Be Very Aware of the Affidavit of Support trap

[az110965 252]

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.

Amen brother

[VanessaTony 3,567]

I love that you're blaming USCIS for YOUR decision to import someone, for YOUR decision to marry them, for YOUR decision to not read the fine print. But all this would be moot if you had actually known the person you married better.

I am the immigrant. Do I know the rules of the I-864? Yes. Divorce, giving up GC and USC are the "easiest" options. Does my USC husband. Yes. I told him and made him read the form. He really wasn't/isn't worried though. I won't be claiming benefits, I'd return to Aus first or get help from my family. I'll be getting USC as soon as I'm eligible. He knows that.

Here's the thing. The contract is between you and the US government if your ex claims means tested benefits... which she's not eligible for until she's been an LPR for 5 years. At the 5 year mark she's eligible to become a USC. If she's a deadbeat then yes you'll end up paying the price for YOUR choices. As it should be. Rather than other tax payers paying for your choices and your mistakes.

Edited September 14, 2011 by Vanessa&Tony

[Rufus2012 175]

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.

"Deal with it."

If you don't have anything to offer, why get snarky with the OP?

[OnMyWayID 1,489]

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?

I do not get your thought process here.. If the I-864 was able to be dropped in the event of divorce what would be the point of it existing? How many married couples need a contract with the government to support each other? Its like being surprised because you can't walk away from a pre-nup after a divorce.

[KayDeeCee 4,893]

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.

Not a trap. It is all laid out for you. It tells you the ways out of the contract. Divorce is not one of them. It clearly states: "Note that divorce does not terminate your obligations under this Form I-864."

Also, if someone marries in good faith and then divorces, they can file a waiver to remove conditions on their own. Since they divorced, they won't be eligible to file for citizenship until after being an LPR for 5 years instead of the 3 years if they would have stayed married. This is an already known fact. So again, no trap here. It is only a trap if something is 'shady' or hidden from you on purpose to trick you.

[Robert&Karen 264]

My fiance and I were hooked on one another in November 2009, but we WAITED to make sure we flushed out everything about one another. Our dimples have become pimples, we all have issues, and we feel very confident in our move. You only live once, if it turns out to have been a bad move, welcome to the club. But better to have bumped your head than never taken a chance.

[emscott 0]

Confused What if u marry a girl in philippines and u both decide it will not work If u have filed no papers for visas. And u both decide it will not work. And u divorce her in USA do u still support her in the Philippines? this is all very confusing

[Helen Louise Pile 80]

My fiance and I were hooked on one another in November 2009, but we WAITED to make sure we flushed out everything about one another. Our dimples have become pimples, we all have issues, and we feel very confident in our move. You only live once, if it turns out to have been a bad move, welcome to the club. But better to have bumped your head than never taken a chance.

A calculated risk right

Couldn't agree more. I knew I'd marry my husband when we first started dating...but I didn't marry him then. We dated, got to know each other, got engaged, lived together and then we decided to move to the US so we ended up waiting longer because we decided to go the K1 route.

The I-864 is of no consequence. I'll never claim benefits here. He had no problems with it. Being responsible for each other is what marriage is. That's why you need to know who you're marrying. There is no trap.

Best of luck with your wedding and fiancee's POE aorobert!

[canada_socks 97]

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.

You really need to read and understand what you are reading. It says RIGHT THERE in the part that Jay-Kay posted that divorce does NOT terminate your obligations under this form. Meaning that is not a way out. Really not that difficult to understand.

[TeddyHoney 42]

You say "for up to 10 years", but I'm sure that there is nothing that states you're off the hook after 10 years either. Someone please correct me if I'm wrong.

[ronluvme 10]

hiya all,

i guess that buttomline you must know (well)the person you are going to marry and trust with,sometimes i was thinking why the gov't TAKES so long to get the approval for visa or whatso ever until they get together in that way they can get to know each other through bad and good times,i am not trying to be mean but just lil bit thought in my brain.

lesson learn 'IKA" NGA.

[fordchev 1]

Do you truly ever know someone??? I dated my first husband for 4 years before we married and immigrated to the US. He was a tall muscular cowboy..loved to work on cars and work on the farm...I pack up and move here and I am not here 6 months when he has something to tell me.. He casually says he is a man trapped in a womans body!!! Did I see that coming..not in a million years..needless to say I divorced him but not before he legally changed his name to a female name...try explaining to USICS why you have divorce papers that indicate you were married to a female...just a little embarrasing not to mention difficult...

I can laugh at my experience now but at the time it was devasting...We all make mistakes..all you can is learn from them...the first question I asked when I started dating again was are you comfortable being a man...The looks I got were Priceless!!!

[Dan & Jenni 457]

the first question I asked when I started dating again was are you comfortable being a man...The looks I got were Priceless!!!

[Robert&Karen 264]

A calculated risk right

Couldn't agree more. I knew I'd marry my husband when we first started dating...but I didn't marry him then. We dated, got to know each other, got engaged, lived together and then we decided to move to the US so we ended up waiting longer because we decided to go the K1 route.

The I-864 is of no consequence. I'll never claim benefits here. He had no problems with it. Being responsible for each other is what marriage is. That's why you need to know who you're marrying. There is no trap.

Best of luck with your wedding and fiancee's POE aorobert!

AO are the initials of the town I live in -- Angelus Oaks, And my name is Robert. My fiance is from Scotland as is my father. There is something so perfect about a Scottish lassie!!!!

You say "for up to 10 years", but I'm sure that there is nothing that states you're off the hook after 10 years either. Someone please correct me if I'm wrong.

They need 40 quarters of work with Social Security. That's ten years. I think you are off the hook earlier if they get US citizenship but I have not crossed that bridge yet, I am sure another person could tell you that.

[Dan & Jenni 457]

There is something so perfect about a Scottish lassie!!!!

not when your english there isnt