URGENT Question Regarding AOS RFE

[~ameriptian~ 54]

Our AOS was RFE'd in early August and we were asked to obtain a joint sponsor, because my husband is self-employed and according to USCIS he does not make enough to sponsor me, even though what he makes exceeds the %125-above-the-poverty-guidelines condition to sponsor relative/family member of a USC.

Please Read this thread to understand more what was asked from us: http://www.visajourney.com/forums/topic/270594-questions-regarding-rfe-reply/page__p__4142532#entry4142532

So, the past few weeks we were busy searching for a cosponsor and a family member agreed to do it. However, she has a few questions....:

- She is retired and her main income comes from Social Security, but she does have assets and saving accounts. We were advised before that she is eligible to be a cosponsor based on social security income, is that true?

- If the intending immigrant is hospitalized/gets pregnant/is injured and does not have health insurance. Is the cosponsor bound by law to be financially responsible?

- After the cosponsor is accepted by USCIS to be the sponsor of the intending immigrant, can any other cosponsor take the place of the original cosponsor later down the road?

- When the intending immigrant is legally allowed to work and is making enough money along what the USC spouse makes annually to sponsor him/herself. Is the cosponsor able to withdraw their financial support in that case?

- The USC spouse will always be the primary sponsor by law, is that correct?

Thanks in advance...

[Anh map 2,098]

If the immigrant uses any means tested benefits the agency/institution providing those benefits can seek recovery from the petitioner/primary sponsor as well as the cosponsor. They will attempt to collect from the primary sponsor first. If that person cannot settle the obligation, then the cosponsor would be pursued.

I-864 FAQ regarding Means Tested Benefits >> http://travel.state.gov/visa/immigrants/info/info_3183.html#_Means_Tested_Public

No, the sponsor/cosponsor cannot be replaced at a later date. The obligation ends when the immigrant becomes a USC, gives up their LPR status, or is credited with 40 quarters of employment.

[RICARDO4EVA2 194]

Our AOS was RFE'd in early August and we were asked to obtain a joint sponsor, because my husband is self-employed and according to USCIS he does not make enough to sponsor me, even though what he makes exceeds the %125-above-the-poverty-guidelines condition to sponsor relative/family member of a USC.

Please Read this thread to understand more what was asked from us: http://www.visajourney.com/forums/topic/270594-questions-regarding-rfe-reply/page__p__4142532#entry4142532

So, the past few weeks we were busy searching for a cosponsor and a family member agreed to do it. However, she has a few questions....:

- She is retired and her main income comes from Social Security, but she does have assets and saving accounts. We were advised before that she is eligible to be a cosponsor based on social security income, is that true?

Yes she can us her SSI income to qualify.. and if it does not meet the requirement for income then she can factor in other things that will help her to qualify.. for exapmle Assets like houses and if more than one and it's rented that can be used, car* some special tags on this... you've got to have more than one, saving, bonds etc.

- If the intending immigrant is hospitalized/gets pregnant/is injured and does not have health insurance. Is the cosponsor bound by law to be financially responsible?

- After the cosponsor is accepted by USCIS to be the sponsor of the intending immigrant, can any other cosponsor take the place of the original cosponsor later down the road?

yea will be responsible if the immigrant falls to any becomes a PUblic Charge and the primary sponsor is missing then it transfers to the next in line which is the co-sponsor. Co-Sponsors are in a binding contract and the only way to get out of that is if the Immigrant 1. Becomes a US Citizen, 2. Gets Deported or abandon the residency , 3. Dies and 4. I THINK(unsure) lived least 10 years in the US

- When the intending immigrant is legally allowed to work and is making enough money along what the USC spouse makes annually to sponsor him/herself. Is the cosponsor able to withdraw their financial support in that case?

- The USC spouse will always be the primary sponsor by law, is that correct?

No still is leagall responsible - they can stop working at any time. and the primary sponsor/spouse is responsible with the same terms as the co-sponsor.

Thanks in advance...

[~ameriptian~ 54]

We would like to have more of an answer for this question ...- If the intending immigrant is hospitalized/gets pregnant/is injured and does not have health insurance. Is the cosponsor bound by law to be financially responsible? Even if He/she is not going to the Government for help... whats there means of a Public Charge? Asking the Gov for help?..

[RICARDO4EVA2 194]

We would like to have more of an answer for this question ...- If the intending immigrant is hospitalized/gets pregnant/is injured and does not have health insurance. Is the cosponsor bound by law to be financially responsible? Even if He/she is not going to the Government for help... whats there means of a Public Charge? Asking the Gov for help?..

I answered all the question that u asked review the above post from us. public charge is pure use of the public's money....from tax payers.

[Anh map 2,098]

The I-864 does not obligate a sponsor to pay a person's debts.

Did you read through, and understand, the I-864 FAQ link that I posted previously?

If you need or want a legal opinion then I suggest that you contact a qualified attorney. It may be money well spent to help your potential cosponsor understand the obligations.

[~ameriptian~ 54]

Anh Map and Recardo4eva, thank you for all the help.

[RICARDO4EVA2 194]

Anh Map and Recardo4eva, thank you for all the help.

The Least... I'm happy to help.

[~ameriptian~ 54]

The I-864 does not obligate a sponsor to pay a person's debts.

Did you read through, and understand, the I-864 FAQ link that I posted previously?

If you need or want a legal opinion then I suggest that you contact a qualified attorney. It may be money well spent to help your potential cosponsor understand the obligations.

Our cosponsor has three more questions:

- Everything she owns and her income is in her and her husband's name. Should she put both their names or only hers since he is in her household?

- Is she considered the first or the second sponsor?

- Should she just send the required papers to Chicago Lockbox or should the envelope have my name/husband's name and address on it?

[~ameriptian~ 54]

*Bump*

[Anh map 2,098]

Primary sponsor (first) is you, the US citizen spouse.

If the assets are in both names then it would probably be beneficial to have the spouse complete an I-864A. This will show the adjudicating officer that both husband and wife are aware of their assets being pledged. This has come up with other VJ members and the I-864 as well.

Be sure that the sponsor provides the proper documentation regarding the asset valuation. It isn't just make a list and provide a value/worth.

The return address on the envelope doesn't matter. Be sure that the case number is noted (on cover letter) to be sure that the I-864/I-864A gets put in the proper file.