I-864 Affadavit of Support

[Ahmed N Cheryl 0]

WOW! that is a huge obligation. I Love my SO but if he divorces me once he is here I do no think it is fair I would have to continue to support him at the 125 percent poverty level for his household size. Especially is he runs off with someone else. Not that I think that will ever happen......but WOW! definitely means you need to read what you sign.

How Long Does My Obligation as a Sponsor Continue?

Sponsor's Contract.

If you sign a Form I-864 on behalf of any person (called the "intending immigrant") who is applying for an immigrantvisa or for adjustment of status to a permanent resident, and that intending immigrant submits the Form I-864 to the U.S.Government with his or her application for an immigrant visa or adjustment of status, under section 213A of the Immigration and Nationality Act these actions create a contract between you and the U. S. Government. The intending immigrant's becoming a permanent resident is the "consideration" for the contract.

Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as an alien likely to become a public charge, the U.S. Government can consider your income and assets to be available for the support of the intending immigrant.

What is the Legal Effect of My Signing a Form I-864?

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to be available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits andalso for State or local means-tested public benefits, if the State or local government's rules provide for consideration("deeming”) of your income and assets as available to the person.

What If I choose Not to Sign a Form I-864?

You cannot be made to sign a Form 1-864 if you do not want to do so. But if you do not sign the Form I-864, theintending immigrant may not be able to become a permanent resident in the United States.

What Does Signing the Form I-864 Require Me to do?

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under the Form I-864 terminate, you must:

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)

Notify USCIS of any change in your address, within 30 days of the change, by filing Form I-865.

What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person who becomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.

What Other Consequences Are There?

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees.

If you do not file a properly completed Form I-865 within 30 days of any change of address, USCIS may impose a civil fine for your failing to do so.

When Will These Obligations End?

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 thatyou signed:

Becomes a U.S. citizen;

No longer has lawful permanent resident status, and has departed the United States;

Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status,based on a new affidavit of support, if one is required; or

Dies.

(Your obligations under a Form I-864 also end if you die. Therefore, if you die, your Estate will not be required to takeresponsibility for the person's support after your death. Your Estate may, however, be responsible for any support thatyou owed before you died.

Note that divorce does not terminate your obligations under this Form I-864.

I have read and I understand each of the obligations described in Part 8, and I agree, freely and without anymental reservation or purpose of evasion, to accept each of those obligations in order to make it possible for theimmigrants indicated in Part 3 to become permanent residents of the United States;

I agree to submit to the personal jurisdiction of any Federal or State court that has subject matter jurisdiction of a lawsuit against me to enforce my obligations under this Form I-864;

[Maipu 0]

I hear ya girl!!

I was like,,,,,heck no! lol

Lifes a risk!

Mely

[Ahmed N Cheryl 0]

I love Ahmed and truly believe we are destiny....but lets not close our eyes to reality.....many women and men alike have thought the same thing to find out after the green card arrives their true love was playing games all along.

I even read a few posts on here about it.

And if they never get a job and meet the 40 quarters of work requirement (which takes approximately 10 years) you can end up supporting them for life. If I read it right.....you also have to support them and their new household size. SO it means if they leave and shack up with a new interest you have to support them with enough money to meet the 125 percent for a household of 2?????

I wonder how many people have actually been forced to support an immigrant after they parted ways.....ANYONE out there?

Would a prenupital agreement relieve you of this obligation in the event of a divorce?

Overwhelmed after reading the I-864.

Cheryl

[Jesse and Hema 2]

A couple points on the more-optimistic side of the coin, from a complete non-expert:

• There's only a risk involved in case of divorce (and a PR intentionally abusing the I-864 contract)
• I'm guessing it wouldn't be easy for the PR to sue the sponsor, given that they've probably denied the sponsor's offers for providing a place of residence (again, I'm not an expert. Maybe someone who is can tell me how true this is).
• The PR wouldn't be able to easily acquire means-tested public benefits.

[tom_g 3]

There have been a couple of cases where the immigrant has sued the USC for a living. The details are around on the internet somewhere. There are a fair few cases documented on here about what happens when a relationship breaks down and there's an I864 in the works.

But thats just one of those risks you take in life, "nothing ventured nothing gained" - i think someone might have said that once...

bottom line is that its all about trust. You can't know whether its all going to turn out okay in the end, you've just got to trust.

as an aside, imagine how hard it is to convince a monster of a mother-in-law to be a co-sponsor? hehe

[Jesse and Hema 2]

as an aside, imagine how hard it is to convince a monster of a mother-in-law to be a co-sponsor? hehe

True enough... In most cases, though, I think the sponsor is just ignorant to their responsibilities when they sign.

[Jesse and Hema 2]

I suppose if anyone's really worried by this, maybe they could:

• Wait until there's full trust present before getting married
• Have the immigrant sign an affidavit saying they will abandon status and deem the I-864 nullified in case of divorce

(again, non-expert here.. I just trust my sweetie and am sure it will all work out awesomely) Edited March 1, 2008 by Jesse G

[malego77 2]

I think that you really need trust on your SO! But, after I read that contract, I was thinking to my-self If I were you I won't sign that affidavit (our co-sponsor was my brother-in-law -my sister's husband-) by no means that I'm planing to take advantage of the circumstances, before, rather I want to avoid that the co-sponsor is having this commitment with the government so long

[Ahmed & Sue 0]

I think the length of time is 3 years you are responsible for support as a petitioner. I don't think anywhere in there does it say you will be responsible for anyone else they might engage with once divoriced from you. The federal government is already overwhelmed with poverty cases requiring support. Could you imagine if there was no sponsorship?

All I can say is I would certainly hope that if someone was willing to go through the process of coming in solely for a green card, they will work and take care of themselves.

Make sure you know your soulmate.

Sue

[Ahmed & Sue 0]

Well, I stand corrected. I just read the post you made. You are right about being responsible for the household size. And I was wrong about the 3 year sponsorship requirement. So, just sign on the dotted line, and live in harmony and all is happily ever after............

Makes you think twice, doesn't it?

Sue

[Sibtain 1]

WOW! that is a huge obligation. I Love my SO but if he divorces me once he is here I do no think it is fair I would have to continue to support him at the 125 percent poverty level for his household size. Especially is he runs off with someone else. Not that I think that will ever happen......but WOW! definitely means you need to read what you sign.

<b>How Long Does My Obligation as a Sponsor Continue?</b>

<b>Sponsor's Contract.</b>

If you sign a Form I-864 on behalf of any person (called the "intending immigrant") who is applying for an immigrantvisa or for adjustment of status to a permanent resident, and that intending immigrant submits the Form I-864 to the U.S.Government with his or her application for an immigrant visa or adjustment of status, under section 213A of the Immigration and Nationality Act these actions create a contract between you and the U. S. Government. The intending immigrant's becoming a permanent resident is the "consideration" for the contract.

Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as an alien likely to become a public charge, the U.S. Government can consider your income and assets to be available for the support of the intending immigrant.

<b>What is the Legal Effect of My Signing a Form I-864?</b>

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed,then until your obligations under the Form I-864 terminate, your income and assets may be considered ("deemed") to be available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits andalso for State or local means-tested public benefits, if the State or local government's rules provide for consideration("deeming) of your income and assets as available to the person.

<b>What If I choose Not to Sign a Form I-864?</b>

You cannot be made to sign a Form 1-864 if you do not want to do so. But if you do not sign the Form I-864, theintending immigrant may not be able to become a permanent resident in the United States.

<b>What Does Signing the Form I-864 Require Me to do?</b>

<b>If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under the Form I-864 terminate, you must:</b>

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines <b>for his or her household size </b>(100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)

Notify USCIS of any change in your address, within 30 days of the change, by filing Form I-865.

<b>What If I Do Not Fulfill My Obligations?</b>

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

If a Federal, State or local agency, or a private agency provides any covered means-tested public benefit to the person who becomes a permanent resident based on the Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.

<b>What Other Consequences Are There?</b>

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees.

If you do not file a properly completed Form I-865 within 30 days of any change of address, USCIS may impose a civil fine for your failing to do so.

<b>When Will These Obligations End?</b>

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 thatyou signed:

Becomes a U.S. citizen;

No longer has lawful permanent resident status, and has departed the United States;

Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status,based on a new affidavit of support, if one is required; or

Dies.

(Your obligations under a Form I-864 also end if you die. Therefore, if you die, your Estate will not be required to takeresponsibility for the person's support after your death. Your Estate may, however, be responsible for any support thatyou owed before you died.

<!--sizeo:5--><span style="font-size:18pt;line-height:100%"><!--/sizeo--><b>Note that divorce does not terminate your obligations under this Form I-864.</b><!--sizec--></span><!--/sizec-->

I have read and I understand each of the obligations described in Part 8, and I agree, freely and without anymental reservation or purpose of evasion, to accept each of those obligations in order to make it possible for theimmigrants indicated in Part 3 to become permanent residents of the United States;

I agree to submit to the personal jurisdiction of any Federal or State court that has subject matter jurisdiction of a lawsuit against me to enforce my obligations under this Form I-864;

Hello!

I have read all the info regarding I 864.Will it also apply on I 864A?I want you to please refer the govt. link regarding these info.

Post the link in which i can see these info in more details.

Thanks

Edited May 28, 2010 by Sibtain