Lifting conditions - Sponsor not wanting to go through with signing any further documentation

[Crazy Cat 42,028]

1 minute ago, etapia said:

yes and physical. 

Then, you can certainly report it to USCIS.  If he is subsequently deported and loses status, the I-864 would be voided.  

[SalishSea 18,020]

43 minutes ago, etapia said:

i honestly have a child with this man and we just do not get along. I do not want to ruin his life but do not want to be his sponsor because he is very irresponsible. This is so difficult. 

You already are his sponsor.   You cannot change that until one of the events  outlined by Lucky Cat occurs.

[SalishSea 18,020]

36 minutes ago, etapia said:

So therefore I am stuck with being his sponsor for the next 10 years unless he decides to change it.  He has every right now but I have no rights in this as an american citizen. 

Always read and thoroughly understand any document you are signing……

[Ontarkie 14,346]

~~Moved to Effects of Major Family Changes, from K1 P&P - as similar topics are discussed here.~~

 

 

Mod Hat Off

 

As others have mentioned you cannot be removed as the sponsor. This does not mean you need to pay for all his whims and wants.  He needs to get a job and guess what he has to pay child support. Time to removed yourself from the situation, submit proof of fraud, find a good lawyer and start the rest of your life. 

[Mike E 11,742]

3 hours ago, etapia said:

So therefore I am stuck with being his sponsor for the next 10 years unless he decides to change it.  He has every right now but I have no rights in this as an american citizen. 

He needs to earn 40 SSA credits.  
 

Each credit is $1470 (adjusts with inflation each year).  So if you hire him as your personal assistant for 10 years for at $490 a month you will be free of this burden: in ten years. 
 

Sorry you are going through this.  

[Crazy Cat 42,028]

7 minutes ago, Mike E said:

He needs to earn 40 SSA credits.  
 

Each credit is $1470 (adjusts with inflation each year).  So if you hire him as your personal assistant for 10 years for at $490 a month you will be free of this burden: in ten years. 
 

Sorry you are going through this.  

or become a citizen as soon as possible.

Edited June 29, 2021 by Lucky Cat

[Mike E 11,742]

15 minutes ago, Lucky Cat said:

or become a citizen as soon as possible.

You can lead a horse to water but you can’t make him drink.  You can however put sugar cubes in your hand and I am certain the horse eat them. 

[USC4SPOUSE 506]

3 hours ago, Mike E said:

You can lead a horse to water but you can’t make him drink.  You can however put sugar cubes in your hand and I am certain the horse eat them. 

@Mike E can you relate your analogy (horse - water - sugar cubes) to the I-864, divorce, fraud etc? I am having a hard time connecting the dots here.  

[AJ2019 58]

6 hours ago, etapia said:

So therefore I am stuck with being his sponsor for the next 10 years unless he decides to change it.  He has every right now but I have no rights in this as an american citizen. 

From what I understand, you don't have to sign any subsequent support forms and you should not feel forced to sign any. Upon divorce, he can obtain a waiver for I-864.

 

When you signed the I-864, you agreed that the beneficiary will not be a "public charge" (i.e., not take public benefits, etc.). In the event, the beneficiary does, the gov't can sue and come after the petitioner for the amount of public benefits he has taken. However, this seems extremely rare, unless he's unemployed, etc. and has to take food stamps for example. 

Edited June 29, 2021 by AJ2019
typo

[Villanelle 4,122]

3 hours ago, Mike E said:

He needs to earn 40 SSA credits.  
 

Each credit is $1470 (adjusts with inflation each year).  So if you hire him as your personal assistant for 10 years for at $490 a month you will be free of this burden: in ten years. 
 

Sorry you are going through this.  

If they are married he can be credited with her credits as well as his own.  People can earn a max of 4 credits a year and most people earn the max unless they dont work full time or worked very little.  So a married couple that both works can be credited with 8 credits/year (towards ending the 864) and after 5 years the 864 will be void. 5 years is also the amount of time needed for citizenship which is not a coincidence. Spouses of USCs who are still currently married can naturalize early at 3 years and end it that way. 

 

Perhaps the best path for the OP is to do a formal separation? SS credits earned will continue to be counted towards the 864 its only once divorced that you cant count them. Because they have a child a long separation may be the ideal situation before jumping right to divorce. A separation agreement can address custody and child support issues as well as debts and such. 

 

The separation agreement if done during the ROC process must be disclosed and the ROC will need to be filed jointly. An interview will be most likely set that they both must attend. He can be approved on a joint ROC as long as they are not officially divorced. 

[Mike E 11,742]

14 minutes ago, Villanelle said:

If they are married he can be credited with her credits as well as his own.  People can earn a max of 4 credits a year and most people earn the max unless they dont work full time or worked very little.  So a married couple that both works can be credited with 8 credits/year (towards ending the 864) and after 5 years the 864 will be void. 5 years is also the amount of time needed for citizenship which is not a coincidence. 

So this is fascinating. Is there a reference to that?

 

One thing I find interesting  is that is two spouses are married to each other for ten years, and one spouse has 40 credits, the other spouse can claim benefits at the rate of 50% of the working spouses's SS benefits. Even if they get divorced. It always seemed wrong to me that USCIS doesn't count that toward releasing the primary sponsor.

 

[Mike E 11,742]

1 hour ago, USC4SPOUSE said:

@Mike E can you relate your analogy (horse - water - sugar cubes) to the I-864, divorce, fraud etc? I am having a hard time connecting the dots here.  

Horse to water: convincing an alien spouse to naturalize.

 

Feeding a house sugar cubes: paying your alien spouse $500 a month as an employee or contractor for ten years so that the spouse gets 40 SS credits.

51 minutes ago, AJ2019 said:

From what I understand, you don't have to sign any subsequent support forms and you should not feel forced to sign any. Upon divorce, he can obtain a waiver for I-864.

 

Intriguing. Is there a reference for that?

[AJ2019 58]

13 minutes ago, Mike E said:

Horse to water: convincing an alien spouse to naturalize.

 

Feeding a house sugar cubes: paying your alien spouse $500 a month as an employee or contractor for ten years so that the spouse gets 40 SS credits.

Intriguing. Is there a reference for that?

https://s3.amazonaws.com/documents.lexology.com/df192818-fcc2-4538-84cc-dfd620b67612.pdf?AWSAccessKeyId=AKIAVYILUYJ754JTDY6T&Expires=1625010772&Signature=OuxVL1bJomBsUjfGV4ttvJEbsnQ%3D

[Villanelle 4,122]

51 minutes ago, Mike E said:

So this is fascinating. Is there a reference to that?

 

One thing I find interesting  is that is two spouses are married to each other for ten years, and one spouse has 40 credits, the other spouse can claim benefits at the rate of 50% of the working spouses's SS benefits. Even if they get divorced. It always seemed wrong to me that USCIS doesn't count that toward releasing the primary sponsor.

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1183a&num=0&edition=prelim

 

Its all in the link above. I dont think you need me to pull the specific sections. They also do not count Qs in which you got a means tested benefit hence the official wording of 40 qualifying quarters (something else for the OP to consider overall). There is no centralized 864 system to see if the 864 is in effect or not. I know theres been talk of some kind of system being implemented but so far its all talk. Right now its kind of a backwards system where when you apply for benefits the agency issuing them needs to determine if you have an 864 in effect or not. Its part of the overall application process for the benefit and can be a simple yes or no question on the application or they can ask for proof of such in which you would need SS statements to show you can be credited with 40 qualifying quarters. The link above explains what makes a Q qualify. 

[Villanelle 4,122]

1 hour ago, AJ2019 said:

From what I understand, you don't have to sign any subsequent support forms and you should not feel forced to sign any. Upon divorce, he can obtain a waiver for I-864.

 

When you signed the I-864, you agreed that the beneficiary will not be a "public charge" (i.e., not take public benefits, etc.). In the event, the beneficiary does, the gov't can sue and come after the petitioner for the amount of public benefits he has taken. However, this seems extremely rare, unless he's unemployed, etc. and has to take food stamps for example. 

 

1 hour ago, Mike E said:

 

Intriguing. Is there a reference for that?

I believe AJ2019 has a typo and it should say waiver for 751. 

 

The 864 can be enforced 2 ways. By the gov to recoup federal means tested benefits or by the immigrant suing for support - which when granted means the sponsor paying the immigrant apx 1k/month as long as the 864 is in effect. Not all welfare benefits are federal means tested.  

https://www.visajourney.com/forums/topic/417935-getting-sued-using-i864/

https://www.visajourney.com/forums/topic/665981-getting-sued-using-i864-part-2/#comments