Form I-864 Financial Responsibility

[mas813 0]

Hi,

I have a friend who signed the Financial Responsibility Affidavit (I-864) for her niece. The girl received her Greencard and returned to her home country immediately. Basically,she never really lived or worked in the US.

My friend had a falling out with the girl and her mother, but recently learned this girl has come to the US twice to deliver her children here, using Medicaid.

Can my friend be held responsible for her neice's expenses? The girl does not live in the US but has somehow found to cheat the system.

Can she revoke her responsibility based on the fact the girl does not live her (altouhg she apparently still has her Greencard?)

[JimVaPhuong 4,863]

Hi,

I have a friend who signed the Financial Responsibility Affidavit (I-864) for her niece. The girl received her Greencard and returned to her home country immediately. Basically,she never really lived or worked in the US.

My friend had a falling out with the girl and her mother, but recently learned this girl has come to the US twice to deliver her children here, using Medicaid.

Can my friend be held responsible for her neice's expenses? The girl does not live in the US but has somehow found to cheat the system.

Can she revoke her responsibility based on the fact the girl does not live her (altouhg she apparently still has her Greencard?)

The affidavit cannot be withdrawn once the green card has been issued. It is now a binding contract.

Your friend can be held liable for her medical expenses. Receiving temporary medicaid, however, does not make the immigrant a "public charge", so she can't lose her permanent resident status for it.

If she stays outside the US for too long then CBP will determine she's abandoned her permanent resident status, and they'll revoke her green card. If your friend has evidence that she left the US without a specific intent to return then she can send her evidence to USCIS and ICE. With a little luck, they'll yank her green card the next time she comes to the US, and that will put an end to the affidavit of support.

[mas813 0]

The affidavit cannot be withdrawn once the green card has been issued. It is now a binding contract.

Your friend can be held liable for her medical expenses. Receiving temporary medicaid, however, does not make the immigrant a "public charge", so she can't lose her permanent resident status for it.

If she stays outside the US for too long then CBP will determine she's abandoned her permanent resident status, and they'll revoke her green card. If your friend has evidence that she left the US without a specific intent to return then she can send her evidence to USCIS and ICE. With a little luck, they'll yank her green card the next time she comes to the US, and that will put an end to the affidavit of support.

Thanks for the response. What makes someone a "public charge"? And becoming a "public charge" constitutes ground for revoking a Greencard, correct?

[FRJ 0]

once you get the green card i am pretty certain that the financial responsibility piece is no longer necessary. this is only required during the waiting period (while u await the green card). once that is done, the person is no longer financially responsible for you.

[NigeriaorBust 4,087]

If you know of visa fraud and have evidence you should report it even if you aren't trying to get out of your affidavit of support. Having a green card doesn't end it , only if the immigrant dies, surrenders their green card or becomes a US citizen can the affidavit be terminated short of the 40 quarters of work credit. ( Note that 40 quarter is not 10 years if the immigrant doesn't work )

[FRJ 0]

If you know of visa fraud and have evidence you should report it even if you aren't trying to get out of your affidavit of support. Having a green card doesn't end it , only if the immigrant dies, surrenders their green card or becomes a US citizen can the affidavit be terminated short of the 40 quarters of work credit. ( Note that 40 quarter is not 10 years if the immigrant doesn't work )

where do you people get this stuff from? the 864 is strictly to prove that you can be supported in the interim. what on earth is 40 quarters of work?

[VanessaTony 3,567]

where do you people get this stuff from? the 864 is strictly to prove that you can be supported in the interim. what on earth is 40 quarters of work?

We get this stuff from the INSTRUCTIONS on the form. Specifically here: http://www.uscis.gov/files/form/i-864.pdf page 18 "when do my obligations end".

The person/people who signed the I-864 are "on the hook" for YEARS. Not just while the GC is processing.

A "quarter" is exactly that, a quarter of a year (being 3 months). The USC is responsible for the immigrant until the immigrant has WORKED for 40 quarters, which equates to 10 years. HOWEVER, if the immigrant DOESN'T work, then of course "10 years" can be much much longer. There are also other situations that "cancel" the I-864 contract.

[FRJ 0]

We get this stuff from the INSTRUCTIONS on the form. Specifically here: http://www.uscis.gov/files/form/i-864.pdf page 18 "when do my obligations end".

The person/people who signed the I-864 are "on the hook" for YEARS. Not just while the GC is processing.

A "quarter" is exactly that, a quarter of a year (being 3 months). The USC is responsible for the immigrant until the immigrant has WORKED for 40 quarters, which equates to 10 years. HOWEVER, if the immigrant DOESN'T work, then of course "10 years" can be much much longer. There are also other situations that "cancel" the I-864 contract.

how does that apply to the situation given..its all good to quote stuff, but given the situation at hand..its not even relevant.

[VanessaTony 3,567]

how does that apply to the situation given..its all good to quote stuff, but given the situation at hand..its not even relevant.

You asked "where do you people get this stuff" and then you made the COMPLETELY incorrect statement that the I-864 applies ONLY while the GC is processing. My post corrected your incorrect statement.

THIS incorrect statement:

once you get the green card i am pretty certain that the financial responsibility piece is no longer necessary. this is only required during the waiting period (while u await the green card). once that is done, the person is no longer financially responsible for you.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to General Immigration Related Discussion as this isn't a question about the AOS process specifically, more a general Immigration "question"/need for definition**

Edited October 26, 2010 by Vanessa&Tony

[FRJ 0]

You asked "where do you people get this stuff" and then you made the COMPLETELY incorrect statement that the I-864 applies ONLY while the GC is processing. My post corrected your incorrect statement.

well many thanx but i was answering in the context of the question asked..

[VanessaTony 3,567]

well many thanx but i was answering in the context of the question asked..

No you weren't. YOU might have thought you were, but it did not read as such, and such grossly incorrect statements need to be corrected so new people don't think this is the truth.

[VanessaTony 3,567]

I have a friend who signed the Financial Responsibility Affidavit (I-864) for her niece. The girl received her Greencard and returned to her home country immediately. Basically,she never really lived or worked in the US.

My friend had a falling out with the girl and her mother, but recently learned this girl has come to the US twice to deliver her children here, using Medicaid.

Can my friend be held responsible for her neice's expenses? The girl does not live in the US but has somehow found to cheat the system.

Can she revoke her responsibility based on the fact the girl does not live her (altouhg she apparently still has her Greencard?)

Short answer is yes, your friend CAN be held responsible for her nieces expenses... those that qualify under the I-864 that is. Jim has said Medicaid doesn't count so you're okay there, but if she continues to draw then she MIGHT end up with a bill... the risk is there.

No your FRIEND can't revoke the I-864 because the girl doesn't live there BUT she can provide proof to USCIS and ICE that the girl has abandoned her residency and THEY can revoke her greencard. At that time the I-864 is cancelled.

[FRJ 0]

No you weren't. YOU might have thought you were, but it did not read as such, and such grossly incorrect statements need to be corrected so new people don't think this is the truth.

for the purpose of ending he needless back and forth.. i will agree with you.. you are right..

[JimVaPhuong 4,863]

Thanks for the response. What makes someone a "public charge"? And becoming a "public charge" constitutes ground for revoking a Greencard, correct?

Generally, someone is a public charge if they are primarily dependent on the taxpayers for support. Temporary non-cash assistance usually would not make someone a public charge. Even some cash assistance programs would not, provided the cash isn't intended to supplement their income. Temporary medicare assistance would not make someone a public charge. Being in long term care or institutionalized at taxpayer expense would make someone a public charge.

A green card holder who becomes a public charge anytime during the first five years of their permanent residency can be deported, though this is pretty rare. A green card holder who leaves the US for more than six months is subject to admissibility tests when they return to the US, just like someone who is applying for a visa, including the public charge test. If CBP determines, at the time they enter, that they are likely to become a public charge then they can be denied entry and lose their green card. Collecting means tested benefits in the past can be sufficient cause for CBP to make this conclusion.

If an immigrant has a financial sponsor (someone who signed an I-864) then the sponsor can be held liable for the costs of any publicly funded means tested benefits the immigrant receives, even if those benefits don't make the immigrant a public charge. The effect of the affidavit of support is that the sponsor is providing a guarantee that the taxpayers will not have to help support the immigrant. The government can take collection action against the sponsor, and even sue them in a civil court.

As Vanessa alluded, the affidavit is enforceable until specific conditions are met:

1. The immigrant becomes a US citizen.

2. The immigrant loses their permanent resident status and leaves the United States.

3. The immigrant can be credited with 40 quarters of work credits via Social Security.

4. Either the immigrant or the sponsor dies (the sponsor's estate can be levied for prior liabilities).

The law does allow for a sponsor to withdraw their affidavit of support at anytime before the immigration benefit has been approved. In this case, they would need to have withdrawn the affidavit before the green card was issued.

It might be possible to convince USCIS that the sponsor cannot fulfill their obligation to support the immigrant because the immigrant is not cooperating; i.e., not living with the sponsor, and leaving the US for extended periods of time. As a result, the immigrant has collected means tested benefits in the form of Medicare. The downside is that the government might seek repayment from the sponsor. The upside is that, if the immigrant remains outside the US for six months or more, they might be denied readmission because of the public charge determination, and lose their green card. This is a double edged sword - I wouldn't attempt it without a lawyer.

[Anh map 2,098]

once you get the green card i am pretty certain that the financial responsibility piece is no longer necessary. this is only required during the waiting period (while u await the green card). once that is done, the person is no longer financially responsible for you.

That is not correct. You may be thinking of the I-134 that is used for a K1 visa beneficiary. That affidavit of support is used for that interim period between US entry and permanent residency.

When a person obtains a Green Card they have a sponsor and that person's responsibilities are spelled out in the form I-864 that they (the sponsor) sign. (See Part 8 of the form I-864 for details)

The OP is describing a situation where their friend has executed the I-864 Affidavit of Support.