AOS co-sponsor question

[Burebista 3]

I've asked a relative to be a co-sponsor for AOS, and this question was presented to me:

If I understand correctly, I would be responsible for her until she worked 40 quarters (10 Years) or she became a citizen even if you became divorced and that she could sue me for support if she chose. Is that your understanding? Does she intend to become a citizen? Do you know how long that would take?

Is this correct? And yes, she intends to become a citizen...so how long does that take after entry into the US?

Thank you in advance

[YuAndDan 153]

Moving to Citizenship forum..

A green-card holder can file a N-400 for US citizenship either after living for 3 years with a US citizen spouse as a green-card holder, or after 5 years of green-card status if not married and living with a US citizen spouse.

Also a green-card holder does not automatically become a citizen after a set amount of time, and is not required to become a citizen at any time.

Edited March 1, 2011 by YuAndDan

[WaitinforHubby3yr 0]

Some one correct me if I'm wrong but signing on the responsibility as a Joint Sponsor also puts you at risk for reimbursing the Government should the beneficiary (immigrant) receive financial aid such as food stamps and welfare. This however should not happen because the beneficiary (immigrant) is suppose to financially by all sponsors that signed. Also if the primary sponsor fails to support the beneficiary(immigrant) and the beneficiary(immigrant) receives the before mentioned aids, the Government can by pass the primary sponsor and seek reimbursement from the joint sponsor.

[Burebista 3]

Some one correct me if I'm wrong but signing on the responsibility as a Joint Sponsor also puts you at risk for reimbursing the Government should the beneficiary (immigrant) receive financial aid such as food stamps and welfare. This however should not happen because the beneficiary (immigrant) is suppose to financially by all sponsors that signed. Also if the primary sponsor fails to support the beneficiary(immigrant) and the beneficiary(immigrant) receives the before mentioned aids, the Government can by pass the primary sponsor and seek reimbursement from the joint sponsor.

I was looking for any official documents about this on the NVC site, but can't find it...anybody know where?

Thanks

[Anh map 2,098]

I was looking for any official documents about this on the NVC site, but can't find it...anybody know where?

Thanks

The sponsor's contract in Part 8 of the I-864 spells it out. http://www.uscis.gov/files/form/i-864.pdf

[YuAndDan 153]

I was looking for any official documents about this on the NVC site, but can't find it...anybody know where?

Thanks

NVC will not have this, USCIS will.

[Burebista 3]

The sponsor's contract in Part 8 of the I-864 spells it out. http://www.uscis.gov/files/form/i-864.pdf

Thanks so much. It's enough risk, we think we'll not go with a co-sponsor. Concern was about past taxes, not income level.

[Brother Hesekiel 2,236]

In theory, the Affidavit of Support can be a commitment for life, if the beneficiary is a bum or drug user with no drive to find a job and due to their criminal past no chance to ever become a US citizen.

In practice, I have never heard of a case where the US Government sues the sponsor of an immigrant for reimbursement of means tested benefits that the immigrant was not eligible to apply for in the first place, and I have also not heard of an immigrant who successfully sued their sponsor for support.

Those cases may exist, the same way there are people who are born with two hearts, but how often do you encounter one of them?

[WaitinforHubby3yr 0]

Thanks so much. It's enough risk, we think we'll not go with a co-sponsor. Concern was about past taxes, not income level.

Yeah it's enough risk that my co-sponsor backed out. I started a government job in December 2009 so my w-2 did not display an income over the poverty guideline for a household of 3 (hubby,son, and myself), I think about $22,000. Since my co-sponsor backed out i had to wait until I worked a full year so that my w-2 displayed my full salary which was well over poverty guideline. It put hubby's case behind but we're ok with it.

Hopefully this won't be your case. If you have enough income over the poverty guideline for whatever your household size would be, you won't need a co-sponsor. Here's the link to verify.

I-864 P (Poverty Guidelines)

In theory, the Affidavit of Support can be a commitment for life, if the beneficiary is a bum or drug user with no drive to find a job and due to their criminal past no chance to ever become a US citizen.

In practice, I have never heard of a case where the US Government sues the sponsor of an immigrant for reimbursement of means tested benefits that the immigrant was not eligible to apply for in the first place, and I have also not heard of an immigrant who successfully sued their sponsor for support.

Those cases may exist, the same way there are people who are born with two hearts, but how often do you encounter one of them?

Never the less, the risk is still there. The previously mentioned risk are to be taken seriously when considering becoming a joint sponsor.

[HappyRs 8]

My husband's tax returns for 2009 showed a $5,000 debt (he and his ex owed to IRS for a short sale) but it was not an issue at the consulate in Bucharest. He makes well over the poverty line. You need to make sure you earn enough to support everyone in the household and past taxes issues should not matter. Back everything up with W2, pay stubs and bank accounts. Good luck!

[NickD 203]

I've asked a relative to be a co-sponsor for AOS, and this question was presented to me:

If I understand correctly, I would be responsible for her until she worked 40 quarters (10 Years) or she became a citizen even if you became divorced and that she could sue me for support if she chose. Is that your understanding? Does she intend to become a citizen? Do you know how long that would take?

Is this correct? And yes, she intends to become a citizen...so how long does that take after entry into the US?

Thank you in advance

So you are petitioning just for a spouse? No other kids she may have? The I-864 is a contract between you and the US government that, that person you are sponsoring is not coming here legally to scrounge off our welfare system, you will be liable for that. But we sure have our share of illegals coming here scrounging off of our welfare system, but that is okay. You are forced to sign that I-864, if you don't, you won't be able to bring your loved one here. But does give you a half a second to think if there is really love or is this person just using to come here. Other sections of this board are loaded with those that were used. Divorce, for any reason, does not free you from this liability.

After two years of dating my wife, that wasn't easy by the way with a 4,000 mile difference, was pretty darn sure I didn't want to go on without her. But she did have a daughter, my immigration attorney suggested she sign the I-864a so we became a joint sponsor for her. Said it would make it easier for her to come here. But I gather you are only dealing with one. And its not only based on income, but assets anymore, run a business and tend to write off quite it a bit, that is the American way. But wrote off quite a bit less to bring her here.

With delays in our AOS, we were actually married over four years before she could become a US citizen, so really can't go by that three year thing, Have to be married at least three years before you can apply, and two years and nine + months for holding that green card. But you also learn after some 15 months of grilling by the USCIS, your spouse only gets a two year condition green card, then have to go through all the madness again.

I have heard of situations where that sponsored person can receive Medicaid benefits without jeopardizing the sponsor. Don't know how that has changed, but did have a kid kicked off my health insurance policy because of a pre-condition, and other cases where a sponsored immigrant was hit by a hit and run driver and also kicked off their health insurance policy, with a pre-condition.

Divorce is a far different issue depending on the laws of your state, can get creamed in many different ways. Should make divorce laws a part of the marriage ceremony, if they did, will find many would walk out.

[Szilvia74 3]

Sorry for adding my own question here...but this topic reminded me that my K1 visa co-sponsor has just passed away. Do I need to let the USCIS know? I applied for citizenship but I haven't been granted yet.

[NickD 203]

Sorry for adding my own question here...but this topic reminded me that my K1 visa co-sponsor has just passed away. Do I need to let the USCIS know? I applied for citizenship but I haven't been granted yet.

Have the impression that the I-864 becomes a dead issue if the sponsored immigrant never applies for any public, private, state, or federal aid. It will be a dead issue when you get your certificate. Now the question is, should you bring it up at your interview? It certainly is not one of any of the questions you will be asked. And an old attorney axiom is, never volunteer any information.

[Szilvia74 3]

I already had my interview and my sponsor was still alive at the time. They are delaying with the decision on my citizenship and I was wondering ...if it would help them to make a decision faster if I send them a short letter letting them know (they may fear that I do not have a sponsor anymore and if I need "public, private, state, or federal aid" it would be on the gov't expense).

I know I am mean

Have the impression that the I-864 becomes a dead issue if the sponsored immigrant never applies for any public, private, state, or federal aid. It will be a dead issue when you get your certificate. Now the question is, should you bring it up at your interview? It certainly is not one of any of the questions you will be asked. And an old attorney axiom is, never volunteer any information.

Edited March 12, 2011 by Szilvia74

[Szilvia74 3]

I got the answer for this from a lawyer already...

I already had my interview and my sponsor was still alive at the time. They are delaying with the decision on my citizenship and I was wondering ...if it would help them to make a decision faster if I send them a short letter letting them know (they may fear that I do not have a sponsor anymore and if I need "public, private, state, or federal aid" it would be on the gov't expense).

I know I am mean

Edited March 14, 2011 by Szilvia74