I-134 Public Charge Info

[Valhalla 0]

Hello everyone.

My husband and I have already gone through this entire process and now his sister is starting it as well (coming from the UK to marry her American fiance). She's at the state where she's getting forms and medicals before her interview in London and she asked us to fill an I-134 Affidavit of Support out for her. Now I know the form is basically a contract that if she becomes a public charge that the government can sue us for the cost given to her for assistance. My question is, what if her fiance is already a public charge? I'm not certain that he is yet but I want to know what happens? Does she automatically become one as well when they get married? Does the public assistance just stay on him? I'm leery of sending this form to her before I know their entire situation and what it means for us.

Thank you for any help and information you can give!

[FrancElsie 6]

Hello everyone.

My husband and I have already gone through this entire process and now his sister is starting it as well (coming from the UK to marry her American fiance). She's at the state where she's getting forms and medicals before her interview in London and she asked us to fill an I-134 Affidavit of Support out for her. Now I know the form is basically a contract that if she becomes a public charge that the government can sue us for the cost given to her for assistance. My question is, what if her fiance is already a public charge? I'm not certain that he is yet but I want to know what happens? Does she automatically become one as well when they get married? Does the public assistance just stay on him? I'm leery of sending this form to her before I know their entire situation and what it means for us.

Thank you for any help and information you can give!

IF the petitioner is already a public charge, there is really little point in filing anything or getting anything started because it is highly unlikely (read impossible) that the US Gov't would approve this visa petition. Why? The US Government would already be providing assistance to the USC...why would they want to approve a visa for the fiancee' and have TWO people on public assistance. Basically, by signing the form you are guaranteeing that YOU will take her place and allow the US Government to sue YOU instead. You are correct to be VERY AFRAID to send this form to her. Good Luck

[Valhalla 0]

Thank you very much for that, you confirmed my suspicions.

[SunDrop 59]

IF the petitioner is already a public charge, there is really little point in filing anything or getting anything started because it is highly unlikely (read impossible) that the US Gov't would approve this visa petition. Why? The US Government would already be providing assistance to the USC...why would they want to approve a visa for the fiancee' and have TWO people on public assistance. Basically, by signing the form you are guaranteeing that YOU will take her place and allow the US Government to sue YOU instead. You are correct to be VERY AFRAID to send this form to her. Good Luck

This is completely inaccurate. For starters, the petition is a separate process to the visa application. As long as they are both legally free to marry and have met in person at least once during the past 2 years and can evidence this, the likelihood is very high that the petition would be approved.

London concerns itself mainly with ensuring that there is adequate financial provision for the beneficiary. It's the London consulate that determines that the sister qualifies for a visa, on the basis of her visa application and supporting documentation.

Your husband's sister's USC fiance would have to act as the primary sponsor. He would complete the I-134 with details of his qualifying income, and if falls short of the 125% of the poverty line for him, the sister and any dependents either of them may have, then you can act as co-sponsor.

Although he may qualify for public assistance, and have sources of income that cannot be counted as income for the purpose of meeting criteria (student loans and financial aid for example) she wouldn't qualify, even as his spouse. It's actually nigh on impossible to get public assistance if you don't qualify but are a Legal Permanent Resident. They are required to check your status before making an award and there are plenty of anecdotal cases here where the USC spouse qualifies where the foreign LPR doesn't.

I can understand wanting to know that she's not going to end up knocking on your door, starving, unless this is help that you don't mind giving. It doesn't sound like you know much about the details of his income/ their situation. Could it be that he's very close to the 125% but slightly short and they want to ensure that they have a co-sponsor as a safety net to make sure her visa is approved? Maybe he has income from non-qualifying sources that she would benefit from in a round about way (a scholarship that contributes towards cost of living/ rent for example). How about savings to cover the additional costs of living until they adjust her status and she gets her EAD (employment authorisation document).

There are people here who are strong advocates of only having the petitioner act as sponsor. There are others, like myself, who will need a co-sponsor because the petitioner isn't currently earning a high enough income to qualify, and for whom, as a couple, not all sources of income can be considered.

What this boils down to is more about trust. It's very rare to read that a non-qualifying LPR has caused their sponsor to be sued. Furthermore, the I-134 is not an enforceable contract, it's the I-864 that is submitted at the time of adjustment that is legally binding. Is it possible that circumstances could change before they file her AOS and they won't need you to co-sponsor at that point?

I'd talk to them both and see why they feel the need for a co-sponsor. What's the immediate future look like and then decide with your husband whether you as a couple have enough trust and a good enough relationship with his sister to support her and her fiance in what really is mainly a technical, not practical, manner.

[pushbrk 13,066]

Thank you very much for that, you confirmed my suspicions.

Unfortunately, the confirmation is inaccurate and offered by a poorly informed member. You already have a good explanation of some of the issues. The petition and visa application are separate considerations, yes. However, the I-134 is not a binding contact. The I-864 used when adjusting status is however, and it supersedes (replaces) the I-134 anyway. Unless you're concerned the beneficiary will actually become a public charge (receive means tested benefits)which is very unlikely then your "contract" will be meaningless. If you don't think the petitioner will soon qualify to support the beneficiary, then it seems silly to assist somebody to come here and be supported by the taxpayers instead of themselves or their immediate family.

[Valhalla 0]

Thank you both for your information. I'll be talking to both of them soon, I just wanted to get some background information about a possible situation before having that conversation.