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Protecting Sponsor from I-864 Lawsuits

By ABDyJLSO in General Immigration-Related Discussion

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ABDyJLSO Explorer

ABDyJLSO   9

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

Has anyone ever heard of the immigrant signing an affidavit more or less swearing to never take the sponsor to court demanding payment? Definitely not something to be sent in with the AOS packet, just for the sponsor to have for some peace of mind. I realize that the government seeking reimbursement for government aid paid to the immigrant is one thing, but I'd think the immigrant can at least personally swear to not go after the sponsor's money. I'm thinking the extreme cases, after a divorce, of the immigrant quitting their job and then demanding to be maintained financially, etc.

09/24/14 Marriage

USCIS

10/23/14 Mailed I-130 from Spain

11/05/14 NOA 1, routed to CSC

12/04/14 NOA 2

NVC

12/17/14 Case received

01/22/15 Case number assigned

01/23/15 DS-261 completed

01/26/15 AOS bill invoiced and paid

02/09/15 Mailed both packages from Spain

02/17/15 Scan date AOS & IV packages

02/17/15 IV bill invoiced

02/18/15 IV bill paid

02/20/15 DS-260 completed

03/24/15 Case Complete

04/16/15 P4 email

Madrid Embassy

05/26/15 Medical

05/28/15 Interview- Approved

07/29/15 POE

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

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

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

The I-864 is a contract between the government and the sponsor, not the sponsor and the beneficiary, so such an affadavit would be irrelevant.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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JimmyHou Experienced

JimmyHou   611

Posted
Filed: Citizen (apr) Country: Egypt
 Timeline
Posted

Has anyone ever heard of the immigrant signing an affidavit more or less swearing to never take the sponsor to court demanding payment? Definitely not something to be sent in with the AOS packet, just for the sponsor to have for some peace of mind. I realize that the government seeking reimbursement for government aid paid to the immigrant is one thing, but I'd think the immigrant can at least personally swear to not go after the sponsor's money. I'm thinking the extreme cases, after a divorce, of the immigrant quitting their job and then demanding to be maintained financially, etc.

The I-864 is a contract between the government and the sponsor, not the sponsor and the beneficiary, so such an affadavit would be irrelevant.

I agree with Penguin - the document assures that the sponsor will pay the government back for any government benefits that the beneficiary receives. The beneficiary has no right at all to demand any sort of payment from the sponsor, so an affidavit would be completely unnecessary.

On the other hand, if the beneficiary does receive government benefits, then the sponsor is ultimately responsible, regardless of any agreement between sponsor and beneficiary.

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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Umka36 Proficient

Umka36   781

Posted
Filed: Timeline
Posted

Here is some reading if you think the sponsor can only be "sued" by the government.

http://www.pugetsoundlegal.net/blog/wp-content/uploads/2014/01/i-864_ssrn_version.pdf

http://i-864.net/wp-content/uploads/2013/11/I-864_Update_BIB.pdf

http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/2cbe6a52e76636f28525763b00661a63!OpenDocument&Highlight=0,*

http://www.avvo.com/legal-guides/ugc/demanding-support-payments-under-the-i-864-affidavit-of-support

http://www.thefreelibrary.com/Immigration+form+I-864+(affidavit+of+support)+and+efforts+to+collect...-a0216412343

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dwheels76 Grand Master

dwheels76   5,468

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

http://www.uscis.gov/sites/default/files/files/form/i-864.pdf(page 7 bottom)

What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

Edited by dwheels76

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ROC I-751
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JimmyHou Experienced

JimmyHou   611

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

http://www.uscis.gov/sites/default/files/files/form/i-864.pdf(page 7 bottom)

What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

I agree with Penguin - the document assures that the sponsor will pay the government back for any government benefits that the beneficiary receives. The beneficiary has no right at all to demand any sort of payment from the sponsor, so an affidavit would be completely unnecessary.

On the other hand, if the beneficiary does receive government benefits, then the sponsor is ultimately responsible, regardless of any agreement between sponsor and beneficiary.

Thank you for correcting me!

My comment above was clearly wrong.

I'll try to do a little more research before posting next time.

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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ABDyJLSO Explorer

ABDyJLSO   9

Posted
Filed: IR-1/CR-1 Visa Country: Spain
 Timeline
  • Author
Posted

Thanks for the input all! As I suspected, the I-864 seems to be bullet-proof.

09/24/14 Marriage

USCIS

10/23/14 Mailed I-130 from Spain

11/05/14 NOA 1, routed to CSC

12/04/14 NOA 2

NVC

12/17/14 Case received

01/22/15 Case number assigned

01/23/15 DS-261 completed

01/26/15 AOS bill invoiced and paid

02/09/15 Mailed both packages from Spain

02/17/15 Scan date AOS & IV packages

02/17/15 IV bill invoiced

02/18/15 IV bill paid

02/20/15 DS-260 completed

03/24/15 Case Complete

04/16/15 P4 email

Madrid Embassy

05/26/15 Medical

05/28/15 Interview- Approved

07/29/15 POE

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