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

[AJ2019 58]

14 hours ago, Villanelle said:

 

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

 

 

 

yeah, I missed that part. However, I wonder if someone can use for support if s/he has a job and is making sufficient money to support themselves ...

[HRQX 4,145]

16 hours ago, Mike E said:

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

https://secure.ssa.gov/poms.nsf/lnx/0500502135:

Quote

a QQ is a QQ earned by:

 

• The LAPR alien himself/herself; and/or
• a parent(s) (as defined in SI 00501.010A.2. and verified per SI 00502.140D.2.a., but with no requirement of living in the same household except in holding-out relationships, as defined in SI 00501.152 and developed per SI 00502.145B.3.) in periods in which the alien was under age 18; and /or
• a spouse(s) (as defined in SI 00501.150B.1. and developed per SI 00502.145) during their marriage if the marriage continues or the spouse is deceased.

 

And then the "terminate by operation of law" part of 8 CFR § 213a.2(e)(2)(i):

Quote

The support obligation and the change of address reporting requirement imposed on a sponsor, substitute sponsor and joint sponsor under an affidavit of support, and any household member's support obligation under an affidavit of support attachment, all terminate by operation of law when the sponsored immigrant:

(A) Becomes a citizen of the United States;

(B) Has worked, or can be credited with, 40 qualifying quarters of coverage under title II of the Social Security Act, 42 U.S.C. 401, et seq., provided that the sponsored immigrant is not credited with any quarter beginning after December 31, 1996, during which the sponsored immigrant receives or received any Federal means-tested public benefit;

(C) Ceases to hold the status of an alien lawfully admitted for permanent residence and departs the United States (if the sponsored immigrant has not abandoned permanent resident status, executing the form designated by USCIS for recording such action this provision will apply only if the sponsored immigrant is found in a removal proceeding to have abandoned that status while abroad);

(D) Obtains in a removal proceeding a new grant of adjustment of status as relief from removal (in this case, if the sponsored immigrant is still subject to the affidavit of support requirement under this part, then any individual(s) who signed an affidavit of support or an affidavit of support attachment in relation to the new adjustment application will be subject to the obligations of this part, rather than those who signed an affidavit of support or an affidavit of support attachment in relation to an earlier grant of admission as an immigrant or of adjustment of status); or

(E) Dies.

[VALU 55]

On 6/29/2021 at 12:00 PM, 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. 

If you get full/physical custody, you can file for child support. That money could offset the aos/sponsorship cost and you could make back all the money you spend on him and relationship etc. 

 

Apparently the binding sponsorship is hardly ever enforced so you probably have nothing to monetarily worry about.

[VALU 55]

On 6/29/2021 at 12:08 PM, 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. 

Don't stress it. It is never really enforced. 

 

What public funds can a husband rack up anyway that the government will come after you for a refund? 

[debbiedoo 2,339]

On 6/29/2021 at 12:00 PM, 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. 

whether or not you WANT to be his sponsor, you ARE.

 

10 years.

 

40 quarters

 

citizenship

 

death

 

 

[HRQX 4,145]

29 minutes ago, debbiedoo said:

whether or not you WANT to be his sponsor, you ARE.

 

10 years.

 

40 quarters

 

citizenship

 

death

"10 years" is actually not on the list. I.e. if none of the following occurs then the I-864 would still be in effect no matter how much time has passed. The I-864 obligation only ends when the immigrant:

• Becomes a U.S. citizen;
• Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
• No longer has lawful permanent resident status and has departed the United States;
• Is subject to removal, but applies for and obtains, in remove proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
• Dies

Also: https://www.uscis.gov/sites/default/files/document/forms/i-864.pdf Page 7

Quote

NOTE: Divorce does not terminate your obligations under Form I-864.

 

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.

 

[HappyAndIKnowIt 24]

I read somewhere that the immigrant's right to sue is essentially a property right, which can be eliminated in divorce - check with divorce attorney about that.