Other Immigration Law Joint sponsor that's been had

[texas_blu]

I'd gave my brother my joint sponsorship for his wife so that she could come to the USA. She seemed like such a sweet and wonderful girl back then! But have recently found out that she's been working as a Manicurist without a license, paid for some schooling for that license BUT has never been to a single class, taken her written test from the state licensing board with falsified documents and claiming to live in another place, and has been coercing with other Vietnamese to accomplish this.

She's got him terrified that she'll take their daughter from him and divorce him if he says or does anything to stop her. She says that because he and I signed sponsorship papers that we'll have to reimburse the US Government for any support she'll get and there's nothing that we can do about it until 10 years from the date of her entry has passed. He's a christian man that also has some professional licenses and has never taken any short-cuts legally. And his love for his daughter leaves at the mercy of this little terrorist!

What can we do?

Keep in mind that this is just the tip of the iceberg so-to-speak and that I've chosen to concentrate on the more legal aspects more readily apparent.

 

[Proserpina]

It's not 10 years you're on the hook for - it is potentially for the rest of her life.

The support obligation under the I-864 does not end until one of these four things occurs:

She naturalizes;
Earns 40 SS qualifying quarters (works for roughly 10 years);
Dies;
Leaves the country permanently (abandons her residency).


She could, feasibly, quit working and use the I-864 to sue both of you for support up to 125% of the Federal Poverty Level...permanently. That amount would not include child support - that would be separate.

Because of this fact alone your brother REALLY needs to speak to a divorce attorney.

With regards to the licensing/falsification of documents, that may be an ace in your brother's hand, but there's a good chance she'd get a slap on the wrist and her residency would not be affected at all.

Get him to an attorney ASAP.

 

[texas_blu]

With regards to the licensing/falsification of documents, that may be an ace in your brother's hand, but there's a good chance she'd get a slap on the wrist and her residency would not be affected at all.

But couldn't we appeal to the USCIS (I guess) to adjust our sponsorship liability due to a preponderance of evidence of her felonious and fraudulent activities?

A divorce isn't going to release us from any of these responsibilities, is it?

 

[texas_blu]

Because of this fact alone your brother REALLY needs to speak to a divorce attorney.

Get him to an attorney ASAP.

He is in touch with a Civil Action Attorney (divorce) but he has no experience with Immigration Law and had previously thought that her actions were a deportation offense but our research has found it's not. This WAS part of the strategy in the to-be-pending case.

His attempts to involve an Immigration Attorney has resulted in a response of "we work to get people into the country, not out" so haven't been able to get any legal advice only rejections and non-involvement.

So, I'd like to thank you for your replies as this is the first of ANY response to our situation. And I would like to encourage you to go more in-depth and/or refer others to lead us through this information void that we're experiencing.

 

[Proserpina]

But couldn't we appeal to the USCIS (I guess) to adjust our sponsorship liability due to a preponderance of evidence of her felonious and fraudulent activities?

A divorce isn't going to release us from any of these responsibilities, is it?

She has not been convicted of anything - and in order to be deported, she would need a conviction of felony-level activity.

Divorce does not negate the obligation, I'm afraid.

With regards to deportable crimes, if you haven't seen this already you can take a look.

http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html

 

[texas_blu]

She has not been convicted of anything - and in order to be deported, she would need a conviction of felony-level activity.

She hasn't been convicted of anything yet! We're working with a PI and compiling info to present it to the proper authority(s) at a later date so... Couldn't we appeal to the USCIS (I guess) to adjust our sponsorship liability due to a preponderance of evidence of her felonious and fraudulent activities?

BTW, that link that you provided is VERY useful. Thank you, thank you, thank you!

 

[Proserpina]

A preponderance of evidence isn't going to convince USCIS that she's done anything wrong, and they won't investigate unless there is a conviction.

I do feel for you - it sounds as if you've all been duped by a professional. Not good. I'm also concerned that even if charges are pressed and this goes to trial, that she'll plea down to a non-felony charge which would make the issue moot once more.

You'd still both be on the hook.

(You're very welcome, btw )