Joint sponsor's liability

[JinyAndJony 0]

I need to explain the joint sponsor's responsbility to someone..and i see, am not clear on this.

This is regarding the address change he has to report. How long he has to really do this? The following is the verabtim copy from the I865 -form for updating the new-address. Now my question is about 'Becomes a U.S. citizen; ' 'Can be credited with 40 quarters of work;'

Are these conditions one or the other, or both? How long does it typically take for a CR1 person to become citizen? What if the person do not opt for citizenship even after that period..?

"

When Should I Use Form I-865?

If at any time in the past you completed a Form I-864, Affidavit of Support, to sponsor an immigrant, you are required to report your change of address within 30 days of the change if the sponsorship agreement is still in force. The sponsorship agreement remains in force until the

sponsored immigrant:

Becomes a U.S. citizen;

Can be credited with 40 quarters of work;

Departs the United States permanently and either formally

abandons lawful permanent resident status (by filing Form

I-407) or is formally held in a removal proceeding to have

abandoned that status;

In a removal proceeding, loses the lawful permanent

resident status that the sponsored immigrant obtained based

on your Form I-864; or

Dies. "

[Dan J 277]

I need to explain the joint sponsor's responsbility to someone..and i see, am not clear on this.

This is regarding the address change he has to report. How long he has to really do this? The following is the verabtim copy from the I865 -form for updating the new-address. Now my question is about 'Becomes a U.S. citizen; ' 'Can be credited with 40 quarters of work;'

Are these conditions one or the other, or both? How long does it typically take for a CR1 person to become citizen? What if the person do not opt for citizenship even after that period..?

"

When Should I Use Form I-865?

If at any time in the past you completed a Form I-864, Affidavit of Support, to sponsor an immigrant, you are required to report your change of address within 30 days of the change if the sponsorship agreement is still in force. The sponsorship agreement remains in force until the

sponsored immigrant:

Becomes a U.S. citizen;

Can be credited with 40 quarters of work;

Departs the United States permanently and either formally

abandons lawful permanent resident status (by filing Form

I-407) or is formally held in a removal proceeding to have

abandoned that status;

In a removal proceeding, loses the lawful permanent

resident status that the sponsored immigrant obtained based

on your Form I-864; or

Dies. "

Its one or the other. Becomming a citizen will take either 3 or 5 years. For most cases its 5 years unless the green card is obtained through marriage and is still married to the same person after 3 years. However, becomming a citizen is optional as in many cases it would result in the lost of citizenship with the birth country.

[Bleauwolf 9]

Regarding Address Change: If the joint sponsor or any sponsor changes address.... it must be reported WITHIN 30 days of the change of address.

Regarding ANY Sponsor's term (length of time) of sponsorship obligations: The sponsor's requirements remain in effect until ANY ONE (not all) of the following happens:

1) The Immigrant (Beneficiary / Applicant) becomes a US Citizen.

2) The Immigrant works in the US for 40 quarters (approximately 10 years).

3) The Immigrant decides to permanently leave the US -OR- abandons (gives up) their resident status -OR- is an a process that will be judges that the immigrant DID abandon their resident status. (Simply said: they decide not to stay in the US anymore and leave for good).

4) If the Immigrant is in a removal proceeding (held by the US government) that determines their resident status is cancelled.

5) The Immigrant dies.

Any ONE of the items (1 through 5) listed can be the cause / reason to lift or remove the obligation by ANY of the sponsor's who have submitted the I-864.

WARNING: A divorce between the petitioner and foreign immigrant DOES NOT CANCEL the obligation of Support by the Sponsor (Petitioner) OR the Joint Sponsor(s). I urge you to review the I-864 carefully.

__________________________________________________________________________

Regarding the person choosing NOT to become a US citizen:

There is no requirement that the Immigrant eventually become a US citizen. That's the Immigrant's choice. Certainly they can remain in the US as a permanent resident.

If they DO NOT choose to become a US citizen, and they are currently filed for CR-1 / IR-1 visa, the following is what they can expect:

There are two immigrant spouse visa's in this category (CR-1 and IR-1) .The difference between them is: How long the Petitioner (US Citizen) and the Applicant / Beneficiary (Foreign Immigrant spouse) are married.

• CR-1 Visa
  

(Known as a conditional visa) applies if the couple whom are married LESS THAN 2 years, at the time the foreign spouse has their embassy / consulate interview (at the end of the NVC process). Meaning: if you are married LESS THAN 2 years at the time of the interview. Your visa qualifies as a CR-1 (conditional visa).

What does this mean?.... It means the foreign spouse only has a conditional visa which is valid for 2 years.

What happens after that time?... After your spouse receives the visa: In 21 months (1 year and 9 months) later, you and your spouse must apply for an 'Adjustment of Status' (AOS) BEFORE THE CR-1 EXPIRES. (NOTE: AOS in discussion of this topic means'Adjustment of Status' / NOT 'Affidavit of Support' as used in I-864 topic discussions)

Essentially and simply put, the 'Adjustment of Status' means you want to change the status of your spouse from 'Conditional Resident' (CR-1) to 'Permanent Resident' (IR-1). Again and simply put; It means at 21 months you will basically be going through a process again. Example: submit an application for 'Adjustment of Status' = more forms, more fees and more proof of marriage (during the two years living here - meaning, there was no divorce / separation and so on). The good news is... you will be together in the US and not have to suffer being separated as in the process you're going through now.

After the 'Adjustment of Status' has been approved the foreign spouse will then become a 'US Permanent Resident' (if they wish, they can become a US Citizen in the future). The use of the word "permanent" resident is a little deceiving. Although the status will be changed to 'Permanent Resident', a Permanent Resident must still renew their Permanent Residency status every 10 years. However, compared to what your going through now... that renewal is basically just a matter of procedure.

• IR-1 Visa
  

(Known as immediate relative visa) applies to couples who are married 2 years or more (either at the time they submit a petition for a visa. -OR- at minimum... married at least two years at the time of the Embassy / Consulate Interview.

What does this mean?... It means that the foreign spouse is filing directly for their 'Permanent Resident' visa. BECAUSE: the couple has been married 2 years or more at time of interview. It means, you completely by-pass the 'Conditional Resident / Relative' (CR-1) status and you wont have to worry about any renewal of the status for 10 years (as I mentioned earlier).

Hope this helps and Best of Luck,

~Bleauwolf

[Bleauwolf 9]

I FORGOT TO ADD...

WARNING:

1) Just be aware the CR-1 visa holder CAN BE DEPORTED if the visa expires. My point is not to scare you, but to remind you... stay aware of the timeline and be sure to apply for the AOS (Adjustment of Status) on time. (AT least 90 days before expiration). Often, an official letter is sent to you when that time comes However, DON'T RELY ON THAT. Because letters can be forgotten to be sent, lost in the mail, and so on. Any of those excuses will NOT change the fact of an expired visa.

2) BE SURE TO SUBMIT A CHANGE OF ADDRESS IF YOUR GOING TO A NEW HOME DURING THE TWO YEAR PERIOD OF THE CR-1 VISA. This simple oversight can cause more damage than it's worth. Meaning: You don't want to miss any information coming to you from the government. AND IT'S REQUIRED.