I-864 Affidavit of Support

[jjhoyt 0]

There is a very dangerous form required for obtaining Adjustment of Status called the I-864.

This is a binding contract of support between the petitioner, the US Government and the sponsored immigrant.

Such sponsored immigrants include K-1 visa wives, husbands, and their children.

Most petitioners do not understand the serious consequences of this contract.

It requires the petitioner to provide 125% of the US official poverty level to each sponsored immigrant INDEFINITELY and FOREVER regardless of divorce, infidelity, living apart from the sponsor with another partner, the immigrant's unwillingness to work and provide support for themselves, etc. In situations that would normally not require support in the normal US legal system, the I-864 petitioner could be forced to provide support for ex-spouses and their step-children for as long as they remain in the USA.

Although some of these circumstances that force the sponsor to provide support for the immigrant seem to be legally "unconscionable" in terms of normal common sense and fairness, the politicians and immigration officials have created this very hazardous situation via the I-864.

There are only a few conditions that release the petitioner from the contract, including the immigrant becoming a US citizen, the immigrant accumulating 10 years of work in the USA with Social Security contributions, or the immigrant permanently leaving the USA. Obviously, it might be very difficult for the sponsor to reach any of these conditions of release.

There are many ominous articles about this contract on the Internet, including:

http://www.thefreelibrary.com/Immigration+form+I-864+(affidavit+of+support)+and+efforts+to+collect...-a0216412343

This is a very important article that all petitioners should read.

You may also use a search engine to search for the words "I-864 enforcement" or related topics to find many more details.

All would-be petitioners are strongly urged to fully understand the serious risks of signing an I-864.

The I-864 greatly increases the already-significant risks involved in the K-1 process and similar immigration processes.

You may be in serious trouble someday as a result of signing an I-864.

The laws surrounding the I-864 should be reviewed and modified to be made more fair and just.

[Dan & Jenni 457]

There is a very dangerous form required for obtaining Adjustment of Status called the I-864.

This is a binding contract of support between the petitioner, the US Government and the sponsored immigrant.

Such sponsored immigrants include K-1 visa wives, husbands, and their children.

Most petitioners do not understand the serious consequences of this contract.

It requires the petitioner to provide 125% of the US official poverty level to each sponsored immigrant INDEFINITELY and FOREVER regardless of divorce, infidelity, living apart from the sponsor with another partner, the immigrant's unwillingness to work and provide support for themselves, etc. In situations that would normally not require support in the normal US legal system, the I-864 petitioner could be forced to provide support for ex-spouses and their step-children for as long as they remain in the USA.

if they dont understand it then they shouldnt be frikkin signing it!!!!!

[Scafidi454 22]

So, if a married couple were to divorce, the original petitioner could be responsible to provide regular payments that equal 125% of the poverty line every year? What about if the beneficiary re-marries?

[Darnell 8,478]

hey JJ -

Thanks for the heads up !!!

I-864 Affidavit of Support Beware of this contract

[Dan & Jenni 457]

So, if a married couple were to divorce, the original petitioner could be responsible to provide regular payments that equal 125% of the poverty line every year? What about if the beneficiary re-marries?

i believe the sponsor would be liable to repay any government benefits paid to the beneficiary

[KayDeeCee 4,893]

Plain and simple. You should never sign any contract that you do not understand. If you do not want to sign an I-864, then do not petition/apply for a fiance(e), spousal or other family visas that will require this contract.

[I AM NOT THAT GUY 5,715]

This again?

BTW: Once the immigrant becomes a USC, the contract is over!

Edited January 18, 2012 by ☼

[S and R 8]

Is that correct? I dont think so....

The liability is to re-emburse the government for any benefits sought by the immigrant, only if and when the immigrant claims benefits. I don't think am immigrant can just say 'hey Uncle Sam, he/she is not paying for my upkeep....please make them pay since they signed the I-864". The description of the contract mentions "to ensure the immigrant does not become a government charge". It is not about support for living costs. No collection of government benefits = no issues.

[Gary and Alla 3,694]

You are more likely to be in serious trouble for getting married.

The I-864 is terminated when they become citizens, mine will terminate in two weeks (not that I care about the I-864)

Peddle the poisons somewhere else. Getting married is not for cowards.

Edited January 18, 2012 by Gary and Alla

[I AM NOT THAT GUY 5,715]

Is that correct? I dont think so....

The liability is to re-emburse the government for any benefits sought by the immigrant, only if and when the immigrant claims benefits. I don't think am immigrant can just say 'hey Uncle Sam, he/she is not paying for my upkeep....please make them pay since they signed the I-864". The description of the contract mentions "to ensure the immigrant does not become a government charge". It is not about support for living costs. No collection of government benefits = no issues.

"public charge" provisions

[I AM NOT THAT GUY 5,715]

9 FAM 40.41 N9 LEGAL OBLIGATIONS OF SPONSORS

(CT:VISA-1317; 09-24-2009)

a. The execution of Form I-864, Affidavit of Support Under Section 213A of

the Act, creates a legally-binding contract between the sponsor(s) (including any household members who have executed Form I-864-A, Contract Between Sponsor and Household Member, and any joint sponsor), and any Federal, State, local, or private entities that provide means-tested public benefits throughout the duration of the contract. By executing Form I-864, the sponsor agrees to:

(1) Provide financial support necessary to maintain the sponsored immigrant at an income that is at least 125 percent of the Federal poverty guidelines for the indicated family size (see 9 FAM 40.41 Exhibit I, Poverty Income Guidelines); and

(2) Reimburse any agencies that provide means-tested benefits to a sponsored alien.

b. In most cases, an alien is not eligible to receive any Federal benefits during his or her first five years in the United States. Although the alien may obtain public benefits thereafter, disbursing entities may seek reimbursement from the alien's sponsor for certain means-tested benefits received by the alien, for the duration of the validity of the affidavit of support. In the event that petitioner's Form I-864 does not meet the minimum Federal poverty guideline amount and a joint sponsor is necessary, the petitioner is still responsible for any amount of income or assets included in his or her Form I-864.

http://www.state.gov/documents/organization/86988.pdf

9 FAM 40.41 N9.2 Duration of Obligation Under Form I-864, Affidavit of Support Under Section 213A of the Act

(CT:VISA-911; 11-02-2007)

Sponsors, joint sponsors, and household members (who have executed Form I-864, Affidavit of Support under Section 213A of the Act or Form I-864-A, Contract between Sponsor and Household Member) are bound by the contract terms until the applicant:

(1) Is naturalized;

(2) Has worked, or can be credited with, 40 qualifying quarters of work;

(3) Leaves the United States permanently; or

(4) Dies.

http://www.state.gov/documents/organization/86988.pdf

[jjhoyt 0]

Some of the replies indicate how misunderstood this contract is, and that is because the consequences are not well explained in the form's instructions, and in fact, have taken a long time to be worked out even in the courts.

The contract does not only apply to government-provided payments and services.

Yes, the government and other agencies (such as hospitals) can sue you to recover services provided to the sponsored immigrants.

But in addition, unless one of the release conditions are met, each sponsored immigrant may sue you annually for the rest of their lives for support up to the 125% poverty level in state and/or federal courts.

Divorce and re-marriage to do not release you from the I-864, and it may be particularly dangerous for the sponsor if there are stepchildren named as sponsored immigrants, or if the ex-spouse simply decides to live outside of marriage and collect support from the petitioner endlessly.

You need to search the Internet and read some of the legal case histories on this contract to find out what a nightmare it can be, such as Stump v. Stump.

It is unfortunate that the nasty hooks in the I-864 are not revealed early in the K-1 process, because this form comes into play much later on.

I would guess that 95% of K-1 petitioners are not aware of all the risks.

It is not simply a question of being a coward about marriage for several reasons. For example, a conventional marriage does not obligate a spouse to provide never-ending support to stepchildren after the marriage has ended. But the I-864 does.

I think most people would agree that some of the terms of the I-864 are totally unreasonable.

[I AM NOT THAT GUY 5,715]

I think most people would agree that some of the terms of the I-864 are totally unreasonable.

Not me. If you want to play, you gotta pay. Besides, if you can't hold a marriage together for three years, you don't belong in this game.

[Scafidi454 22]

So, for example, if we get married and she gets her EAD - Then, she goes on unemployment due to a job loss, and let's just say I go on unemployment too. Does that mean that whatever I get from unemployment goes directly to her?

I use an example like this because of the stories I've heard from downsizing. Typically, it's not both at the same time, but you never know...

[I AM NOT THAT GUY 5,715]

So, for example, if we get married and she gets her EAD - Then, she goes on unemployment due to a job loss, and let's just say I go on unemployment too. Does that mean that whatever I get from unemployment goes directly to her?

No. As long as you are still married, and not legally separated, you sink or swim together.

Where the I-864 can really get you in trouble, is later, when she brings her parents over.