Form I-864 Affidavit of Support Very Tough on Petitoner

[Sawwadekaw 0]

am a newbe on this site but was looking to ask a question and came across this forum. I am also an Nov guy. the Fourth to be exact.11/04/2012. It is at the CA processing center. Does this mean I am gettingclose?

Form I-864 scares the heck out of me. No one plans on getting divorced but as noted, not my first rodeo and have worked hard my entire life to only lose half of it as I did in first marriage in States due to divorce. In second marriage to an American, I had a solid prenup that covered my assets that I already had before marriage and pretty clean divorce in keeping them when we divorced. We are planning on living in SD. I have a solid retirement and investments that I want to protect in case of

divorce.,

I love my Thai fiance, and her daughter very much. I am just trying to be realistic in knowing that while we could be good for the next 50 years, Shi...... happens. If it does, I do not want it to wipe me out. Will a solid prenup keep me out of trouble. I have zero problem with us sharing all assets gained from day we are finally married.

Just want to ensure that my grown kids and their familys, my grandkids are covered in the future bycurrent will and solid prenup. I should add that we are using a Bangkok Attorney to get to the states. After that an American Attorney to carry us the rest of the way. Meaning Prenup signing and will..

Thanks for all the great info on my first post. I must admitt this entire process, even though I have printed and read out just about every form and instructions for each form about three times is still is giving me headaches. I must admitt that I have been blown up more than a few times in my life and my memory or retention of info is not top notch. I greatly appreciate all the help.

Questions:

Just what is the process: Yes, I have looked for it. Those are correct and thanks so much for info in my first post last week, that I should not worry about the 1-134 affidavet of support. But also correct that I sure as heck should be worried about the I-864, "affidavit of support" under section 213A of the act. The problem is I do not see anywhere where I have to fill it out.

Please HELP ME UNDERSTAND THIS. And yes, knock the snot out of me when I am wrong.

The way I read it, I being a Nov filer wait a few more months to get I-129 approved, package sent to US embassy/immigration in Bangkok and then go through with filing 1-134 and Finance goes through interview?

Once accepted, we get visa to states?

Once in states we get married, and asap file 1-130 for green card and work permit. Then also file for 1-131 for early permission to travel while still under temp green card while waiting for our two years to get permanent green card.

MOST IMORTANT, AND BACK TO ORIGIONAL QUESTION, WHEN, WHY, WOULD ANYONE FILE FORM 1-864. As noted, not the sharpest tool in the shed but I cannot find anything that tells me when, or at what stage I would have to fill it out. It is as most of you rightfully noted, is pretty much signing over 35 of 100k per year in income if you were to get divorced once you sign the form. It is to ensure that even if divorced, you are responsible to keep her and child at 125% of USA poverty level if you were to get divorced. The only out would be if they went back to their home country per what I have read.

I totally understand why the USA does this. My issue of course, as noted in first posting is while we are in love, well, not first rodeo and sure as heck do not want to sign over roughly 35% of my income for rest of my life if things go south on me down the road. While a solid pre-nup as noted, should protect existing assets, and I have zero problem with splitting 50% anything we gain together, if we were to divorce the form I-864 is like a death star.

Any clarity for this begging smuck that does not understand just when, why I have to fill out the I-864 affidavit of support form? and is my info on timeline, or flow chart so to speak correct?

God Bless for any and all responses, as noted, while I read and re-read, I cannot ever seem to find a solid, this is how it plays out, and when do you or not have to file form I-864.

I will take all the bashing if deemed needed to get some insight on this but the question is serious. How protected are my or for that matter yours, how are you protecting prior assests in US once married and then something falls apart. It was a Thailand Attorney that noted even though my wife speaks five languages and reads writes, speaks Englishas well as I do, all she has to do “per him” is state she did not understand the prenup. Yeah, that puckered me up a bit…………

Thank You So Much For Any and All Help In advance, I am a nervous wreck over this thing and not sure if I am worried about nothing or if I am not worried enough!

[Inky 1,110]

Once in states we get married, and asap file 1-130 for green card and work permit. Then also file for 1-131 for early permission to travel while still under temp green card while waiting for our two years to get permanent green card.

K- entrants do not file an I-130 they file for AOS the I-485 package. Do NOT file an I-130. Follow the step by step guides provided for AOS from K-1 http://www.visajourn...content/k1k3aos

Actually i'm moving your post from K-1 forums to the AOS forums as well since the 864 affidavit of support is the AOS process. Not the K-1 process.

864 is filed with the AOS package. Basically states you have to pay back the government if she uses welfare / means tested benefits. There has been a rise lately in people using it against US citizens for spousal support when the marriage goes sour. Not always successful because thats not its intended purpose. Its a contract between the US citizen and the government to pay back any means-tested benefits used by the Green card holder. Its not longer in effect when she becomes a US citizen. Or has 40 quarters of work. Your prenup should protect you as long as its very well worded around this.

Edited April 13, 2013 by Inky

[Nich-Nick 3,354]

You might find this paper by an immigration lawyer interesting http://poseidon01.ssrn.com/delivery.php?ID=813098115094004091123071024079115093024068064058019036096099071030009019112022005092025021018032000121001000092079004090031017049037039013080020099100106078113103127004069000112125009002069067122025119090&EXT=pdf

[bigdog 376]

We all took a chance, look at it this way. They are leaving everything behind to be with you. So who is the most stressed? It will be an adjustment for everyone and their will be moments, but it will work out. Hang in there and good luck.

[Mogambi 96]

I-864 is filed after you are married and when you apply for her Adjustment of Status (AOS). Unlike the I-134, the I-864 is a legally binding contract between you and the government, in the event that she and you split, and she ever applies for public assistance, the government can come after you to recoup their costs.

I don't mean to sound harsh, but clearly you haven't done much homework. This isn't something anyone 'chooses' to do, it's a requirement of the process to get her green card. If you don't fill out and sign, you simply cannot get her a green card. Period.

You don't file an I-130 for adjustment of status. You file an I-485. An I-130 is the equivalent to the I-129 for someone who was married overseas.

You will file for Adjustment of Status, Advance Parole (the travel document) and EAD (Work authorization). Part of the package requires the I-864.

You probably should have researched the entire process, if you're not willing to do the I-864 then by all means break it off now. There was another thread where some poor women arrived her and her husband refused to sign it. Which means she's in unlawful status and eventually they'll kick her out of the country probably.

[Pitaya 2,577]

We all took a chance, look at it this way. They are leaving everything behind to be with you. So who is the most stressed? It will be an adjustment for everyone and their will be moments, but it will work out. Hang in there and good luck.

Yep! Ain't it the truth!