Withdraw

[wmhurd 0]

Can my spouse withdraw their sponsorship since we are going through a divorce and I have a conditional green card? If so how and what forms will they have to file?

[seaking 1]

my understanding of this is: Once the petitioner has made a contract of Affidavit of Support, it stays in effect even in the case of divorce. The green card has no bearing on the matter. The petitioner is obligated to support the beneficiary until U.S. Citizenship is aquired or the beneficiary has worked under the SS system for 40 quarters.

If I am wrong about this, someone please correct me.

[JuneFirst 1]

my understanding of this is: Once the petitioner has made a contract of Affidavit of Support, it stays in effect even in the case of divorce. The green card has no bearing on the matter. The petitioner is obligated to support the beneficiary until U.S. Citizenship is aquired or the beneficiary has worked under the SS system for 40 quarters.

If I am wrong about this, someone please correct me.

i agree

[seaking 1]

My first reply definetly applies to the I-864 Affidavit of Support. In the instructions it specifically states obligation even in case of divorce. However, I could not see the same obligation in the instructions of I-134 Affidavit of Support.

Which AOS was used? I may have jumped to conclusions about the obligation.

[wmhurd 0]

my understanding of this is: Once the petitioner has made a contract of Affidavit of Support, it stays in effect even in the case of divorce. The green card has no bearing on the matter. The petitioner is obligated to support the beneficiary until U.S. Citizenship is aquired or the beneficiary has worked under the SS system for 40 quarters.

If I am wrong about this, someone please correct me.

What if the beneficiary makes more than the petitioner and has been working for the past 2 1/2 years?

[Scott and Mhay 57]

If you filled out an I-864 you are on the hook until she leaves the US or the other stuff above. If she stays in the US, it can and will be enforced if means tested benefits are used.

[SunDrop 59]

What if the beneficiary makes more than the petitioner and has been working for the past 2 1/2 years?

Makes no difference how much the beneficiary earns to the contractual responsibility undertaken when she signed the I-864.

The other way that it gets lifted is through naturalisation.

You don't need any affidavit of support to ROC.

[Bobby+Umit 161]

Makes no difference how much the beneficiary earns to the contractual responsibility undertaken when she signed the I-864.

The other way that it gets lifted is through naturalisation.

You don't need any affidavit of support to ROC.

Actually it would matter - the benificiary's income would determine how much support they could receive if they choose to go after the sponsor for support. (civil court/sue)

Plus - if they get 40 qtrs of work applied to them (as mentioned above)(working will do that - usually will take 10 years, unless the sponsors QQ's can be added) will drop the 864.

As pointed out in the posts above, once the case (aos) is abjudicated (they have the greencard), the 864 cannot be pulled.

But look on the bright side - if they make more than sponsor - they probably will not go after any means tested benifits and they can support themselves.

(any alimony in the divorce - of course - will change this )

[DanielParul 50]

bump

Edited March 27, 2010 by DanielParul

[TOM&Riz 4]

Actually it would matter - the benificiary's income would determine how much support they could receive if they choose to go after the sponsor for support. (civil court/sue)

Plus - if they get 40 qtrs of work applied to them (as mentioned above)(working will do that - usually will take 10 years, unless the sponsors QQ's can be added) will drop the 864.

As pointed out in the posts above, once the case (aos) is abjudicated (they have the greencard), the 864 cannot be pulled.

But look on the bright side - if they make more than sponsor - they probably will not go after any means tested benifits and they can support themselves.

(any alimony in the divorce - of course - will change this )

Actually the Beneficiary cannot sue the sponsor under the I-864, the I-864 is an instrument used by the government in the case a beneficiary becomes a public charge.

In that case the local and federal benefits issuers will decide what the beneficiary is entitled and the government may or may not attach a garnishment to the sponsor

Of course the beneficiary can sue for alimony or whatever they feel they are entitled according to the laws in thier state.

[meauxna 15]

Actually the Beneficiary cannot sue the sponsor under the I-864

I don't believe that is true. Several people have successfully sued their Sponsors, for financial support.

As outlined in the Sponsor's Contract at the back of form I-864:

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.

[TOM&Riz 4]

I don't believe that is true. Several people have successfully sued their Sponsors, for financial support.

As outlined in the Sponsor's Contract at the back of form I-864:

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.

This is true however this contract is between the sponsor and the government not the sponsor and the beneficery

"How Is This Form Used?

This form is a contract between a sponsor and the U.S.Government."

Edited March 28, 2010 by Tommy&Riza

[TOM&Riz 4]

I don't believe that is true. Several people have successfully sued their Sponsors, for financial support.

As outlined in the Sponsor's Contract at the back of form I-864:

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.

How Is This Form Used?

This form is a contract between a sponsor and the U.S.Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent ofthe Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intendingimmigrant(s) named in this form, if it becomes necessary.

The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program

If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested publicbenefits, the agency providing the benefit may request thatyou repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.

[Bobby+Umit 161]

Actually the Beneficiary cannot sue the sponsor under the I-864, the I-864 is an instrument used by the government in the case a beneficiary becomes a public charge.

In that case the local and federal benefits issuers will decide what the beneficiary is entitled and the government may or may not attach a garnishment to the sponsor

Of course the beneficiary can sue for alimony or whatever they feel they are entitled according to the laws in thier state.

Your incorrect - they (sponsored immigrant) can (and have) sue(d) using the 864.

It's spelled out in the Federal Regulations 8 CFR 213a.2 - Use of affidavit of support.

(d) Legal effect of affidavit of support.

Execution of a Form I864 under this section creates a contract between the sponsor and the U.S. Government for the benefit of the sponsored immigrant, and of any Federal, State, or local governmental agency or private entity that administers any means-tested public benefits program. The sponsored immigrant, or any Federal, State, or local governmental agency or private entity that provides any means-tested public benefit to the sponsored immigrant after the sponsored immigrant acquires permanent resident status, may seek enforcement of the sponsor's obligations through an appropriate civil action.

The regulation gives the sponsored immigrant the ability to use the 864 to get at least the poverty level of income provided to them from the sponsor. (mind you - as a single person, not at the level the sponsor used, say 2 people)

There are three cases I have come across where this was used. In the one case, the immigrants income was deducted from the (single) poverty level, and the rest had to be paid to her by the sponsor. (until the 864 was no longer valid - you know - the four reasons listed in the instructions).

A good write up of the Stump vs Stump (which I touched on above)

Here are some more write up's on this from a lawyer and another.

Google these cases for more info:

Cheshire v. Cheshire, 2006 U.S. Dist. LEXIS 26602 (M.D. Fla. 2006); Stump v. Stump, 2005 U.S. Dist. LEXIS 26022 (N. Dist. Ind. 2005); and Davis v. Davis, 2004 WL2924344 (Ohio Ct. App. Dec. 17, 2004).

To end - this statement:

However, signing the Affidavit of Support should not be done lightly or without a full understanding of the significant liabilities incurred if the immigrant later becomes a pauper.

Edited March 28, 2010 by Bobby+Umit

[TOM&Riz 4]

where does it say that this contract includes the beneficiery the ability to recover damages or this contract is between the sponsor and beneficiery, the sucssful case law you provide is a simple argument for support but does NOT award on the basis of the I-864