Loaded question about I-134

[minme 0]

Brief history:

I-129F was just approved yesterday and I have been getting ready to send my fiancee the package that she needs for the interview.

I just graduated from college last year, and only started working at the end of December - my income was less than the minimum. My review is coming up shortly, at which point I expect to be employed full time.

I asked my mom to be a cosponsor, but after looking at the I-134, and asking friends, she said no. Her reason was because: If something happens, like my fiancee gets in an accident, and I or my mom can't afford to pay the medical bill, then our house could be foreclosed.

Question:

1. Is that correct? If something unexpected happens, could the government go after the assets?

2. If she does not list assets on the I-134, and just lists income (which should be enough as she is over $60k), can (1) still happen?

Unfortunately, just having someone post here with an answer of yes or no wouldn't really help. I need to find an answer on a government website that has exact detail regarding the situation. Any primary links would really help.

Thanks

[Bobby+Umit 161]

1. Yes - if the beneficiary uses means tested benefits, the government can come after the sponsor for re-payment (sued for them basically).

(however, the I-134 is not as binding as the I-864, so your mother would be in the clear once you do the AOS (864 by yourself if you have the means).

Going to the hospital is not likely to be considered "means tested", you would just have a bill from them, and all that entails normally, not withstanding the 134/864.

2. No need for assets if income level is sufficient to meet the requirement. Not listing does not "protect" them if your sued, lawyers will go after any assets/income to fulfill the re-payment.

All your answers are here.

[pushbrk 12,898]

Brief history:

I-129F was just approved yesterday and I have been getting ready to send my fiancee the package that she needs for the interview.

I just graduated from college last year, and only started working at the end of December - my income was less than the minimum. My review is coming up shortly, at which point I expect to be employed full time.

I asked my mom to be a cosponsor, but after looking at the I-134, and asking friends, she said no. Her reason was because: If something happens, like my fiancee gets in an accident, and I or my mom can't afford to pay the medical bill, then our house could be foreclosed.

Question:

1. Is that correct? If something unexpected happens, could the government go after the assets?

2. If she does not list assets on the I-134, and just lists income (which should be enough as she is over $60k), can (1) still happen?

Unfortunately, just having someone post here with an answer of yes or no wouldn't really help. I need to find an answer on a government website that has exact detail regarding the situation. Any primary links would really help.

Thanks

1. Partially correct but only as it applies to means tested government benefits (think welfare). Also, the I-134 is not a binding contract. Google "I-134 not binding". It's really just an affidavit used to show the intending immigrant is unlikely to become a public charge.

2. Because the I-134 is not actually binding, this doesn't matter but she need no list assets when income is sufficient.

Once your fiancee here and you're married, you'll need to adjust status. At that time the I-134 is superseded by the I-864 which IS a binding contract with the government. It sounds like by then, you can arrange to qualify on your own.

[minme 0]

Thanks for the quick responses. Could you clarify something for me though - Does the I-134 no longer apply once I apply for or receive the AOS?

[minme 0]

1. Yes - if the beneficiary uses means tested benefits, the government can come after the sponsor for re-payment (sued for them basically).

(however, the I-134 is not as binding as the I-864, so your mother would be in the clear once you do the AOS (864 by yourself if you have the means).

Going to the hospital is not likely to be considered "means tested", you would just have a bill from them, and all that entails normally, not withstanding the 134/864.

2. No need for assets if income level is sufficient to meet the requirement. Not listing does not "protect" them if your sued, lawyers will go after any assets/income to fulfill the re-payment.

All your answers are here.

1. Partially correct but only as it applies to means tested government benefits (think welfare). Also, the I-134 is not a binding contract. Google "I-134 not binding". It's really just an affidavit used to show the intending immigrant is unlikely to become a public charge.

2. Because the I-134 is not actually binding, this doesn't matter but she need no list assets when income is sufficient.

Once your fiancee here and you're married, you'll need to adjust status. At that time the I-134 is superseded by the I-864 which IS a binding contract with the government. It sounds like by then, you can arrange to qualify on your own.

Thanks for the quick responses. Could you clarify something for me though - Does the I-134 no longer apply once I apply for or receive the AOS?

[Bobby+Umit 161]

Thanks for the quick responses. Could you clarify something for me though - Does the I-134 no longer apply once I apply for or receive the AOS?

Once you put down the 864, it will override the 134, as we said, the I-134 is not really "legal binding", unlike the 864.

[Minya's wife 25]

Thanks for the quick responses. Could you clarify something for me though - Does the I-134 no longer apply once I apply for or receive the AOS?

Yes, the I-134 is replaced with the I-864. This is the Affidavit of Support that will need to be included when AOS is applied for. And just to clarify...it is not you that receives AOS...it is your fiancee who by then will be your wife. (AOS = Adjustment of Status, the petition by which an immigrant is granted permanent residency...a Green Card).

Edited March 18, 2010 by Minya's wife

[pushbrk 12,898]

Thanks for the quick responses. Could you clarify something for me though - Does the I-134 no longer apply once I apply for or receive the AOS?

Yes, that's what supersede means.

[minme 0]

Yes, that's what supersede means.

I made "apply" and "receive" bold because I wanted to know at which point it supersedes the 134. I believe the answer is once we apply.

[Minya's wife 25]

I made "apply" and "receive" bold because I wanted to know at which point it supersedes the 134. I believe the answer is once we apply.

Please read the Guides pertaining to Adjustment of Status as that will be your next step in the immigration process once your fiancee arrives and you marry. The link on K1 Tips to AOS may also be helpful as well as the FAQ on this subject. Technically I-134 is superseded by the I-864 at the time AOS is approved. It is then that the I-864 becomes contractually binding. The I-134 is not a contract per se, so the scenario your mother envisions, of the govt. reposessing her house, should your fiancee avail herself to means tested benefits (wellfare), would not happen even if she chooses to sign the I-134.

[Ladylethal 12]

Also, emergency medicaid is not a means tested benefit, so in case of an accident your fiancee would not be making use of welfare so I doubt the scenario your mom described would occur. They're more concerned about your fiance applying for welfare (food stamps, etc) and anything that would equal to government support.

If you think you'll be financially able right after marriage to apply for her AOS and file the I-864 on your own, your mom would only be helping for these few months prior to her AOS being approved. Also, I'm not sure about your fiancee's family condition in Brasil but mine (I'm the foreign fiancee) is very stable financially and have always made it clear that should something happen prior to me having financial stability here, a health plan, etc should I need any help they'd be supporting me, and I'd never use any government help and thus not even worry my father in law and husband due to the affidavit (we were fresh from college so my husband did need his dad to sponsor). I'm very close to citizenship now and we never had any problems at all.

[pushbrk 12,898]

I made "apply" and "receive" bold because I wanted to know at which point it supersedes the 134. I believe the answer is once we apply.

The I-864 supersedes the I-134 on the date LPR status is granted, for certain. I suppose a court could decide it's in effect when submitted though.

Edited March 20, 2010 by pushbrk