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I-864 enforcement against sponsor - Ingo

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I-864 enforcement against sponsor - Ingo

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Old Jul 30th 2002, 4:20 am
  #1  
Ken
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Default I-864 enforcement against sponsor - Ingo

Please Help!

Ingo:

Your information seems to be more accurate than most attorneys. You helped me with
questions back in 1998 when applying for AOS, my happier days. I progressed from AOS
through long lines and finally divorce. I now face a bigger problem with the I-864
sponsor responsibilities. Sometimes love is blind and I find myself in a very
difficult situation.

I was recently told the INS was not currently enforcing the provisions of the I-864
against the sponsor, in my case the divorced husband of an

immigrant. Last night an attorney on a chat channel mentioned the INS would be hiring
new employees and felt the INS may enforce the provisions of I-864 against sponsors.
I would appreciate a reply from Ingo or anyone else having information relating to
the I-864 and garnishment of wages, pensions etc. My only income is from a disability

pension which is of particular interest to me.

My former wife is attempting to get pregnant and apply for welfare benefits in
California. In her words she can earn more from welfare than working, which is
probably true. At any rate her life will be far better than her home country. I would
suggest anyone signing the I-864 as sponsor read before signing.

Your marriage and sponsorship of an immigrant can be a dream come true or a nightmare
in my case. I understand and accept that many immigrant marriages are successful, but
not all. Stupid me, "I still miss my wife"


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Old Jul 30th 2002, 7:20 pm
  #2  
Ingo Pakleppa
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Default Re: I-864 enforcement against sponsor - Ingo

On Tue, 30 Jul 2002 07:51:43 -0700, Ken wrote:

    > Please Help!
    >
    > Ingo:
    >
    > Your information seems to be more accurate than most attorneys. You helped me with
    > questions back in 1998 when applying for AOS, my happier days. I progressed from
    > AOS through long lines and finally divorce. I now face a bigger problem with the
    > I-864 sponsor responsibilities. Sometimes love is blind and I find myself in a very
    > difficult situation.

I am sorry to hear that. Please do not trust anything I say here too much
- even if I had a phenomenal accuracy of 80%, whatever I say may still be among the
20% rate (quite frankly, I think that if I was that accurate in the first place, it
would be because the same questions keep coming up, not because I'm particularly
well-informed). That said, many attorneys also don't do immigration law
exclusively, or for other reasons aren't completely experts - but at least if you
ask two or three good ones, you will be able to get a fairly reliable answer.

    > I was recently told the INS was not currently enforcing the provisions of the I-864
    > against the sponsor, in my case the divorced husband of an immigrant. Last night an
    > attorney on a chat channel mentioned the INS would be hiring new employees and felt
    > the INS may enforce the provisions of I-864 against sponsors. I would appreciate a
    > reply from Ingo or anyone else having information relating to the I-864 and
    > garnishment of wages, pensions etc. My only income is from a disability pension
    > which is of particular interest to me.

My guess is that it's true the INS won't enforce it, and they probably won't in the
future, either. They just are way too busy with other things. On the other hand, this
is a contract between you and not just the INS, but any government agency could
theoretically enforce it. In practice, state agencies won't know the law, so it will
continue to go unenforced. On the other hand, remember that the damage will be
relatively limited because thanks to welfare reform and the 1996 immigration law
changes, she probably won't be eligible for welfare in the first place (not until she
has worked in the US for seven years, or became a US citizen), meaning that you
probably will be off the hook, too.

    > My former wife is attempting to get pregnant and apply for welfare benefits in
    > California. In her words she can earn more from welfare than working, which is
    > probably true.

Except that as a permanent resident, she is probably ineligible for most
welfare benefits.

    > At any rate her life will be far better than her home country. I would suggest
    > anyone signing the I-864 as sponsor read before signing.

Absolutely. That is true not only for I-864, but for pretty much any legal document!

    > Your marriage and sponsorship of an immigrant can be a dream come true or a
    > nightmare in my case. I understand and accept that many immigrant marriages are
    > successful, but not all. Stupid me, "I still miss my wife"
 

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