Legal Question

[chris4336 3]

Hi, I am trying to find someone to Co-sponsor (I'm a student), and I just want to make sure I understand the legal aspects of the document. From what I have read, it seems like this sponsor's income will only be used if the foriegn fiancee is trying to go food stamps or welfare. I guess I'm just wonderinig if there are any circumstances when the US Govt could say to the Co-sponsor "You must give some of your income to the immigrant?" Just want to understand, and help my future co-sponsor understand, the legal aspects of their position.

Thank you,

Christina

[Mrs. Forgetful 2]

My husband refused to be a co-sponsor if I needed one because they are also held liable for anything that happens to the immigrant. So say you and you SO get a divorce, not only are you his sponsor, but the co-sponsor have to make sure the immigrant soesn't become a "burden" of the Govn't. Meaning you are responsible for making sure his financial needs are met. My father said that if my husband and I were to get a divorce, and he had gotten into some trouble leagally/financially, not only would I have to pay, but my father would be responsible if I couldn't pay it all either. This is what my dad and I got from the Affidavit of Support.

[chris4336 3]

I understand that you are responsible for making sure that person doesn't beome a burden...but this seems like something that is pretty unenforcable. For example, if we divorce and he has no money, the only thing the govt can do regarding the co-sponsor is deny the fiancee welfare based on the cosponsors income. Can they force the cosponsor to provide the fiancee with money/housing/food? Or is it more a matter of any debt that is aquired by the foreign fiancee will be the cosponsors responsibility as well? How could one be held responsible for legal actions of the fiancee? Could you be prosectued for something someone you have cosponsored did?

Not trying to be nit-picky just trying to understand better

[UmmSqueakster 54]

From my understanding, there is a big difference between the enforcablility of an I-134 (submitted with the K-1) and an I-864 (submitted with the adjustment of status in the US). You may want to ask this question in the K-1 forum, as the regular posters there are more up to date.

At least from what I've gleaned, the I-134 isn't enforcable, and if it is, only for 90 days after he arrives. The I-864 is much more serious (enforceable until he becomes a US citizen, or works 40 work quarters), and if he is on welfare etc, the cosponsor will be responsible for paying the government back.

The sponsorship issue is one of the reasons why my husband and I waited until after I graduated to begin the immigration process. We had friends cosponsor for the I-134, but I wanted to make sure that I had a decent job to support us before he actually got here, and could be the sole sponsor for the I-864.

[chris4336 3]

From my understanding, there is a big difference between the enforcablility of an I-134 (submitted with the K-1) and an I-864 (submitted with the adjustment of status in the US). You may want to ask this question in the K-1 forum, as the regular posters there are more up to date.

At least from what I've gleaned, the I-134 isn't enforcable, and if it is, only for 90 days after he arrives. The I-864 is much more serious (enforceable until he becomes a US citizen, or works 40 work quarters), and if he is on welfare etc, the cosponsor will be responsible for paying the government back.

The sponsorship issue is one of the reasons why my husband and I waited until after I graduated to begin the immigration process. We had friends cosponsor for the I-134, but I wanted to make sure that I had a decent job to support us before he actually got here, and could be the sole sponsor for the I-864.

Thanks for the reply. Yeah, getting a cosponsor sucks, but I have a lot of school left, so waiting really isn't an option. I am confident though, that my student loans/other assets will be enough to support us until he can "get on his feet here." But these things don't count for anything with the US govt