When can alien fiance cut ties from financial sponsor?

[J-Vo 0]

Hey everyone,

My mom is planning on being the financial sponsor for my soon-to-be Mexican fiance (I'm about to file the K-1 petition) and she is wondering at what point can the ties be cut between them? Is it once he gets his green card? Once he becomes a permanent resident?

She is willing to help him out to get here but doesn't want to feel like this will be a long-term thing.

Any insight appreciated!

[canadian_wife 1,826]

It's a long term thing. She removes obligations when the beneficiary

Dies

Permenantly moves out of the US

Becomes a US citizen

Or 10 years of being an LPR

Now, it's been a minute since I've read the instructions and obligations. I hope someone will correct me if I am wrong

Good luck

[Darnell 8,479]

K-1 ?

that's the I-134.

It's not legally binding, and IMO does expire when the I-94 expires .

OTOH, the I-864 used with the Adjustment of Status that you may be filing after marriage - that beastie is binding and has some rules to it for when/how it isn't in effect anymore.

[NigeriaorBust 4,087]

The I 864 which needs to be signed for him to get the green card expires when

He dies

Your mom dies

He leaves the US and gives up the green card

He works 40 qualifying quarters ( which IS NOT the same as being here 10 years)

Also some immigrants have divorced and used the I864 to justify support post marriage

note that divorce does not terminate the I 864

Opps forgot the him getting USC

Edited June 18, 2012 by NigeriaorBust

[L+T 71]

The I 864 which needs to be signed for him to get the green card expires when

He dies

Your mom dies

He leaves the US and gives up the green card

He works 40 qualifying quarters ( which IS NOT the same as being here 10 years)

Also some immigrants have divorced and used the I864 to justify support post marriage

note that divorce does not terminate the I 864

Opps forgot the him getting USC

Correct!! The fastest way, besides death, would be for your partner to become US citizen, 4-5 years (for getting out of the 864)... the 134 is nothing to worry about, it is the 864 sponsorship which can get you for life if they do not work for 10 years and get 40 credits, or refuse to become a citizen.

[canadian_wife 1,826]

The I 864 which needs to be signed for him to get the green card expires when

He dies

Your mom dies

He leaves the US and gives up the green card

He works 40 qualifying quarters ( which IS NOT the same as being here 10 years)

Also some immigrants have divorced and used the I864 to justify support post marriage

note that divorce does not terminate the I 864

Opps forgot the him getting USC

thanks for clarifying

[KayDeeCee 4,895]

K-1 ?

that's the I-134.

It's not legally binding, and IMO does expire when the I-94 expires .

OTOH, the I-864 used with the Adjustment of Status that you may be filing after marriage - that beastie is binding and has some rules to it for when/how it isn't in effect anymore.

Yep. The I-134 for the K-1 interview in Juarez is not legally binding and your mom has nothing to worry about there. If you still won't have enough to meet the requirement after you marry and file for AOS, then you will also need a joint sponsor for the I-864, and that is the one that is legally binding and anyone should read what they are signing to before doing so.

[Shoot Em Straight 385]

Welcome to VJ

I would suggest to be very fair to mom and have her join us too!

It's a great site

[Justine+David 218]

She needs to read the i-864 document under AOS VERY CAREFULLIY. The soonest she could be let go (besides him dying/moving back to Mexico) is just past 3 years if he applies for citizenship.

[bigdog 376]

I agree have her read VJ also. The goal is to finish the process, have the couple get jobs then the sponsor is essentially done unless unforeseen circumstances popup. This should not be a path to social welfare.

[Love's JAA 100]

It's my understanding that even if the alien leaves the country, there is not definite cut off of when they lose their permanant residency. That it's up to the US government officials to decide case by case whether to allow them back in based on facts and circumstances. This drives me crazy because my ex-mother-in-law whom I sponsored on 864. Even though she has left the US, I can't find a definite answer as to when I am off the hook. I know that simply leaving is not good enough. She can decide to try and re-enter the US or at least make a case as to why she should be allowed back in. If anyone has any wisdom to share, sure would appreciate it since it seems I will have to show her on my new 864 (for my fiancee) as an additional dependent.

[Dave-n-Oksana 49]

He works 40 qualifying quarters ( which IS NOT the same as being here 10 years)

The spouse's work history from the time of green card issuance also contributes to the qualifying hours, so if both work full time, after 5 years this criteria is met.

[Karee 4,191]

This is K-1 using I-134 so there is no binding rules concerning 40 quarters, citizenship etc. That comes later when you file I-864 for adjustment of status.

[Darnell 8,479]

sorry, lots of folk here talking about the I-864. Great and accurate stuff, but it doesn't apply.

the TOPIC - When can alien fiance cut ties from financial sponsor?

smacks of the Affadavit of Support presented at a K-1 interview at the IV Unit, on interview day.

That particular Affadavit of Support is the I-134, and is NOT legally binding.

IMO (and others) it truly expires when one of two things happen:

1. foreign fiance gets married to the US Citizen or

2. the I-94 issued at the POE expires.

so, to the OP - remember.....

Short on Cash? You are not in a rush to file the Adjustment of Status after marriage - so take yer time, build up yer financial portfolio - heck - even file a year later when your financial position improves after marriage. There is no regulation for WHEN you must file the Adjustment of Status for your WIFE after marriage, but you must marry within 90 days of her arrival in the USA (there's a regulation about that one bit) .

Good Luck !

[LeftCoastLady 441]

sorry, lots of folk here talking about the I-864. Great and accurate stuff, but it doesn't apply.

the TOPIC - When can alien fiance cut ties from financial sponsor?

smacks of the Affadavit of Support presented at a K-1 interview at the IV Unit, on interview day.

That particular Affadavit of Support is the I-134, and is NOT legally binding.

IMO (and others) it truly expires when one of two things happen:

1. foreign fiance gets married to the US Citizen or

2. the I-94 issued at the POE expires.

so, to the OP - remember.....

Short on Cash? You are not in a rush to file the Adjustment of Status after marriage - so take yer time, build up yer financial portfolio - heck - even file a year later when your financial position improves after marriage. There is no regulation for WHEN you must file the Adjustment of Status for your WIFE after marriage, but you must marry within 90 days of her arrival in the USA (there's a regulation about that one bit) .

Good Luck !

The main issue there is the OP would need to determine if they will also need a co-sponsor to adjust status. While it's true there is no time limit on adjusting status, it also means the beneficiary can't work until authorization is received, which is usually done with the adjustment of status petition since it's at no additional cost (outside the $1070). If the OP isn't able to be in a financial situation on their own for the adjustment of status process, it's not a bad idea to keep an eye on what's needed for the I-864 and get a co-sponsor lined up, whether it's mum or someone else.