Sponsor's Responsibilities?

[rcrawford 0]

Hi everyone. Not posted here in a while. I moved to the US from Scotland with my USC wife last September after filing my I-130 in London. We have been married now for 3 years. We have been having problems in our relationship and recently agreed to a trial separation, which may well now end in divorce. We still get on really well, which is frustrating, but at the same time we are not a very good husband and wife. It's like being married to your best friend. It's fun and all but there's not really a future there. Anyway. I'm not here for relationship advice.

When I applied for my visa, my father in law co-sponsored me by completing form I-864 which states:

'The person completing this affidavit is the sponsor. A

sponsor's obligation continues until the sponsored immigrant

becomes a U.S. citizen, can be credited with 40 qualifying

quarters of work, departs the United States permanently, or

dies. Divorce does not terminate the obligation. By signing

this form, you, the sponsor, agree to support the intending

immigrant and any spouse and/or children immigrating with him

or her and to reimburse any government agency or private

entity that provides these sponsored immigrants with Federal,

State, or local means-tested public benefits.'

Basically he is still responsible for me even if his daughter and I divorce. The thing is that he and I have never really developed a relationship of any substance and he is now reluctant to be responsible for a guy who he doesn't really know and who is off doing his own thing. I understand the principle but of course he has no reason to worry. I know that I have no recourse to public funds and have no intention of ever trying to cheat the system. If I ever got in such financial trouble in the US, I will always have a home in Scotland to return to before it came to that.

So I guess my question is does my father in law have any power to withdraw his I-864 and get me kicked out of the country? Or is he now bound to responsibility because he signed the form?

Any information would be much appreciated. Thanks a lot.

-/Richard

[diadromous mermaid 36]

Hi everyone. Not posted here in a while. I moved to the US from Scotland with my USC wife last September after filing my I-130 in London. We have been married now for 3 years. We have been having problems in our relationship and recently agreed to a trial separation, which may well now end in divorce. We still get on really well, which is frustrating, but at the same time we are not a very good husband and wife. It's like being married to your best friend. It's fun and all but there's not really a future there. Anyway. I'm not here for relationship advice.

When I applied for my visa, my father in law co-sponsored me by completing form I-864 which states:

'The person completing this affidavit is the sponsor. A

sponsor's obligation continues until the sponsored immigrant

becomes a U.S. citizen, can be credited with 40 qualifying

quarters of work, departs the United States permanently, or

dies. Divorce does not terminate the obligation. By signing

this form, you, the sponsor, agree to support the intending

immigrant and any spouse and/or children immigrating with him

or her and to reimburse any government agency or private

entity that provides these sponsored immigrants with Federal,

State, or local means-tested public benefits.'

Basically he is still responsible for me even if his daughter and I divorce. The thing is that he and I have never really developed a relationship of any substance and he is now reluctant to be responsible for a guy who he doesn't really know and who is off doing his own thing. I understand the principle but of course he has no reason to worry. I know that I have no recourse to public funds and have no intention of ever trying to cheat the system. If I ever got in such financial trouble in the US, I will always have a home in Scotland to return to before it came to that.

So I guess my question is does my father in law have any power to withdraw his I-864 and get me kicked out of the country? Or is he now bound to responsibility because he signed the form?

Any information would be much appreciated. Thanks a lot.

-/Richard

Simply put, Richard, no he can't withdraw it. But are you aware that your wife will be the first sponsor responsible?

[rcrawford 0]

Simply put, Richard, no he can't withdraw it. But are you aware that your wife will be the first sponsor responsible?

Yeah I am aware of that but, as I said, it is an amicable separation and she is very keen for me to remain in the country. I also understand that, as long as I can show that my marriage was genuine, I should have no problem in removing the conditions of my permanent residency.

[diadromous mermaid 36]

Simply put, Richard, no he can't withdraw it. But are you aware that your wife will be the first sponsor responsible?

Yeah I am aware of that but, as I said, it is an amicable separation and she is very keen for me to remain in the country. I also understand that, as long as I can show that my marriage was genuine, I should have no problem in removing the conditions of my permanent residency.

Back to your first question, there's nothing that prevents a sponsor, petitioner or joint sponsor from attempting to extricate him/herself from the Affidavit of Support. Of course, in order to prevail they'd have to be successful in proving to USCIS that the alien's application for PR should be denied. So, while he can't withdraw the joint sponsorship, he could try. Generally, however, joint sponsors' activities along these lines don't carry much weight if marriage-based, if the USC spouse has not made the same sort of report to USCIS.