form. Perhaps we can find a different way or maybe we will just stay in China.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Your last paragraph is re-assuring but still many states would not hesitate to give out many benefits if they know they can just get the money from a sponsor

IMO you are overthinking the situation. The getting money from a sponsor is a legal procedure, not just sending an invoice. An agency won't be so cavalier about the process and just figure that the funds get replenished easily from the sponsor's bank account.

That being said it is a real commitment.

Your wife can apply for citizenship and that terminated the sponsor obligation.

Best of luck

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: Other Country: China
Timeline
Posted
Your last paragraph is re-assuring but still many states would not hesitate to give out many benefits if they know they can just get the money from a sponsor

IMO you are overthinking the situation. The getting money from a sponsor is a legal procedure, not just sending an invoice. An agency won't be so cavalier about the process and just figure that the funds get replenished easily from the sponsor's bank account.

That being said it is a real commitment.

Your wife can apply for citizenship and that terminated the sponsor obligation.

Best of luck

Thanks all for the responses. I was overreacting and dwelling on all possible problems for a sponsor. Still I find the whole visa procedure complicated and confusing, but we are not planning our move for 11 months so there should be time to work out any problems. A good friend has offered to sponsor and now that I understand things better I believe one of my sister would also have no problem sponsoring. So it is now time to finish assembly the I-130 package. This site has a nice feeling of love, caring and romance; glad I found it.

 
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