1-864 scares the hell out of me

[amyandjorge 76]

I see it like this, the US gov't acknowledges that people make mistakes sometimes. In the case of an immigrant on welfare, either you pay for your mistake, or the taxpayers as a whole do.

Whether or not you are old, rich, educated, etc etc, nobody can vouch for your spouse more than you can.

Personally, what kind of person asks someone that they love to leave their home/country/family and then (if things don't work out) say OOPS I'm not responsible for THAT at all.

[david'sgirl 134]

The 'As long as you both shall live" bit.

I am with you. I cannot understand the issue. If you are happily married why would anyone have a problem supporting thier spouse? If the OP is so certain the marriage is doomed to end in divorce then perhaps it is not wise to continue with the visa application.

[skiptex 225]

Where in the vows do you agree to provide for your spouse forever ? regardless of divorce... until they decide to become citizens. Heck... I don't have to legally provide for my children after they are 18!

For us over 50... with good jobs, adult children, homes in two countries and a mutual prenuptial, this document is still flawed!

well, don't sign.. find an american and get married..

[Laure&Colin 558]

A lot of you seem to think that he should just do it and not even think about it.

Ironically, the forums are also full of people discovering they're still legally bound to their ex-spouse after divorce and come here to say "what was I thinking!"

I don't think taking a moment to assess the situation can hurt.

I am the foreign spouse, so I didn't have to do that, but I would've totally understood if my husband took a little while to think about it. And of course I would also understand if his mom had declined being a joint sponsor. It's not "just a signature".

Of course thinking about it before starting the whole immigration process would be a lot better. But some of us were not really aware of what was coming in the next steps.

[SuperDuper! 230]

Technically, there is no deadline when to file AOS. So why the rush to do it now? Seems you're having second thoughts.

[Justine+David 218]

Technically, there is no deadline when to file AOS. So why the rush to do it now? Seems you're having second thoughts.

The OP is filing for a spousal visa through the CR1/IR1 route, so there is no AOS, it is done at the NVC stage. And yes, there is a deadline, otherwise the petition isn't processed and doesn't go to the embassy level. Not to mention that withholding AOS from a spouse while you brought them over seems very cruel especially if they gave up their life, family, and career for you.

The I-864 doesn't enforce that you actually provide $$ for the spouse. Rather, it provides that if the spouse goes on welfare (various government programs), you will be sued for that amount of $$, so it's not like you are forced to pay alimony like in some divorce settlements. The foreign spouse while still married can apply for citizenship 3 years after having the green card and in most cases become a dual citizen. That's the quickest way to get out of it (unless the spouse dies or gives up the green card).

It's an important document that the signer should know about and think about...and be very sure they want this person over living with them. I personally think it's a great document because I don't want to pay for other people's mistakes out of my own pocket.

Edited January 24, 2012 by Justine+David

[I AM NOT THAT GUY 5,715]

I think it's kind of healthy to give it a thought before you sign. It is a big commitment, I agree.

On the other hand, it doesn't say you'll have to support your wife till she becomes a citizen, it says the government would come to you for any benefits she would get from them. That's a little different. If she is financially independant, the probability that she gets on welfare is low, don't you think?

Anyway, if you don't want to sign it, she won't have an immigrant visa, period.

Not true. You agree to provide support in the amount of at least %125 of the poverty level for the family size given, until the immigrant becomes a US citizen, works 40 quarters in covered employment, leaves the country, or dies, whichever comes first.

[Darnell 8,478]

the I-864 is a scary legal document. If I do not sign it, will the visa be denied?

Won't be issued. Unsure if denied or no, but certainly won't be issued.

Without I-864 intake at NVC, the casefile won't leave NVC.

Technically, there is no deadline when to file AOS. So why the rush to do it now? Seems you're having second thoughts.

You are confusing AOS, yes?

AOS for a K-1, adjustment of status vs

AOS for a CR-1, Affadavit of Support, singularly the I-864 form.

Nice ab shot, btw.

Edited January 24, 2012 by Darnell

[skiptex 225]

SORRY!!.. missed the part they were already married.. (reading title of the section)..

[Justine+David 218]

Not true. You agree to provide support in the amount of at least %125 of the poverty level for the family size given, until the immigrant becomes a US citizen, works 40 quarters in covered employment, leaves the country, or dies, whichever comes first.

It's my understanding that the US government won't actually sue you for 125% of the poverty line, but will sue for any welfare benefits gained by the foreign spouse, so it's a moot point.

[rgfox 10]

Don't think it is that scary. You are only potentially required to pay back the government for any public assistance she may receive. Doesn't mean she can take your house or bank account if you divorce; the US Gov just doesn't want her to become a liability to it.

[I AM NOT THAT GUY 5,715]

It's my understanding that the US government won't actually sue you for 125% of the poverty line, but will sue for any welfare benefits gained by the foreign spouse, so it's a moot point.

It creates a grounds for support, and supersedes any prenuptial agreement:

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.

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

Edited January 24, 2012 by ☼

[I AM NOT THAT GUY 5,715]

Don't think it is that scary. You are only potentially required to pay back the government for any public assistance she may receive. Doesn't mean she can take your house or bank account if you divorce; the US Gov just doesn't want her to become a liability to it.

I know of one case, where the USC had to equally divide all his assets with his bride of only a few months, for alleged spousal abuse.

[I AM NOT THAT GUY 5,715]

See also:

http://www.familylawyerspittsburgh.com/i864-immigration-affidavit-spousal-support/

[Laure&Colin 558]

Not true. You agree to provide support in the amount of at least %125 of the poverty level for the family size given, until the immigrant becomes a US citizen, works 40 quarters in covered employment, leaves the country, or dies, whichever comes first.

Well, that's not what the form itself says...