Be Very Aware of the Affidavit of Support trap

[sori i sponsored 0]

To all those U.S. sponsors looking for love in other countries.

I too went that way and if I had known it is impossible to get out of supporting your spouse if you divorce. Remember the divorce rate is very high, maybe 50%. I was in love and starry eyed and hopeful but you don't really know someone until you live together. No mater how short the marriage is, you WILL be responsible for many, many, many years. And even if your spouse has a 2 yr conditional green card they have a way around that called the waiver. This means they will be able to stay here and keep YOU responsible for them. BE WARNED and be informed. Seriously. I wish someone had informed me of this before I filed for my fiancee under K-1. There is NO WAY OUT of this I-864. do your research or send me a message and we will chat.

Can you afford keeping someone at 125% above the poverty line for 10 years if not married?

[Joe_&_Nadiya 1]

That's why one must read and understand the implications and ramifications of ANY document before signing it, including but not limited to the instructions if applicable. Though the I-864 does not imply you must support that person.

Edited September 13, 2011 by Joe & Nadya

[Inky 1,110]

The affidavit is not for you to keep the immigrant supported at all, if you read the instructions it clearly states you are responsible if the immigrant uses means-tested benefits. You are responsible to pay this back to the government NOT pay the person to live!!!

The divorce is what causes you to pay out of your pocket to your ex-wife. Lawyers get you on the divorce for spousal pay/alimony etc.

864 form has clear instructions its a contract between the USC and the government.

[Dan & Jenni 457]

its not exactly a trap now is it lol. never sign anything without reading it first.... you could be selling your sole to the devil for all you know

[KayDeeCee 4,893]

It cannot possibly be a trap when the contract clearly outlines your obligations directly on the form you are signing, right above where you place your signature.

From the I-864 form that you signed:

Part 8. Sponsor's Contract.

---

Please note that, by signing this Form I-864, you agree to assume certain specific obligations under the Immigration and Nationality Act and other Federal laws. The following paragraphs describe those obligations. Please read the following information carefully before you sign the Form I-864. If you do not understand the obligations, you may wish to consult an attorney or accredited representative.

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

If you sign a Form I-864 on behalf of any person (called the "intending immigrant") who is applying for an immigrant visa 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 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, the intending 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, 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 and also 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 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 Other Consequences Are There?

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 and also 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.

This provision does not apply to public benefits specified in section 403(c ) of the Welfare Reform Act such as, but not limited to, emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act.

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.

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 that you signed:

• Becomes a U.S. citizen;
  
• Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;
  
• No longer has lawful permanent resident status, and has departed the United States;
  
• 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.
  

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

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

Edited September 13, 2011 by Jay-Kay

[Gary and Alla 3,694]

The affidavit is not for you to keep the immigrant supported at all, if you read the instructions it clearly states you are responsible if the immigrant uses means-tested benefits. You are responsible to pay this back to the government NOT pay the person to live!!!

The divorce is what causes you to pay out of your pocket to your ex-wife. Lawyers get you on the divorce for spousal pay/alimony etc.

864 form has clear instructions its a contract between the USC and the government.

Some truth and bad info on both sides.

First, this is a marraige, a promise for life. I hope you do not go into it and all it implies with the idea that you can just throw up your hands and walk away with no consequences for either party or all on one party. That would be silly

Second, even though the affidavit is not intended to provide support per se, it has been used for this in many divorce cases as a basis for the spousal support award. This is not to say the affidavit is a "trap" or marriage is a trap.

Look, mistakes cost money, big mistakes cost big money. Surprised? You marry the wrong person, whether from Russia or Cleveland and ytou want a divorce and it is going to cost you. Deal with it.

[sori i sponsored 0]

Sorry to inform you Jay Kay but it is a trap. The government says that there are ways that the "contract" obligation can end but there isn't, So YES it is a trap when the "contract" you sign isn't the one they enforce. Do you think it is fair for you to sign a contract that LOOKS like there are ways out of it but in reality there are not? You don't get a loan from a bank that says you can pay it off in 5 years only for the bank to come back and change the conditions under which you first signed the contract do YOU? The government SHOULD just go out and tell you that short of DYING there is no way you are getting out of this and the sponsor(s) are on the hook for a long time. THEN they can decide whether or not they will sponsor someone.

Yeah, nice to say you should have read it as I DID but the conditions under which the obligation will end are out of your control. They look as if you do have some control but you don't. The sponsor can not tell the spouse to become a citizen, meeting the work requirement can last 10 years (if the spouse even works at all), no longer has legal permanent status can and is being superceded by a waiver, and then there is dying. The government puts all these nice things in there but there are easy ways around them and If you don't beleive me try googling and see how many people out there assume that if their spouse has a conditional green card the will be subject to removal and figure that is when the responsibilty ends were mistaken and now they are on the hook for years and years.

I too thought that once you divorce, the condition of the status changes and they can go through the removal process and then you will be out from under the obligation but you are not. The "contract" conditions change once they get a waiver and THAT was the only "out the sponsor had any control over.

Don't trust me see for yourself. Google and find out. You'll be amazed

Sure we all wanted to stay married for life but........ What's the divorce rate again????

I just wonder how many of you out there really have given thought to this. There are hundreds that wish they had.

[az110965 252]

Some truth and bad info on both sides.

First, this is a marraige, a promise for life. I hope you do not go into it and all it implies with the idea that you can just throw up your hands and walk away with no consequences for either party or all on one party. That would be silly

Second, even though the affidavit is not intended to provide support per se, it has been used for this in many divorce cases as a basis for the spousal support award. This is not to say the affidavit is a "trap" or marriage is a trap.

Look, mistakes cost money, big mistakes cost big money. Surprised? You marry the wrong person, whether from Russia or Cleveland and ytou want a divorce and it is going to cost you. Deal with it.

Hey! What's wrong with Cleveland?

[sori i sponsored 0]

Sorry to inform you Jay Kay but it is a trap. The government says that there are ways that the "contract" obligation can end but there isn't, So YES it is a trap when the "contract" you sign isn't the one they enforce. Do you think it is fair for you to sign a contract that LOOKS like there are ways out of it but in reality there are not? You don't get a loan from a bank that says you can pay it off in 5 years only for the bank to come back and change the conditions under which you first signed the contract do YOU? The government SHOULD just go out and tell you that short of DYING there is no way you are getting out of this and the sponsor(s) are on the hook for a long time. THEN they can decide whether or not they will sponsor someone.

Yeah, nice to say you should have read it as I DID but the conditions under which the obligation will end are out of your control. They look as if you do have some control but you don't. The sponsor can not tell the spouse to become a citizen, meeting the work requirement can last 10 years (if the spouse even works at all), no longer has legal permanent status can and is being superceded by a waiver, and then there is dying. The government puts all these nice things in there but there are easy ways around them and If you don't beleive me try googling and see how many people out there assume that if their spouse has a conditional green card the will be subject to removal and figure that is when the responsibilty ends were mistaken and now they are on the hook for years and years.

I too thought that once you divorce, the condition of the status changes and they can go through the removal process and then you will be out from under the obligation but you are not. The "contract" conditions change once they get a waiver and THAT was the only "out the sponsor had any control over.

Don't trust me see for yourself. Google and find out. You'll be amazed

Sure we all wanted to stay married for life but........ What's the divorce rate again????

I just wonder how many of you out there really have given thought to this. There are hundreds that wish they had.

[sori i sponsored 0]

By the way. Here is some good reading http://affidavitsupport.worldpress.com/2008/10/13/initial-post-case-history/

I just want us ALL to be on the same playing field. There are many many more like this.

[az110965 252]

Personally speaking, my divorce from my USC wife cost me a lot more than 125% of the poverty level.

We marry with the hopes and dreams of a lifetime of happiness, building a family and finding the love of our lives. Whether your wife is a USC or not is not at issue - that she is a good person and you are compatible is.

As the OP said, divorce rates are high, but it's been proven that divorce rates between USC and non USC are lower than traditional divorce rates between 2 USC. Getting to know the person, being sure of their felings and yours is important and in today's society marriages have become disposable. Perhaps if more people worked on their marriages instead of simply moving on to find the next Ms. Right now the divorce rate would be lower...

Just my .02

[Anh map 2,098]

*Moved from K1 forum to General Immigration forum as topic is not K1 related*

[payxibka 10,045]

To all those U.S. sponsors looking for love in other countries.

I too went that way and if I had known it is impossible to get out of supporting your spouse if you divorce. Remember the divorce rate is very high, maybe 50%. I was in love and starry eyed and hopeful but you don't really know someone until you live together. No mater how short the marriage is, you WILL be responsible for many, many, many years. And even if your spouse has a 2 yr conditional green card they have a way around that called the waiver. This means they will be able to stay here and keep YOU responsible for them. BE WARNED and be informed. Seriously. I wish someone had informed me of this before I filed for my fiancee under K-1. There is NO WAY OUT of this I-864. do your research or send me a message and we will chat.

Can you afford keeping someone at 125% above the poverty line for 10 years if not married?

these statements are more wrong than correct on many levels... to anyone reading this, please take it all with a grain of salt

[payxibka 10,045]

By the way. Here is some good reading http://affidavitsupport.worldpress.com/2008/10/13/initial-post-case-history/

I just want us ALL to be on the same playing field. There are many many more like this.

Only someones blog without cited case law.. please cite some cases other than Stump v Stump which has been discussed ad nauseum from time to time on this board

Edited September 14, 2011 by payxibka

[mike42979 57]

I dont give a ###### about the I-864 I love my Fiancee whether she divorces me or not is no concern of mine. If im worried about the I-864 then i should never be marrying her in the first place. You only marry someone you trust and believe in and it seems you just wanted some chick for kicks if you just jumped into it but hey whatever floats your boat. Personally if she left and i did get stuck owing the government anything then oh well #### it shes worth every chance this government is giving me.

Edited September 14, 2011 by mike42979