Q about sponsors obligation if theirs devorice/seperation

[dims1 0]

Hi,

I'm trying to gather information for whomever might be Joint-sponsor for my wife(CR-1)

I am wondering if within the first 2 years while she is LPR, if she leaves me, will she be breaking the visa contract as my spouse and then can I file to have her deported(heaven forbid) If so, this would terminate the spnsors contract.

Again this is just a question to help me when I lay down the facts of joint-sponsorship to someone. Believe me.... we love each other a lot. Hard to ask this kind of thing:-)

Thanks,

Mike

[Boiler 45,466]

I am wondering if within the first 2 years while she is LPR, if she leaves me, will she be breaking the visa contract as my spouse and then can I file to have her deported(heaven forbid)

You can not.

If so, this would terminate the spnsors contract.

so it would not

[Nancy2015 2]

You can't deport anybody, it's the government's job.

If your wife leaves you and chooses to depart the US permanently, you and the joint sponsor won't be financially responsible for her any more.

I sincerely hope you asked this question out of curiousity and there is no hidden meaning...

[dims1 0]

No hidden meaning.

My wife was refused her visa at interview even though I had 130,000.oo in property assets. I had a bad few years with income and when the CO saw my earnings, he told my wife she needed a co-sponsor.

Everyone I talk to about being a co-sponsor is afraid of what could happen.

So I'm searching every possible fact I can find to put them at ease.

I read that in one case a wife devoriced her american husband, and ended up sueing him for 19,000.00 for living expenses.

But no.... I love my wife. We both cry everyday we are apart because of this issue.

Mike

[Boiler 45,466]

No hidden meaning.

My wife was refused her visa at interview even though I had 130,000.oo in property assets. I had a bad few years with income and when the CO saw my earnings, he told my wife she needed a co-sponsor.

Everyone I talk to about being a co-sponsor is afraid of what could happen.

So I'm searching every possible fact I can find to put them at ease.

I read that in one case a wife devoriced her american husband, and ended up sueing him for 19,000.00 for living expenses.

But no.... I love my wife. We both cry everyday we are apart because of this issue.

Mike

The obligations are clearly stated on the form.

Ceases on

Naturalisation

Death

Leaving the country

40 Quarters of Social Security contributions.

Usual co sponsors are family.

[diadromous mermaid 36]

You can't deport anybody, it's the government's job.

If your wife leaves you and chooses to depart the US permanently, you and the joint sponsor won't be financially responsible for her any more.

I sincerely hope you asked this question out of curiousity and there is no hidden meaning...

How well would you know the cosponsor? I take it that your income issue is soon to be resolvedc, or resolving itself, and if I were in your shoes, I'd be making sure I did what I could to convince a cosponsor that the primary sponsor for your wife, is you, and they a secondary source of support. In so far as you had the capability/ability or means to satisfy any obligation either to the government or to an ex-spouse should the unthinkable occur, the cosponsor could breath a sigh of relief.

What you refer to is akin to the Stump v Stump case already mentioned here, where in lieu of spousal support, the local court sought relief for the alien by virtue of a contract that was in place between a sponsor and the government to provide 125% of poverty guideline figures. You shoudl check with your local court to see what their position is on spousal support, to begin with. Many rarely award especially when a marriage has been short term. A post-nuptial drafted between you and your wife to cover the situation might also carry some weight with a trepidatious cosponsor.

[meauxna 15]

Hi,

I'm trying to gather information for whomever might be Joint-sponsor for my wife(CR-1)

I am wondering if within the first 2 years while she is LPR, if she leaves me, will she be breaking the visa contract as my spouse and then can I file to have her deported(heaven forbid) If so, this would terminate the spnsors contract.

Again this is just a question to help me when I lay down the facts of joint-sponsorship to someone. Believe me.... we love each other a lot. Hard to ask this kind of thing:-)

Thanks,

Mike

Mike,

You might be better off taking your research into:

1-What is covered by the I-864?

2-In what unique situations can it be applied?

3-What is the order of collection should the I-864 be enforced?

Baring a major medical catastrophe, it is difficult to see the Joint Sponsor's liablity as being equal to the Sponsor's.

You might find illumination by browsing through the Effects of Major Family Changes forum.

[Boiler 45,466]

You can't deport anybody, it's the government's job.

If your wife leaves you and chooses to depart the US permanently, you and the joint sponsor won't be financially responsible for her any more.

I sincerely hope you asked this question out of curiousity and there is no hidden meaning...

How well would you know the cosponsor? I take it that your income issue is soon to be resolvedc, or resolving itself, and if I were in your shoes, I'd be making sure I did what I could to convince a cosponsor that the primary sponsor for your wife, is you, and they a secondary source of support. In so far as you had the capability/ability or means to satisfy any obligation either to the government or to an ex-spouse should the unthinkable occur, the cosponsor could breath a sigh of relief.

What you refer to is akin to the Stump v Stump case already mentioned here, where in lieu of spousal support, the local court sought relief for the alien by virtue of a contract that was in place between a sponsor and the government to provide 125% of poverty guideline figures. You shoudl check with your local court to see what their position is on spousal support, to begin with. Many rarely award especially when a marriage has been short term. A post-nuptial drafted between you and your wife to cover the situation might also carry some weight with a trepidatious cosponsor.

I doubt that you could contract out of the I-864. Otherwise it would be a standard Lawyer recommended requirement.

The case concerned was outside of any divorce settlement, seems probable that in that case any marital claim would be minimal so that is why they went after the Federal contractual agreement.

[diadromous mermaid 36]

You can't deport anybody, it's the government's job.

If your wife leaves you and chooses to depart the US permanently, you and the joint sponsor won't be financially responsible for her any more.

I sincerely hope you asked this question out of curiousity and there is no hidden meaning...

How well would you know the cosponsor? I take it that your income issue is soon to be resolvedc, or resolving itself, and if I were in your shoes, I'd be making sure I did what I could to convince a cosponsor that the primary sponsor for your wife, is you, and they a secondary source of support. In so far as you had the capability/ability or means to satisfy any obligation either to the government or to an ex-spouse should the unthinkable occur, the cosponsor could breath a sigh of relief.

What you refer to is akin to the Stump v Stump case already mentioned here, where in lieu of spousal support, the local court sought relief for the alien by virtue of a contract that was in place between a sponsor and the government to provide 125% of poverty guideline figures. You shoudl check with your local court to see what their position is on spousal support, to begin with. Many rarely award especially when a marriage has been short term. A post-nuptial drafted between you and your wife to cover the situation might also carry some weight with a trepidatious cosponsor.

I doubt that you could contract out of the I-864. Otherwise it would be a standard Lawyer recommended requirement.

The case concerned was outside of any divorce settlement, seems probable that in that case any marital claim would be minimal so that is why they went after the Federal contractual agreement.

You can't contract out of the I-864, but you could contract out of seeking any temporary spousal support, unless it clearly violated what one would be entitled to as a matter of law.

I'm curious. How could the case have been outside of a divorce setttlement? Was it not between spouses, or former spouses?

[dims1 0]

Thanks alot diaddie mermaid....

Actually in that case the ex-wife decided to take the matter to federal court so the issue would be about the I-864 burden as opposed to marital/devorice burden which I think is a state issue.

You can read about it here.... excellent reading!

LINK

meauxna... Thanks to you as well.

I would love to learn about sponsor/co-sponsor as far as who the gov. goes after first. I have searched all over for that kind of info as well as what is going on with the 864 "between the lines"...

I have been studying the 213a law and the laws that the 213a refers to but there is not much out there to research.

For example the 864 doen't talk about what happens if my wife was in an auto accident and was sued for whatever the car insurance didnt cover. Would that debt go to me the husband? Or me the primary sponsor? Or the joint sponsor?

If the husband.... then does that relieve obligation to the sponsors?

Or what happens if my wife needed surgery and the bill was say 20,000. Who do they go after? Husband or sponsors. Its not a government issue and therefore nothing about it in the 864(213a)

Any links to articles would be greatly appreciated.

Thanks again for the help.

Mike

[diadromous mermaid 36]

Thanks alot diaddie mermaid....

Actually in that case the ex-wife decided to take the matter to federal court so the issue would be about the I-864 burden as opposed to marital/devorice burden which I think is a state issue.

You can read about it here.... excellent reading!

LINK

meauxna... Thanks to you as well.

I would love to learn about sponsor/co-sponsor as far as who the gov. goes after first. I have searched all over for that kind of info as well as what is going on with the 864 "between the lines"...

I have been studying the 213a law and the laws that the 213a refers to but there is not much out there to research.

For example the 864 doen't talk about what happens if my wife was in an auto accident and was sued for whatever the car insurance didnt cover. Would that debt go to me the husband? Or me the primary sponsor? Or the joint sponsor?

If the husband.... then does that relieve obligation to the sponsors?

Or what happens if my wife needed surgery and the bill was say 20,000. Who do they go after? Husband or sponsors. Its not a government issue and therefore nothing about it in the 864(213a)

Any links to articles would be greatly appreciated.

Thanks again for the help.

Mike

Federal court was the venue due to the fact that the contract which was being used was one between the sponsor and an agency of the US government, but the construct of the suit was to seek maintenance by virtue of the extant contract in lieu of alimony.

The I-864 is a document to prevent aliens from becoming wards of the government. A lawsuit initiated to seek repayment of healthcare or medical costs has little to do with the promise to support one's alien spouse to the tune of 125% of the current povertty guidelines. I don't see where that comes into play.

[dims1 0]

Yes, I agree but it would be nice to find out for sure so I can tell a possible joint-sponsor their exact burden.

I have decided buy health insurance for my wife. That will elimminate the health issue but I still would like to find out about who is responsible if an accident where she might be sued.

Thanks a lot for your input. You sound like you really know your stuff. I'm listening! :-)

Mike

[Yodrak 7]

Mike,

If they give her the surgery, knowing that she has no money to pay the bill, they go after anyone who has money and who they think has an obligation to pay her bills.

As diadromous mermaid points out, 213a deals with the immigrant's income - not with paying the immigrant's bills.

Yodrak

.....

Or what happens if my wife needed surgery and the bill was say 20,000. Who do they go after? Husband or sponsors. Its not a government issue and therefore nothing about it in the 864(213a)

....

Mike

Edited March 30, 2007 by Yodrak

[The Molinas 0]

maybe you should write your "own little contract" between you and your co-sponosr reassuring him, that in case of a divorce (or anything else involving money), that he doesnt have to pay anything or that he doesnt have any kind of responsibility.

I dont know if thats a stupid suggestion or not, but maybe it helps the co-sponsor to ease his mind, if you assure him that you will take care of any costs that your wife will cause due to a divorce, car accident etc....

[Boiler 45,466]

Federal court was the venue due to the fact that the contract which was being used was one between the sponsor and an agency of the US government, but the construct of the suit was to seek maintenance by virtue of the extant contract in lieu of alimony.

I di not read that it was in lieu of alimony, I do not remember alimony being mentioned.

As far as I know the same case could have been taken by anybody being sponsored, that it was an ex spouse was not in itself relevant.

The I-864 is a document to prevent aliens from becoming wards of the government. A lawsuit initiated to seek repayment of healthcare or medical costs has little to do with the promise to support one's alien spouse to the tune of 125% of the current poverty guidelines. I don't see where that comes into play.

Agreed, the Affidavit is limited in who can enforce it, a third party such as the victim of a motor accident is not obviously a potential source.

Unless somebody makes a new legal precedent.