Sponsor and co-sponsor obligation

K

karl.g

New Member
Hi

I have a few question about this topic.

Scenario: wife sponsored husband and child to US but income was not sufficient, so she got a co-sponsor(husbands relatives)and succesfully got both family member petitioned. Once in the US, the wife(LPR) wants to divorce husband who yet got a stable job after 2 months of US stay. Support is not sufficient but the husband survives with his 10$Hr job and staying on the same house(for now). The wife wants to kick him out asap. Question

1. Can the husband sue or ask support from wife without doing the same with the co-sponsor since the co-sponsor indirectly and directly still supports the husband?

2. What steps should he do?

3. What other legal means can he do?

Thanks
 
The husband can sue the wife or co-sponsor for support if his income is less than 125% of the federal poverty guideline, which varies according to the number of children in his household (and is higher for Alaska and Hawaii). A single childless man making $10/hr full time would be over the 125% limit and therefore could not sue. However, the husband could in theory quit his job and then sue.

The husband can sue the wife, the co-sponsor, both, or neither.

If the husband receives any government benefits (food stamps, welfare, disability), the government can (and most likely will) sue both the wife and the co-sponsor for repayment of those benefits, plus attorney fees and court costs.
 
What if the husband gets government benefits while the co-sponsor also helping and doing there part? Would the co-sponsor still get sued by the government or just the wife who abandond her obligation?
 
karl.g said:
What if the husband gets government benefits while the co-sponsor also helping and doing there part? Would the co-sponsor still get sued by the government or just the wife who abandond her obligation?
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The sponsors don't have separate "parts" of responsibility. The sponsors are jointly responsible for making sure the immigrant has income reaching 125% poverty level. Either the immigrant has income reaching 125% poverty level, in which case they would not qualify for need-based public assistance, or the immigrant does not have income reaching 125% poverty level, in which case no sponsor is "doing their part".
 
Ow that clear things up. But another question.

Since the wife wants to divorce the husband, she wants her to leave the house. The co-sponsor offered to let him stay with them and support him since he doesnt have his own place yet. He needs to quit his present job and relocate state.

Would the co-sponsor offerring their place and supporting him while he gets a new job enough to convince the government that they are doing their part of the contract? I dont see anything else they can do from their part.
 
karl.g said:
Ow that clear things up. But another question.

Since the wife wants to divorce the husband, she wants her to leave the house. The co-sponsor offered to let him stay with them and support him since he doesnt have his own place yet. He needs to quit his present job and relocate state.

Would the co-sponsor offerring their place and supporting him while he gets a new job enough to convince the government that they are doing their part of the contract? I dont see anything else they can do from their part.
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The government doesn't care what they're doing, as long as the immigrant doesn't get need-based public assistance.
 
karl.g said:
But can he sue the wife separately for abandoning her obligation? If so, on what ground?
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Yes, because the wife signed the Affidavit of Support. But you rarely see immigrants suing the sponsor because you have to do it in federal court which is expensive. Plus it's kinda wrong to do it because it's like punishing someone who did you a favor (by doing the Affidavit of Support).
 
I agree. Can the husband sign an affidavit declaring that the co-sponsor no longer liable to any support?

I undestand you said that the government doest care what role they did. But on this case, the co-sponsor paid for several things in order for the husband to get to the states. Processing fee, plane ticket, lawyer who handle the whole petition etc. Thats why he wants to spare the co-sponsor from any fine or lawsuit from the government or if ever he files a lawsuit.
 
The agreement of support is a legal agreement between the government and the sponsors/co-sponsors. The husband cannot waive the agreement. But the husband can just avoid accepting public assistance to keep the government out of it.
 
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