Be Very Aware of the Affidavit of Support trap

[Robert&Karen 264]

not when your english there isnt

The English are one of the most blessed people on the face of the earth! They are given Scots as neighbors!!!

Edited September 14, 2011 by aorobert

[Dan & Jenni 457]

hahaha good answer

[Deputy Purple 1,294]

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.

Seriously, can you even read? Below is from the signature page of the I-864 document. Please note the the document you signed says clearly and specifically that DIVORCE DOES NOT TERMINATE YOUR OBLIGATIONS UNDER THIS FORM I-864.

Further, you don't seem to understand the purpose of the I-864. It has nothing to to with giving you control over anything (like your immigrant spouse), maybe that's one of the underlying reasons your marriage failed.

The purpose of the I-864 is quite simple: It protects the rest of us from your libido! Yep, it makes you responsible for the person your choose to import to the US so that they don't draw means-tested benefits and stick the rest of us with the bill that is rightly laid at your feet.

If your now ex-wife actually got a fat alimony settlement as a result of the AOS then you have an idiot for a divorce lawyer. At the most it could be read to say that if she earns less than 125% of the current US Poverty level (with is quite low) then you would have to supplement her income to get her to that level. A good divorce lawyer could successfully argue that since she isn't a party to the AOS contract she has no position to sue based on said contract.

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.

[3t3rnal 3]

1st of all, I'd think twice (maybe more) about signing as cosponsor to some1 else's forms, but if it is to my 1 & only that'll be with me for the rest of my life, WHY THEY HECK wouldn't I sign it...

so what if OP's stated "look at the divorce rate" is high, who gives a dam, OP just became another statistic, I'll try my best & know that my 1 & only will try her best through thick & thin to compromise & make things work, cuz that's wat marriage is, it's a contract for life, unless u become another statistic added to the divorce rate

it is a trap i'm willing to walk right into

[Robert&Karen 264]

If you get divorced it means there was something going into the marriage that was not sorted out. I have 3 exes. The first one taught me not to settle. The second one taught me to not marry a person who hates that I am in the Army (she said my deploying for the war was "abandoning" her). The third taught me that there are gold diggers out there. Plus it was a rebound.

My fiance now loves the fact I am in the military, cares nothing about money, and like me, refuses to settle for 2nd best. We're set!

[Fandango 1,439]

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?

You clearly still don't understand the 1-864. You don't have to keep the beneficiary at 125% of the poverty line, and the limit is not 10 years.

It's for 40 quarters of work. If the beneficiary doesn't complete that, then it could go on indefinitely. Providing the beneficiary doesn't naturalize, abandon gc, or pass away.

And it's not to keep them in a certain lifestyle...you will be 'on the hook' so to speak, with the gov't should the beneficiary you sponsored receive means tested benefits. Meaning, the gov't has the right to expect reimbursement from you.

But yes, not all people understand the doc that they are signing....but really...would you have thought any different if you were in the throes of being in love, and reading a warning such as this? My guess is, probably not.

[Robert&Karen 264]

It's not only for immigrants, but common sense. If I am going to have 5 children, should I not think about being able to afford them? Is my first thought going to be to not worry, there is always welfare and the government will pay for things for me to have for free?

There is no entitlement. We are the government. These stopgap programs such as welfare and food stamps are not meant for people to live on, yet some do. If everyone maintained a certain level of responsibility then these government aid programs would only be for emergencies, not a way of life.

If your fiance comes here, goes to school, and gets a good job then she can support herself or contribute to the family as a whole. My father immigrated to the US and recently retired, having never taken a penny form any program like welfare or unemployment. He contributed to society. That is all he knew.

I think those who wish to take from the US don't care about coming here legally and being responsible. The fact you an I can jump through these hoops show we are head and shoulders above many others. It's work to come here legally. We are not handed citizenship by birth. The US is founded on hard working immigrants I have yet to see anyone on these forums who intends to be or will appear to be a parasite off the hard work of others.

[edwardteresa4ever 18]

I have to agree with Mike here, know what your getting into and what kind of commitment your making, the truth is you mention starry eyed but after going through this long process ( at least 6 months ) I would have thought you might have had some Intellect mixed in with the emotions. I'm not picking on ya sucks to be divorced or parting ways after going through all that but I guess everyone's situation is different, for me I would give everything I have or everything I ever would have to have one more day with my girl, I dont see that changing, 6 mos, 6 years, 6 lifetimes. Our government may not always be the best, but its not fair to taxpayers that they pick up the expenses cause somebody else made a bad decision, we have too much of that already. Good luck, im sure its not the end of the world for you.

[Robert&Karen 264]

During the process my fiance told me several times if I wanted to drop the whole thing she'd understand, because it was very expensive and timely. Never once did it feel like a burden to me. If one feels it is too hard to go through and not worth it, then they are right. If you feel that this is challenge is very worth it, then that is right too.

[bt1 42]

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?

In these cases, I think a prenup is a good option: I know it doesn't sound very romantic, but it' worth it, for everyone's piece of mind. We did it, despite the fact that we have known each other for over 25 years before we married.

[Robert&Karen 264]

In these cases, I think a prenup is a good option: I know it doesn't sound very romantic, but it' worth it, for everyone's piece of mind. We did it, despite the fact that we have known each other for over 25 years before we married.

How would a prenup help? If you split and she goes on welfare or other aid, you pay.

[OnMyWayID 1,489]

In these cases, I think a prenup is a good option: I know it doesn't sound very romantic, but it' worth it, for everyone's piece of mind. We did it, despite the fact that we have known each other for over 25 years before we married.

The I-864 is a contract between the US Citizen and the US Government.. Pre-nup would have zero effect on the I-864..

... unless of course the prenup was that you would give the beneficiary so much money that they never have a need for government benefits.

[sori i sponsored 0]

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.

[sori i sponsored 0]

Ok Ok to all of you that don't beleive me when I say the Affidavit of Support LOOKS like a contract between the sponsor and the alien but then how do you explain all the cases that are out there where the lawyers are using that very same document TO SUPPORT THE EX. Check out NIAK vs NAIK ( I beleive that is how it's spelled, could be Naik vs Naik) or even Chesire vs Cheshire. One guy paid his ex a LARGE one lump sum to get her to drop the suit against him. I didn't make this up. This is reality and I spoke to a layer in California that told me "it happens all the time".

I'm not here to wish anyone bad. I just want to INFORM you that if you THINK you know what this form is being used for you don't. I had all the same ideas as you. " It's between you and the government", " It's not to pay the person back". I see all the same things I thought. And NO. a prenup wont help unless it is in there that she won't sue you under the I-864.

I not here to convince you not to sign or anything like that but to INFORM you of the truth. All I am saying is this form that looks like a contract between YOU (the sponsor) and the government is FALSE!!!!!!!!!!

And this is to Anita Cocktail

I do know what the form says I rad it and re-read it and I also KNOW what the divorce lawyers are using it for AND WINNING!!!!

If you all look into these alegations that I have brought up and find that I am wrong, let me know.

BUT, If you look into what I am saying and find that I am right. Please let them know here also. I am not talking from what the form says but what in REALITY how there has been no one, let me repeat NO ONE that has been able to defend against an ex-spouse immigrant/green card holder that used this EXACT form against them.

And Bob 4 Ana.... I hate to tell you but according to the form it says "at least 125%" and if you don't think she is entitled cause it is not a contract between you and her then why are the courts awarding the ex's with the support? Read the info at the link Bob.

I just want to inform. read the info at this link at www.the freelibrary.com

<a href="http://www.thefreelibrary.com/Immigration+form+I-864+(affidavit+of+support)+and+efforts+to+collect...-a0216412343">Immigration form I-864 (affidavit of support) and efforts to collect damages as support obligations against divorced spouses - what practitioners need to know.</a>

Read and eat your words. http://affidavitsupport.worldpress.com/2008/10/13/initial-post-case-history/

I wish all of you good luck and happy marriages.

[sori i sponsored 0]

The legislative history behind the I-864 also supports the finding that the affidavit of support creates a binding, enforceable contract between the sponsoring petitioner and federal government, with the intended immigrant as the third-party beneficiary. (14) In the commentary relating to [section] 551 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the new section was described as "creat[ing] a new, legally binding affidavit of support in order to seek reimbursement from sponsors for the costs of providing public benefits." (15) It was the intention that "the affidavit of support be a legally binding contract between an alien's sponsor, the sponsored alien, and the government." Interestingly, the drafters further intended that "public hospitals, private hospitals, and community health centers" be allowed to seek reimbursement from sponsors "for the costs of providing emergency medical services" to the extent that such services would be reimbursed by "means-tested public benefit programs."