I-864 Co-Sponsor Sue Sponsor for Non-Support?

[Nooner 0]

Wow! It's been 10 years since first joining VJ for help through the fiancé visa process. THIS weekend, we will be celebrating 9 solid years marriage! However, what brings me back is related to an I-864 that I co-sponsored with my soon-to-be ex sister-in-law to bring her immigrant husband (my BIL).

As stated, I co-sponsored through an I-864. As soon as my brother-in law (and son) arrived, his wife immediately started getting public assistance and refused to get a job. My "brother" understood that he was not entitled and told his wife to stop. This, among many other things, led to the split in February (after ~ 1 yr). Except for about 3 months, he, son, newborn, and [deadbeat] wife lived with us. After they moved to their own place, the wife essentially forced him out with hopes he would abandon his daughter and return to his country.

My brother and his son have lived with me since the split, and i've maintained the support (since day one). His wife has NEVER provided a single penny of support beyond public assistance (and an attempt at welfare that my brother refused).

With rambling done, here is the question:

1. Is there precedent for a co-sponsor to sue a (primary) sponsor for non-support related to the immigrant?

2. Can I, as co-sponsor, sue the sponsor for potential damages (to me) related to fraudulent public assistance she obtained?

(In anticipation of questions...my sister-in-law quit her job, sold all belongings, and moved to his country where they lived for 3-years. She was my wifes friend for 3 years and always had low income, but suddenly decided to freeload. Otherwise I'd not have agreed to be a co-sponsor.)

Thanks for the assistance!

[aleful 1,905]

hi

no, because it's the government that can sue the sponsor and co sponsor or joint sponsor if the beneficiary gets public assistance

if she is a USC, a USC can get public assistance. if she got fraudulently, then the government would have to go after her

you are only liable if the beneficiary would get certain means tested benefits and if the government requests you pay it back

[JRF 117]

1. Absent a contract between you and your sister-in-law, you don't have a basis on which to sue. The 864 was not a contract between you and the primary sponsor. You did a nice thing...unfortunately however she has no legal obligation to pay you. Her husband may have a claim against her as part of a divorce settlement, most likely related to child support. He could then pay you back, if he wishes.

2. Regarding the USC obtaining public assistance - in order to sue her for damages you have to actually have sustained damages. The only way this happens is if the immigrant claims public assistance, and the USG obtains reimbursement from you. Chances of you actually obtaining money...nil if she is on public welfare.

Best of luck, and again your support of your brother-in-law and son is very kind.

[Nooner 0]

Thank you both for your replies. Kind of what I figured on Q.2. I think I'll encourage (and he will) my brother to report her for fraudulent use of benefits that she knew he wasn't entitled.

As for Q.1, I know he can go after her for non-support of he and his son. I was just hoping I could get some retribution for HER burden on society...My brother and nephew are welcome with me as long as they want.

Part of what drives this is she is petitioning for spousal support from him (go figure). He has also never received his or his son's GC that went to her mother's address (mysterious), nor will she give him his immigration documentation from the filing - says she can't find it.

She thinks she can force him to leave, but from what i've learned, it would be highly unlikely the government would make him leave with a new child, and the evidence of her intentions.

[Boiler 45,966]

So she applied for means tested benefits for him?

[Ryan H 3,828]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion.

[EM_Vandaveer 2,412]

If she is a USC, she is entitled to benefits, it's the IMMIGRANTS who are not. Her getting benefits is not fraud, except if she concealed her husband's income and/or applied for benefits FOR the immigrants.