Question on Affadavit of Support

[JMLay 0]

Hi everyone. I'm new to the site and in the process of trying to gather as much information as possible so my fiance and I can make the best decision for us in living in the U.S. One question I haven't been able to find on here so far is about the support of the sponsor once the fiance or spouse arrives in the U.S. I know that in order to qualify as a sponsor I have to meet %125 of the poverty line and I'm responsible for my husband for 10 years... but I was wondering if there is a form I have to file each year then, or do we have to continue proving each year that we make %125 of the poverty income? As long as he doesn't use any public benefits are we ok? Once he comes and starts working, can his salary also count toward the minimum requirement? I'm asking this mainly because we want to have a family and I would prefer to not work full time once I have kids, but I'm worried that as the sponsor I have to hold a full time job for the first 10 years in order to continue proving my support. If he made over %125 of the poverty line would that be ok?

Thanks for any help or insight you could offer for those who've been living in the U.S. with an immigrant spouse!

[trailmix 77]

Hi,

You don't have to keep proving it over and over. Just for the I-134 initially and then for the I-864 when you adjust his status. There is no 'reporting in'.

[JimVaPhuong 4,863]

You're signing a contract. You only have to qualify in order for the government to accept that contract. Once the contract is accepted then it is binding until the terms have been met. You don't ever have to re-qualify or sign any renewal contract.

The government doesn't care if you work, or if he works, or if you both work, or if both of you quit working. As long as he doesn't collect any means tested benefits while the contract is in effect then the government won't care.

[VanessaTony 3,567]

Hi everyone. I'm new to the site and in the process of trying to gather as much information as possible so my fiance and I can make the best decision for us in living in the U.S. One question I haven't been able to find on here so far is about the support of the sponsor once the fiance or spouse arrives in the U.S. I know that in order to qualify as a sponsor I have to meet %125 of the poverty line and I'm responsible for my husband for 10 years... but I was wondering if there is a form I have to file each year then, or do we have to continue proving each year that we make %125 of the poverty income? As long as he doesn't use any public benefits are we ok? Once he comes and starts working, can his salary also count toward the minimum requirement? I'm asking this mainly because we want to have a family and I would prefer to not work full time once I have kids, but I'm worried that as the sponsor I have to hold a full time job for the first 10 years in order to continue proving my support. If he made over %125 of the poverty line would that be ok?

Thanks for any help or insight you could offer for those who've been living in the U.S. with an immigrant spouse!

As stated, you are correct that you need to meet 125% of the poverty line (currently $18,212 for a 2 person household) when you complete for I-864. BUT you will only need to make sure that you, or a joint-sponsor are making that at the time of applying.

Also, your husband will not be allowed to use any means-tested benefits but if he does, you can be sued by the government for repayment. If he becomes a USC (us citizen) your obligation ends, same with if he leaves the country and gives up his GC, works 40 quarters (roughly 10 years) or dies.

You will never be "checked on". Once you file the I-864 and he gets his greencard, that's it for proving sponsorship. When he applies for ROC he (or you) won't have to prove that income either as it is binding until any of the above I mentioned happens. So go ahead and start planning your kids. I'm with you in that I would like to be a stay-at-home mum, at least for the first years of my kids lives.