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  • Co-sponsorship

    Hello everyone!

    My husband didn't meet the set poverty guidelines, so we asked for help from his parents. We asked them if they could be our co-sponsor and they said okay. I did everything like taking the medical exam and all that. Everything was fine, until my lawyer sent the i864 to them and later they told us that they can't longer proceed because of the possible lawsuits and risks which I really don't understand. At the first place, i am the one who needs help so there is no way that I am going to bite the finger of the people who feeds me. I don't have welfare or food stamps or anything like that. So, i just don't get it. Is there anyone who can explain things better based off their experiences especially those who has a co-sponsor? I am really discouraged about myself right now. I don't know what to do. Life has to be complicated, i mean, it has to be.

  • #2
    they don't want to pay for your use of public funds for 10 years, which is a hard sell for a lot of people.

    do you not work? you could add that to the family income
    Anything I post is personal opinion or information from personal experience. This is not legal advice.

    Mailed Application N400 - 11/14/2017
    Interview N400 - 6/07/2018
    Oath - 8/30/2018

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    • #3
      Originally posted by qwertyhelp View Post
      Hello everyone!

      My husband didn't meet the set poverty guidelines, so we asked for help from his parents. We asked them if they could be our co-sponsor and they said okay. I did everything like taking the medical exam and all that. Everything was fine, until my lawyer sent the i864 to them and later they told us that they can't longer proceed because of the possible lawsuits and risks which I really don't understand. At the first place, i am the one who needs help so there is no way that I am going to bite the finger of the people who feeds me. I don't have welfare or food stamps or anything like that. So, i just don't get it. Is there anyone who can explain things better based off their experiences especially those who has a co-sponsor? I am really discouraged about myself right now. I don't know what to do. Life has to be complicated, i mean, it has to be.
      My mother in law had the same issue. When asked to be my joint sponsor, she went to ask some lawyer and the lawyer told her all the worst case senarios that could happen if she became my co-sponsor. Like if I got in a bad accident, and somebody sue me they could also sue her and she could possibly lose everything lol etc...So she was hesitating, and I was getting ready to have my parents send me a bunch of money overseas so I could provide proof of assets....
      But brother in law asked another immigration lawyer and they said getting a co-sponsor is extremely common in immigration, and those things are very unlikely to happen, also my husband had a talk with his mom saying how much he loved me and how much he wanted me to stay, and mother-in-law finally agreed and sent in all the documents.

      So I'm guessing have the lawyer talk to them explain to them the possibilities of having any lawsuits are very very low and have your husband convince his parents that they should put your interest first because you guys are IN LOVE!
      PD - 3/2/2018
      Biometrics - sometime in April
      RFIE - 7/3
      Response to RFE received - 7/16
      Case ready to be scheduled for interview - 8/14
      EAD is being produced - 9/4
      Combo card in hand - 9/11
      Interview is scheduled - 1/18/2019
      Interview - 2/26/2019

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      • #4
        Originally posted by AngelaPhelan View Post
        Like if I got in a bad accident, and somebody sue me they could also sue her and she could possibly lose everything lol etc...
        Some of that information is incorrect. A sponsor is not financially liable for your financial liabilities or bills or debts. Even if you were responsible for the worst accident and owe millions of dollars, it would not affect her. The only people who can sue the sponsor on the basis of the Affidavit of Support are 1) you, the immigrant, if she is not providing the support, or 2) the government for reimbursement if you use means-tested public benefits.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Are they supportive and approve of your marriage? Why did your husband choose them, he already read the i864 himself and knows what the risks/challenges are.
          Truly, its not something to be taken lightly no lie and if they are not comfortable doing it may need to seek someone else who can. As mentioned the nightmare scenarios are tough to play out...that said you sling together some real bad debt, then say you need assitiance (since all income goes to debt service) and sue your sponsors...far fetch plans but this why people are scared.

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          • #6
            Originally posted by cali2018 View Post
            Are they supportive and approve of your marriage? Why did your husband choose them, he already read the i864 himself and knows what the risks/challenges are.
            Truly, its not something to be taken lightly no lie and if they are not comfortable doing it may need to seek someone else who can. As mentioned the nightmare scenarios are tough to play out...that said you sling together some real bad debt, then say you need assitiance (since all income goes to debt service) and sue your sponsors...far fetch plans but this why people are scared.
            Yes, they knew about the marriage. Actually it's a same sex marriage. What makes me sad is that I already did the medical exam, and have all the paperworks ready. I sent them i864, and my in-law initially filled out the form. I went to the lawyer and have it check and my lawyer sent the go signal to submit all my in law's tax etc. etc. etc.... My in laws sent their taxes to my lawyer. When my lawyer finally asking my in-law to sign the paper, that's the time he said that he's scared of getting sued and said they will not continue the process.

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            • #7
              Originally posted by newacct View Post
              Some of that information is incorrect. A sponsor is not financially liable for your financial liabilities or bills or debts. Even if you were responsible for the worst accident and owe millions of dollars, it would not affect her. The only people who can sue the sponsor on the basis of the Affidavit of Support are 1) you, the immigrant, if she is not providing the support, or 2) the government for reimbursement if you use means-tested public benefits.
              yeah, they're afraid that the retirement that they have might gone if ever someone sue them.

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              • #8
                Very sorry to hear your situation, truly that is rather child-ish by someone to give all their information before actually making a decision to do something. The I-864 clearly states what is needed and why. This is only a situation your spouse can solve.

                That all said, hope is not lost as you have now gone through the process and lawyer has everything prepared. You just need to see if can find another co-sponsor or pass the I-864 another way. As well going through the process you see that even paying a lawyer is not truly needed if its a rather simple marriage case.

                Again, if they cared to research online they would see the only person that could "sue" them from an I-864 is the federal government and yourself. Hence your spouse only one to solve this situation.

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                • #9
                  It sounds like the sponsor does not quite understand the implications of the I-864. The sponsor becomes responsible to support the intending immigrant UP TO the 125% of the poverty line. Beyond that line, the sponsor is off the hook. And of course, if the intending immigrant receives means tested federal benefits, then the sponsor would be responsible for that.

                  Maybe OP can draft a contract/document stating they won't engage in this or that - to reassure the sponsor.

                  If nothing else, you can both sign up for uber or lyft and start generating that "current income". There is nothing wrong with that. Or work any job. If you don't have the EAD yet, then secure a job offer and expedite.

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                  • #10
                    Originally posted by cali2018 View Post
                    Very sorry to hear your situation, truly that is rather child-ish by someone to give all their information before actually making a decision to do something. The I-864 clearly states what is needed and why. This is only a situation your spouse can solve.

                    That all said, hope is not lost as you have now gone through the process and lawyer has everything prepared. You just need to see if can find another co-sponsor or pass the I-864 another way. As well going through the process you see that even paying a lawyer is not truly needed if its a rather simple marriage case.

                    Again, if they cared to research online they would see the only person that could "sue" them from an I-864 is the federal government and yourself. Hence your spouse only one to solve this situation.
                    Thank you. :-) What will happen if (knock on wood) someone sue me for something and i don?t have enough money to pay for it. what will be my best option. Because roughly, that is the main question they want to ask. They dont want anything to do with that if something like getting sue happen to me.

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                    • #11
                      If truly care to research online, I looked into the i-864 in depth before since wanted to see what exactly it was for. There has been so few cases where an immigrant has sued a sponsor, and as mentioned its capped at 125% of poverty line, so the awards has been pretty low basically you would need to prove you cannot work at all or support yourself and still push to the 125% level.

                      As for a document to override the i-864, does not exist even in VAWA scam scenarios the i-864 is impossible to withdraw after the interview is adjudicated. The only thing that can do as mentioned is the i-864 scenarios or revoking of an LPR. Also no way to avoid someone going on government assistance if they qualify for it. This cannot be neogoitated even in divorce settlement. Truly the i-864 is simply a document to protect the US government`s bum. Even in that rare case the US government is not exactly on top of suing every sponsor.

                      So again anyone who does half decent research learns all this and it comes back to trust.

                      Again to be clear an i-864 is a contract between a sponsor and US government.

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