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Posted

This co-sponsor was sued based on I-864.

http://www.visajourney.com/forums/topic/522653-co-sponsors-responsibility-after-filing-ch-13-bankruptcy/#entry7341188

Hope he comes back here to update us the outcome.

Done with K1, AOS and ROC

Filed: Timeline
Posted

Hypnos,

Thank you for the clear and direct answer. But what about the part where the beneficiary (LPR) can sue the signer that I paraphrased above. Again, I'm going through this myself (IR-1, I-864) so I really do appreciate the thorough explanations.

Yikes, First, you are not going through this yourself. Meaning actively being sued or threatening to be sued under the 864. You are somewhere in the process of submitting the 864.

SO the question would be why are you so extremely concerned about the legal ramifications if things go wrong? Are there trust issues there? It takes a certain type of vindictive spouse to attempt to sue under the 864.

I suggest you read through Benders Imm Bulletin as it has the most comprehensive overview of the issue- what made the few successful lawsuits sucessful- and generally how it works.

Also I believe it refers to- unless Im thinking of some other doc- where couples have made prenups specifically stating they would not 'sue under the 864' however it has yet to be challenged if that is legal to do so as no one who has made such a prenup attempted to renig on it and then sue.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2192275

I assure you the download link is safe- its a trusted site- but you should run it through your anti virus software anyways.

 
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