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for how long sponser have to support the filer?

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Filed: AOS (apr) Country: Iran
Timeline

hey guys I have a question!

is, for how long sponser have to financially responsible for petitioner and beneficiary? its that just a sign? how about if he/she didn't support?

06/12/07----sending The package to NSC

06/15/07---- Received at NSC

06/25/07---- TOUCHED

07/02/07---- TOUCHED and it conformed they received my Mail on 06/25/07 at CSC!

07/20/07---- TOUCHED and a lady said it still Pending..

08/06/07---- TOUCHED

08/29/07 OMG I am just keep TOUCHING... :lol:

09/26/07 TOUCHED CSC ... Nothing yet :(

09/28/07 sending a fax to congressman at 00:06 A.M.

10/31/07 JUST Called CSC TODAY, my Case Is under Officer reviewing... RIGHT ONNNNNN

11/05/07 RFE!!!! AFTER ABOUT 4 MONTH RFE? WHAT FOR? WHY SO LATE? #######

11/26/07 Approved WooHooo

11/30/07 NO2 hardcopy has been received yo yo

12/10/07 Transferred to NVC as of today 12/17/07. NVC telephone line is a hack of busy!

12/14/07 NV received the case

12/18/07 called and conformed the nvc case number and case have been send to ankara u.s. embassy

01/17/08 Received Appointment Letter Damn slow while they send it thro USPS

02/10/09 Approval Letter. ouiiiiii

02/20/09 Recived The Permanent Resident card

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Filed: Citizen (apr) Country: China
Timeline

If you are talking about I-134 used for visa interview, the responsibility is from time of entry in the country until adjust status, or the beneficiary leaves the country.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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However, if you sponsor for Adjustment of Status (AOS), as is customary, you are on the hook for 40 quarters or 10 years.

Why are you asking this?

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Filed: AOS (apr) Country: Iran
Timeline
If you are talking about I-134 used for visa interview, the responsibility is from time of entry in the country until adjust status, or the beneficiary leaves the country.

no about I-129f and after that.. I-134 ? like my frined his going to sponer, just to get my fiance in here.. right? then what? so he just going to sign for Affidavit of Support I-134. for example, if my wife god forbiding getting sick or ... what ever if she or i cant pay the bill of hospital whats going happen?

06/12/07----sending The package to NSC

06/15/07---- Received at NSC

06/25/07---- TOUCHED

07/02/07---- TOUCHED and it conformed they received my Mail on 06/25/07 at CSC!

07/20/07---- TOUCHED and a lady said it still Pending..

08/06/07---- TOUCHED

08/29/07 OMG I am just keep TOUCHING... :lol:

09/26/07 TOUCHED CSC ... Nothing yet :(

09/28/07 sending a fax to congressman at 00:06 A.M.

10/31/07 JUST Called CSC TODAY, my Case Is under Officer reviewing... RIGHT ONNNNNN

11/05/07 RFE!!!! AFTER ABOUT 4 MONTH RFE? WHAT FOR? WHY SO LATE? #######

11/26/07 Approved WooHooo

11/30/07 NO2 hardcopy has been received yo yo

12/10/07 Transferred to NVC as of today 12/17/07. NVC telephone line is a hack of busy!

12/14/07 NV received the case

12/18/07 called and conformed the nvc case number and case have been send to ankara u.s. embassy

01/17/08 Received Appointment Letter Damn slow while they send it thro USPS

02/10/09 Approval Letter. ouiiiiii

02/20/09 Recived The Permanent Resident card

zadcvfp4_845f2cf68d.gif

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Filed: AOS (apr) Country: Iran
Timeline
However, if you sponsor for Adjustment of Status (AOS), as is customary, you are on the hook for 40 quarters or 10 years.

Why are you asking this?

what I know she can be U.S. citizen! so she be an american citizen.. right? if she can pay her bills or credit card or hospital bill or I, what sponsor can do? what is sponsor roll?

06/12/07----sending The package to NSC

06/15/07---- Received at NSC

06/25/07---- TOUCHED

07/02/07---- TOUCHED and it conformed they received my Mail on 06/25/07 at CSC!

07/20/07---- TOUCHED and a lady said it still Pending..

08/06/07---- TOUCHED

08/29/07 OMG I am just keep TOUCHING... :lol:

09/26/07 TOUCHED CSC ... Nothing yet :(

09/28/07 sending a fax to congressman at 00:06 A.M.

10/31/07 JUST Called CSC TODAY, my Case Is under Officer reviewing... RIGHT ONNNNNN

11/05/07 RFE!!!! AFTER ABOUT 4 MONTH RFE? WHAT FOR? WHY SO LATE? #######

11/26/07 Approved WooHooo

11/30/07 NO2 hardcopy has been received yo yo

12/10/07 Transferred to NVC as of today 12/17/07. NVC telephone line is a hack of busy!

12/14/07 NV received the case

12/18/07 called and conformed the nvc case number and case have been send to ankara u.s. embassy

01/17/08 Received Appointment Letter Damn slow while they send it thro USPS

02/10/09 Approval Letter. ouiiiiii

02/20/09 Recived The Permanent Resident card

zadcvfp4_845f2cf68d.gif

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However, if you sponsor for Adjustment of Status (AOS), as is customary, you are on the hook for 40 quarters or 10 years.

Why are you asking this?

what I know she can be U.S. citizen! so she be an american citizen.. right? if she can pay her bills or credit card or hospital bill or I, what sponsor can do? what is sponsor roll?

If she cannot pay the bills, you do, for 10 years. Unless significant changes were to happen.

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Filed: Citizen (apr) Country: China
Timeline
However, if you sponsor for Adjustment of Status (AOS), as is customary, you are on the hook for 40 quarters or 10 years.

Why are you asking this?

what I know she can be U.S. citizen! so she be an american citizen.. right? if she can pay her bills or credit card or hospital bill or I, what sponsor can do? what is sponsor roll?

The sponsor is there to insure that the immigrant does not become a charge of the state, that is the immigrant does not become dependent on the US government for support.

This has nothing to do with paying of bills.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: Timeline

William,

Point of clarification: could be less than 10 years, could be more than ten years. There are 6 ways to get off the hook - 40 quarters of qualifying employment is one of them, the passage of 10 years time is not.

Yodrak

However, if you sponsor for Adjustment of Status (AOS), as is customary, you are on the hook for 40 quarters or 10 years.

.....

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Filed: Timeline

Reza and William,

A sponsor's obligation is to ensure that the sponsored alien has certain minimum level of income, a sponsor is not obligated to pay the alien's bills.

Yodrak

what I know she can be U.S. citizen! so she be an american citizen.. right? if she can pay her bills or credit card or hospital bill or I, what sponsor can do? what is sponsor roll?

If she cannot pay the bills, you do, for 10 years. Unless significant changes were to happen.

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William,

Point of clarification: could be less than 10 years, could be more than ten years. There are 6 ways to get off the hook - 40 quarters of qualifying employment is one of them, the passage of 10 years time is not.

Yodrak

However, if you sponsor for Adjustment of Status (AOS), as is customary, you are on the hook for 40 quarters or 10 years.

.....

Yodrak's right, of course. And I'll point out that ten calendar years has very little correlation to 40 quarters of employment for social security purposes. If the alien is married and both spouses are working, then the alien will be credited with two quarters of work for each calendar quarter, so at this pace, the alien could be credited with 40 quarters in five years. If only one spouse is working, or if the alien is working but not married, then the alien would earn one quarter of work credit each calendar quarter. If the alien is divorced and unemployed, or married and both spouses are unemployed, then no credits of work will be earned. If this condition continued, the affidavit of support would remain in effect until one of the other terminating conditions happened.

My guess is many aliens will spend a lot of time in a marriage with both spouses working, and will take not too much more than five years to earn 40 quarters of work credits. But most sponsors or co-sponsors aren't worried about this "good" case; they're worried about what could happen if there's a divorce and unemployement.

Read the I-864 before signing it. It has no expiration date. Death is the only terminating condition that's inevitable, so it's not much of a stretch to call it a potential lifetime commitment.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Timeline

A point of clarification here - the determination of how many quarters an alien is credited with is made when a benefit is applied for. If the alien has accumulated 40 quarters in, say, 6 years of marrige by including the spouse's quarters, and no determination has been made during the marriage, then there's a divorce and the alien applies for benefits, the alien will no longer have the spouse's quarters credited to them. The USC has not gotten off the hook.

Yodrak

.....

My guess is many aliens will spend a lot of time in a marriage with both spouses working, and will take not too much more than five years to earn 40 quarters of work credits. But most sponsors or co-sponsors aren't worried about this "good" case; they're worried about what could happen if there's a divorce and unemployement.

....

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A point of clarification here - the determination of how many quarters an alien is credited with is made when a benefit is applied for. If the alien has accumulated 40 quarters in, say, 6 years of marrige by including the spouse's quarters, and no determination has been made during the marriage, then there's a divorce and the alien applies for benefits, the alien will no longer have the spouse's quarters credited to them. The USC has not gotten off the hook.

Are you sure about that? That's not what I get from reading the I-864 nor from INA 213(A).

From the I-864:

When Will These Obligations End?

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:

...

* Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

...

That sounds like, once this event has happened, a divorce and subsequent un-crediting of quarters can't retroactively reinstate the I-864.

And the language in the I-864 seems to be a good paraphrase of the actual statuatory language in INA 213A(3)(A)

In general.-An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under subparagraph (B)

Again, it sounds from this language like, as soon the quarters are credited, that triggers an event where the affidavit terminates, and it's no longer enforceable, and can't retroactively be reinstated based on quarters being un-credited.

At least, that's what I hope my lawyer would argue if I were a sponsor in such a situation. I understand that there's not a huge body of case law on the affidavit of support enforceability (though it has held up in court in some circumstances).

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: AOS (apr) Country: Iran
Timeline

Thanks for your useful information... I have another question, how about if she going to play for financial AID? does she qualified for financial AID?

A point of clarification here - the determination of how many quarters an alien is credited with is made when a benefit is applied for. If the alien has accumulated 40 quarters in, say, 6 years of marrige by including the spouse's quarters, and no determination has been made during the marriage, then there's a divorce and the alien applies for benefits, the alien will no longer have the spouse's quarters credited to them. The USC has not gotten off the hook.

Are you sure about that? That's not what I get from reading the I-864 nor from INA 213(A).

From the I-864:

When Will These Obligations End?

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:

...

* Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

...

That sounds like, once this event has happened, a divorce and subsequent un-crediting of quarters can't retroactively reinstate the I-864.

And the language in the I-864 seems to be a good paraphrase of the actual statuatory language in INA 213A(3)(A)

In general.-An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under subparagraph (B)

Again, it sounds from this language like, as soon the quarters are credited, that triggers an event where the affidavit terminates, and it's no longer enforceable, and can't retroactively be reinstated based on quarters being un-credited.

At least, that's what I hope my lawyer would argue if I were a sponsor in such a situation. I understand that there's not a huge body of case law on the affidavit of support enforceability (though it has held up in court in some circumstances).

06/12/07----sending The package to NSC

06/15/07---- Received at NSC

06/25/07---- TOUCHED

07/02/07---- TOUCHED and it conformed they received my Mail on 06/25/07 at CSC!

07/20/07---- TOUCHED and a lady said it still Pending..

08/06/07---- TOUCHED

08/29/07 OMG I am just keep TOUCHING... :lol:

09/26/07 TOUCHED CSC ... Nothing yet :(

09/28/07 sending a fax to congressman at 00:06 A.M.

10/31/07 JUST Called CSC TODAY, my Case Is under Officer reviewing... RIGHT ONNNNNN

11/05/07 RFE!!!! AFTER ABOUT 4 MONTH RFE? WHAT FOR? WHY SO LATE? #######

11/26/07 Approved WooHooo

11/30/07 NO2 hardcopy has been received yo yo

12/10/07 Transferred to NVC as of today 12/17/07. NVC telephone line is a hack of busy!

12/14/07 NV received the case

12/18/07 called and conformed the nvc case number and case have been send to ankara u.s. embassy

01/17/08 Received Appointment Letter Damn slow while they send it thro USPS

02/10/09 Approval Letter. ouiiiiii

02/20/09 Recived The Permanent Resident card

zadcvfp4_845f2cf68d.gif

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Filed: Timeline

lucyrich,

Not 100% sure, but pretty sure. I think you're looking in the wrong place for the answer, and what I'm saying is not as if the I-864 obligation is terminated and then gets re-instated due to a divorce.

The SSA does not actively keep track of an aliens quarters and make a report to USCIS when 40 quarters have been accumulated, and the USCIS then marks the I-864 as no longer in effect. Rather, when an alien applies for a means-tested benefit, a determination will be made. If the alien is married, their quarters as well as quarters earned during the marriage by the spouse are considered. If the alien is single, their quarters only are considered (unless, perhaps, they can also be credited with a parent's quarters if a parent has quarters - I don't know how that aspect works). They don't look back to see if at some earlier date, when the alien was married, they might have had more quarters due to the now ex-spouse - the determination is being made now, based on the current situation.

I don't know if, absent a need for benefits, an alien could proactively contact the SSA and say, "hey, make a determination for me so that I can go on record as having 40 quarters". (And that might not be in the alien's best interests to do - an alien anticipating trouble ahead would most likely want to keep their sponsor on the hook?)

Perhaps I Quit knows something about this aspect of SSA policy and procedure.

Yodrak

A point of clarification here - the determination of how many quarters an alien is credited with is made when a benefit is applied for. If the alien has accumulated 40 quarters in, say, 6 years of marrige by including the spouse's quarters, and no determination has been made during the marriage, then there's a divorce and the alien applies for benefits, the alien will no longer have the spouse's quarters credited to them. The USC has not gotten off the hook.

Are you sure about that? That's not what I get from reading the I-864 nor from INA 213(A).

From the I-864:

When Will These Obligations End?

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:

...

* Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

...

That sounds like, once this event has happened, a divorce and subsequent un-crediting of quarters can't retroactively reinstate the I-864.

And the language in the I-864 seems to be a good paraphrase of the actual statuatory language in INA 213A(3)(A)

In general.-An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under subparagraph (B)

Again, it sounds from this language like, as soon the quarters are credited, that triggers an event where the affidavit terminates, and it's no longer enforceable, and can't retroactively be reinstated based on quarters being un-credited.

At least, that's what I hope my lawyer would argue if I were a sponsor in such a situation. I understand that there's not a huge body of case law on the affidavit of support enforceability (though it has held up in court in some circumstances).

Edited by Yodrak
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