Originally posted by J White
> My wife and I are US
citizens sponsoring her daughter's husband's
> immigration process
from Sweden. They have retained an immigration lawyer
> and we, as
sponsors, have filled out our portion of the forms, but we have
> some
concerns:
> 1) If she ever needs government assistance for higher
education, food stamps
> etc. that she won't qualify because we are
sponsoring her husband with both
> of our incomes.
> 2) What happens
to us if they divorce before their 10 year commitment to the
sponsorship has ended; does that our commitment has ended as well?
> 3)
If they do divorce, does he have to return to Sweden?
Have
you carefully read the I-864? The 2nd para lays out the terms of your
obligation:
"A sponsor's obligation continues until the sponsored
immigrant
becomes a U.S. citizen,
can be credited with 40 qualifying
quarters of work,
departs the United States permanently,
or dies.
Divorce does not terminate the obligation. By signing this form, you,
the sponsor, agree to support the intending immigrant and any spouse
and/or children immigrating with him or her and to reimburse any
government agency or private entity that provides these sponsored
immigrants with Federal, State, or local means-tested public benefits."
Many ppl make the mistake of "10 year" because that is the length of
40 working quarters. I'm sure you'll agree that turning in 40 quarters
of work is different than simply allowing 10 years to pass.
Also stay
clear that you are the secondary sponsors; your daughter will always be
the primary sponsor and she will be first in line to reimburse any
*means tested* benefits he receives. Welfare and Medicare are the top 2
means tested benes. Higher Ed financing is not, don't recall off the
top if food stamps are.
If they divorce, he does not necessarily have
to leave the US. Yes, potentially, they could be divorced and your
daughter and then yourself are still responsible under the contract.
FWIW, my parents completed a co-sponsor doc for my husband, My
rationale to them included:
First, I would need to be in a postition to
need means-tested assistance. Knowing that this was unlikely for me,
and should it ever happen I would likely first go to family for help,
this seems a fair risk (in our family). Additionally, if it came to
this for my family, *I* would take the benes rather than my husband.
Second, they are second in line for repayment. See above. We would
handle financial hardship w/in our family before getting benes, but
that's us.
The length of the contract and the spectre of divorce become
items of faith. 2 years into our marriage and learning what I've
learned, I think they took a huge risk *based on what they knew then*.
I can not see divorce in this relationship's future and am satisfied
with my husband's desire to naturalize at his earliest opportunity
(lifting the obligation of the I-864).
There were a couple of parent
posts in the past year or so at the marriage-based visa group. One
fellow even had his lawyer check it out. I will look up the link for
you later.
best!