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Filed: AOS (pnd) Country: Peru
Timeline
Posted

My opinion on this is as follows...

10 years ago when I got my first I129F, I had a lawyer to help us with the Affidavit of Support because I couldn't understand it to figure it out and the Philadelphia Field Office kept rejecting it on me.

He told me that legally this document means nothing as it was written by bureaucrats and not lawyers. It is not legally binding and any half decent lawyer could get a sponsor out of trouble if they were being pursued because of the affidavit. Basically his legal opinion was that it is not enforceable and no real point to fill it out, but its required and so he did his job and helped us fill it our properly.

By no means am I saying don't care about it, because ultimately you did sign an agreement with the Government, it's just the advice I got from my Philly immigration lawyer back in 2003.

Filed: Other Country: Vietnam
Timeline
Posted

My opinion on this is as follows...

10 years ago when I got my first I129F, I had a lawyer to help us with the Affidavit of Support because I couldn't understand it to figure it out and the Philadelphia Field Office kept rejecting it on me.

He told me that legally this document means nothing as it was written by bureaucrats and not lawyers. It is not legally binding and any half decent lawyer could get a sponsor out of trouble if they were being pursued because of the affidavit. Basically his legal opinion was that it is not enforceable and no real point to fill it out, but its required and so he did his job and helped us fill it our properly.

By no means am I saying don't care about it, because ultimately you did sign an agreement with the Government, it's just the advice I got from my Philly immigration lawyer back in 2003.

Thank you so much

your answer ease me alot. the system should have some protection for those sponsor. Incase the things didn't come out the way it should.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Thank you so much

your answer ease me alot. the system should have some protection for those sponsor. Incase the things didn't come out the way it should.

Where do you see anything about protection? That is one attorney's opinion. No doubt there are other attorneys who feel the same way. And several that feel the exact opposite.

If you are sued to recover, you will need to hire one of those attorneys. That is the system.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Filed: AOS (pnd) Country: Peru
Timeline
Posted

Like I said, that was the opinion of 1 lawyer. He was a well known immigration attorney in Philly... this is only one opinion, so don't take it to heart, but know that if something could happen that perhaps the right attorney can fix things for you.

Filed: K-1 Visa Country: Wales
Timeline
Posted

If he was talking about the I 134, then I would agree.

The I 864 is theoretically enforceable however you will go a long way to find examples of it being enforced.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Timeline
Posted

No U cant deport him & he dont seem to be a fraudster, he seem to be a lazy man, tape & document threats , file for divorce, custody & child support (lazy man wont want custody yet, he gotta find someone else to bum off))

The USA is tightening up on those who dont want to work , they R not about to approve benifits to a single male new-comer to the country, so dont worry.

Filed: K-1 Visa Country: Russia
Timeline
Posted

*Move from IR1/CR1 forum to Effects of Major Changes forum*

No, you cannot withdraw your sponsorship.

If your sister can provide good evidence that he only used her for a green card then she could report him to ICE and perhaps he could be convicted of fraud and deported.

It sounds like your BIL needs to get off the lazy train. If he wants to sponge off your family then tell him no and to get a job. If it leads to divorce, so be it.

ICE is very busy going after illegal aliens and felons, this case they will not care, the guy is legal in USA to prove otherwise it will be difficult, even under domestic violence behavior, reporting it from relatives; ICE will look at it as vindictive reporting. This is fact, although ICE job is otherwise.

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

If he was talking about the I 134, then I would agree.

The I 864 is theoretically enforceable however you will go a long way to find examples of it being enforced.

Take note of the above. I-134 is just a guide for the consulate. It is non-binding.

You can click on the 'X' to the right to ignore this signature.

Filed: Other Country: China
Timeline
Posted

Take note of the above. I-134 is just a guide for the consulate. It is non-binding.

Not really applicable to the OP's questions but the I-134, while not legally enforceable upon the sponsor, IS an affidavit signed under penalty of perjury. So, if you lie about your finances there, you can be prosecuted for perjury but not be required to repay the government or actually support the visa holder.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Citizen (apr) Country: Jamaica
Timeline
Posted

What strikes me about these Affidavit of Support is why the Social Services offices systems don't talk to USCIS/DOH systems to know factually when a person is new to the country and isn't eligible for welfare or support or whatever it is... Or does it? If the stops were in place, then what would be the purpose really of the Affidavit of Support? It seems it would just be a commitment from the people sponsoring the immigrant saying that they'll provide for them as needed until they can support themselves. Does the goverment really have time to track down these millions of people to ensure they're being supported? I doubt it, especially when they can't even staff their offices to process applications.

K1
VSC NOA1 --- March 8, 2012
NOA2 --- October 11, 2012
Visa Approved --- December 17, 2012
POE --- December 22, 2012

AOS
AOS/EAD/AP NOA1 --- March 4, 2013
Biometrics --- April 3, 2013

EAD/AP received --- May 16, 2013

AOS Interview --- August 9, 2013

GC in production --- August 9, 2013

GC received --- August 17, 2013

N400

Approved May, 2018

Oath May, 2018

I130 - Nebraska SC

NOA1 - August 30, 2018

Case approved - August 28, 2019

NVC -

Interview -



I am the USC who brought my fiancé here on a K1,  who's now a USC and is now filing for his mother - whose case just got approved :)

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Post containing personal attacks removed also those quoting, and one member thread banned

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: Other Country: China
Timeline
Posted

Post containing personal attacks removed also those quoting, and one member thread banned

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Citizen (apr) Country: Canada
Timeline
Posted

thanks

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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