Q about sponsors obligation if theirs devorice/seperation

[Yodrak 7]

The Molinas,

I-864 is a contract between the person and the government, whether the person is the Sponsor or the Joint Sponsor.

No agreement between the Sponsor and the Joint Sponsor is going to override the contract between the Joint Sponsor and the government.

Yodrak

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.

.....

[meauxna 15]

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)

hi mike,

Suggest you start with the form and its instructions.. it is spelled out fairly completely there. The I-864 allows government agencies that have awarded means-tested benefits to your immigrant to sue for repayment.

First: A need for means-tested benefits. What are you doing to avoid that?

Next: An actual grant of means-tested benefits. Most (90+%?) agencies won't even talk to an immigrant until they have 5 years as a PR.

Next: An actual suit for recovery. I don't recall any of us being able to turn up a case where one of these agencies HAS actually sued an immigrant, their Sponsor or the Joint Sponsor for repayment.

I don't see anything about disgruntled neighbors, car accidents or civil debt. As you note, those are not government issues (on their face).

If you then dig further to the 'support at 125%' portion of it, I still can't find an application for your concerns. If you can't find anything in the Public Charge portions of the law, might it be that they aren't in there for a reason?

Don't go to the bank on this, but my understanding of the line of repayment is: Immigrant, Sponsor, Joint Sponsor. again, this is after the if/when means-tested benefits have een granted and a lawsuit started to reclaim them. There is a list of means-tested benefits on the DOS I-864 page (links in the DCF Guide).

[dims1 0]

Thanks to you all!!

This is a great discussion as it just isn't talked about in detail in this site or any other site I have visited. And every person I have talked to about sponsoring my wife has raised some issue of risk.

I'm really surprised noone else has run into this problem and asked questions.

Example....

My mom is VERY rich, retired, alone, and never spends any of her money.

But, she is a worry-aholic. It's up to me to releieve her of the worry by learning the facts so she will even listen to me. Once she and I have learned that she basically has no burden, then she will relax and I can pay a lawyer to sit with her and tell her what I already told her but as absolute fact.

I have read and reread the I-864 instructions and rules etc.

I have read and reread the 213a and the laws it makes reference to.

I've done many searches on any topic related. But the hard part is figuring out the topic for the search.... and which government agencey to look up.

I am doing my homework. It's all I can think about. This is the only thing keeping me away from my wife.

I've put possible joint-sponsor burdon into 3 categories....

1. Being sued from auto accident. Solution.... My wife will just have to wait to get her license until after she becomes a US citizen.(3yrs)

<Problem solved>

2. Health issues like not having funds for surgery. Solution... I buy her health insurance.

<Problem solved.>

3. Becoming a public charge. Only applies if she devoriced me and I didnt continue to support her(which I would)

a. If she were even able to receive gov. assistance, then I as the primary Sponsor, whould pay that back. No burden to the Joint-sponsor.(If they trust me)

b.If she requested living expenses directly form the sponsors, then again, I would do what it takes to pay these expenses so it would not become a burden to the joint-sponsor.

So I'm getting close.

Still wondering about if, say... she was riding a bicycle and hit an old lady on the sidewalk and then the lady sued. If that would be the husband's burden or if they can go to the sponsor for that.

I guess I could by some kind of accident insurance.

Its almost time for me to sit with an immigration attourney noe that I have specific questions to ask. And some solutions.

Again thanks so much to all of you for your help and insight.

Mike

[Yodrak 7]

Mike,

Items 1 and 2 are not sponsorship issues. Again, sponsorhip is assuring that the immigrant has a minimum level of income. It has nothing whatsoever to do with outgo - the immigrant's expenditures, debts, or liabilities.

Yodrak

.....

I've put possible joint-sponsor burdon into 3 categories....

1. Being sued from auto accident. Solution.... My wife will just have to wait to get her license until after she becomes a US citizen.(3yrs)

<Problem solved>

2. Health issues like not having funds for surgery. Solution... I buy her health insurance.

<Problem solved.>

3. Becoming a public charge. Only applies if she devoriced me and I didnt continue to support her(which I would)

a. If she were even able to receive gov. assistance, then I as the primary Sponsor, whould pay that back. No burden to the Joint-sponsor.(If they trust me)

b.If she requested living expenses directly form the sponsors, then again, I would do what it takes to pay these expenses so it would not become a burden to the joint-sponsor.

.....

Mike

[meauxna 15]

Its almost time for me to sit with an immigration attourney noe that I have specific questions to ask. And some solutions.

I like the way you've approached this, Mike. You are aplauded!

You have done a lot of work on your own, digging where few dare go.

I don't know what to tell you about the knocking someone down with a car or bike---I think that would just fall under personal liability (aka go after the husband, not the sponsor). Your solution is extreme--make sure you both can live with it!

As I mentioned before, when I wanted mom & dad's financials for just in case, I had the idea about naturalizing. It was already in our plan and would clearly get them off the hook. I also knew that in reality, should we ever come to the point of needing means tested bennies, I would be asking my parents for help before I went to welfare anyway.

See if the links in the DCF Guide are helpful---plenty *has* been written on the topic, it's just hard to find, as you note. This comes up more often in the DCF Forum because returning USCs often don't have a current US income.

Any chance I could talk you into reducing the size tag in your signature text? :) ???

[dims1 0]

Thanks for the support Yodrak....Appreciate what you do to help on this site.

meauxna...

Thanks and sure I can change the text size. It looks ok for me and when I reduced it from 6 to 3 it did nothing for my view. I took both the size and bold tags out and the bold went away but size is still the same... for me.

So let me know if its fixed and if not I will just remove the text..... no problems.

Oh what DCF forum are you refering to? Here at VJ?

Mike

Edited March 31, 2007 by dims1