Backing out as Co-sponsor but sponsored individual is here already

[chekm8te 0]

Hi All,

I'm sorry for this but I feel I'm bringing bad news to everyone as I pose this question, but I'm so lost right now--a lot hurt but very lost. My question is how do I back out of being a co-sponsor. I know I'm locked in for 10 years but do not want anything to do with this family for even one more day. I believe I was mainly used to show finances on paper.

Some background. I've dated this girl for 3+ years, she's a citizen and so am I. I proposed to her a year ago and the marriage was put off because I just purchased a house. Recently, she asked if I could cosponsor for her brother to come over since her mom got denied because her mom had too much debt and already sponsored her little sister here. So pretty much my girl who is a citizen (1st child) sponsored mom, mom came here about 5 years ago and sponsored her 3rd daughter (my girl's little sister-17 years old) who has been here for 2 years already. So finally mom tried to sponsor their brother (mom's 2nd child-29 years old) but got denied.

I offered to cosponsor because I knew I was going to marry my girl. Little did I know that she had other plans. She cheated on me a few months ago and we are no longer together and have moved away from each other--I still own and live at the house. To add salt to injury, her mom told her (whatever they discussed, their conclusion was), not to try and have a resolution with me. So pretty much, I got cheated on and now I can't even think about forgiving her because her mom disapproves of us being together. I feel so used . Her brother is just came about a month ago with my paperwork turned in.

No my question, how do I get out of being a cosponsor? I know I'm only needed to support her brohter if they go into government funding but I would rather not see that or even deal with this family. I want my name pulled completly. I plan to find a better person in less than 10 years, marry her, and have kids. I don't want me being a cosponsor bite me later in the 10 years when my family needs me. Help ...what do I do? ...Thank you.

[JimVaPhuong 4,863]

If he got the visa and used it to enter the US then you're stuck. The I-864 is legally binding. Sorry.

[Kengux 3]

Get DHS and USCIS informed asap and filed that you're withdrawing your support from them stating fraud. They'll revoke it and you'll be fine...

[Penguin_ie 5,993]

Get DHS and USCIS informed asap and filed that you're withdrawing your support from them stating fraud. They'll revoke it and you'll be fine...

They will only do that if fraud can be proven. Nowhere in the OP's post does it state he has actual proof of fraud- indeed, even if he was used, that is not immigration fraud.

OP: sorry, but if the person is here, you are stuck.

[JimVaPhuong 4,863]

Get DHS and USCIS informed asap and filed that you're withdrawing your support from them stating fraud. They'll revoke it and you'll be fine...

This is false. An affidavit of support cannot be withdrawn after the immigration benefit has been granted. In the OP's case, the immigration benefit was granted when his ex-fiancee's brother entered the US with an immigrant visa and became an immigrant.

If he has evidence that there was fraud involved then he's encouraged to submit that evidence to USCIS and ICE. If his ex-fiancee's brother ends up being deported then the affidavit will no longer be enforceable. It would also no longer be enforceable if his ex-fiancee's brother becomes a US citizen, or earns 40 quarters of work credit through the SSA, or if either of them dies. Other than that, he's on the hook and there's no other way to get off.

[Jojo92122 1,924]

The I-864 cannot be withdrawn once the immigrant becomes a legal permanent resident (by entering the US on the immigrant visa or successfully adjusting status).

It's a popular misconception that the I-864 obligation is for 10 years. One way for the I-864 obligation to end is for the immigrant to have 40 quarters of work credit with Social Security. This is misconstrued as being a 10 years commitment as 40 work quarters is equivalent to 10 years.

The I-864 obligations ends ONLY when one of the following events occur;

1. The I-864 sponsor dies; or

2. The immigrant dies; or

3. The immigrant gains 40 quarters of work credit; or

4. The immigrant becomes a US citizen; or

5. The immigrant gives up his/her legal permanent residency AND depart the US.

The I-864 sponsor is ONLY obligated to reimburse the government if the immigrant receives certain means tested benefits. The sponsor does not need to pay the immigrant's rent or food or other personal expenses.

Edited June 20, 2011 by Jojo92122

[Fandango 1,439]

OP, it only amounts to 10 years if there's 40 quarters of work.

Read JoJo's post. If the brother comes over and refuses to work, doesn't gain citizenship, or voluntarily gives up PR status, you are on the hook until he dies.

[yankeelimer 1]

If you could back out anytime what would even be the point of the affidavit of support? Thats the whole point of the thing to move the risk to you personally, you are taking financial responsibility for the sponsored.

If you really want to pursue this, could you get the sponsored individual to admit to the fraud on audio recording(check state laws) or in writing? I guess it depends on how strongly you feel about it.

[Fandango 1,439]

There has been NO mention of any type of fraud...she cheated on him, and now he wants to pull support. Lots of USC-USC relationships go down in flames due to infidelity. This is not a fraud case from what's been disclosed thusfar, and I am confused as to why it's being brought up here.

[chekm8te 0]

Thanks guys for all the responses. I kinda knew I was stuck and hoping this person isn't a dead beat. He's been a deabeat in VN already--has a kid somewhere and left it to the mom who he doesn't correspond with anymore. Sad really, sometimes you try to help people and it ends up biting you in the behind. I truly hope he isn't a deadbeat here but if he is, is there a way out at that point? What happens if he goes to jail, does crime, gang, etc. Can I just go to immigration and tell them that this person is not worth it to keep in the US? Maybe I sound bitter but I feel taken advantage of.

There was no fraud there, I did the paperwork, requested for employee letter, my 3 months earnings, etc, etc... I wish I could be that bitter and return the favor and claim fraud but I have to stick to who I am and own up to this responsibility and take the consequence. That's the difference between my moral and hers.

Thanks again for all the feedback. I'll read up on more of your suggestions and see if there is anything else I can do. I'd rather just put this person and her family behind me and out of my life.

[Penguin_ie 5,993]

If you know of any criminal activity he does, you can tell the police. If he gets convicted, his greencard may get revoked, but only for very serious crimes.

[Used to be broken 147]

I'll read up on more of your suggestions and see if there is anything else I can do. I'd rather just put this person and her family behind me and out of my life.

They are behind you. The sponsorship issue is over unless and until there is some issue with this person being on public assistance. Case closed, move forward, quit letting your ex-fiance or girlfriend and her family occupy space in your mind rent free.

[JimVaPhuong 4,863]

Thanks guys for all the responses. I kinda knew I was stuck and hoping this person isn't a dead beat. He's been a deabeat in VN already--has a kid somewhere and left it to the mom who he doesn't correspond with anymore. Sad really, sometimes you try to help people and it ends up biting you in the behind. I truly hope he isn't a deadbeat here but if he is, is there a way out at that point? What happens if he goes to jail, does crime, gang, etc. Can I just go to immigration and tell them that this person is not worth it to keep in the US? Maybe I sound bitter but I feel taken advantage of.

There was no fraud there, I did the paperwork, requested for employee letter, my 3 months earnings, etc, etc... I wish I could be that bitter and return the favor and claim fraud but I have to stick to who I am and own up to this responsibility and take the consequence. That's the difference between my moral and hers.

Thanks again for all the feedback. I'll read up on more of your suggestions and see if there is anything else I can do. I'd rather just put this person and her family behind me and out of my life.

Look at the bolded text above, and pray every day that he does exactly that. If he commits a crime that would make him inadmissible then he's deportable. If he's deported then you're off the hook.