Affidavit of Support - I-134

[CoryL 2]

BTW...I'm very appreciative of the responses and the time that you have taken to provide thorough information. CoryL

[Nich-Nick 3,354]

.....but rather that I accept the risk of being a safety net. My daughter and the young man may, in fact, live a spartan life as they go forward as young, hungry college students and newlyweds. That is acceptable.

If he doesn't seek citizenship, is there a time-driven end to the I-864 obligation?

Am I missing anything?

Yes, you are a safety net.

Yes, you missed reading the last page of form I-864 to get the end points of your support.

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:

1. Becomes a U.S. citizen;

2. Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

3. No longer has lawful permanent resident status, and has departed the United States;

4. 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

5. 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.

[sassy222 5]

Coryl, you are right about every thing but I have one more thing to clarify. you do not have to be reliable till he become a citizen. you do not have even to specify the actual time of your reliability, on I 864 form you can state that you will 'watch out' for him till he gets authorization to work, that is a few months after he get married and apply for a green card. you do not have to be in his life or give him any thing.

[Nich-Nick 3,354]

Coryl, you are right about every thing but I have one more thing to clarify. you do not have to be reliable till he become a citizen. you do not have even to specify the actual time of your reliability, on I 864 form you can state that you will 'watch out' for him till he gets authorization to work, that is a few months after he get married and apply for a green card. you do not have to be in his life or give him any thing.

I disagree. A person who signs an I-864 is obligated to the terms until the immigrant becomes a citizen, works 10 years, leaves the country permanently, or dies. Sounds like you are describing I-134.

Even if the fiancé gets here on an I-134, Cory Is most likely going to have to joint sponsor on the I-864, so he needs to know his obligation for both.

[sassy222 5]

No, no, nich nick, the reason why I am so passionate about this, is because I came to the USA on co sponsor so I really know how it works not just what it says. My sponsor clearly stated on my i864 that she was only reliable till when I start to work. The embassy never had a problem with that. Just think about it for a moment, being reliable for someone till they die, that won't be right. The process is to make people part of US not dependents of others in the US.

[sassy222 5]

If corly does not file for cosponsor and his daughter does not meet the minimum poverty benchmark. The fiance won't get the visa.

[sassy222 5]

Nich nick, one of your posts clearly says that I 864 obligations end when one becomes a permanent resident. that is a few months after marriage and applying for a green card. So you agree with me on that because that is all I have been saying.

[sassy222 5]

Corly, Nich nick is right when she says that when your daughter's fiance comes to US and She is still in the same situation, you may need to be the fiance's joint sponsor again. It is the same process and form, you can still state that you will obligated till when he get authorisation to work, which takes only a few months even before he gets his green card.

[Nich-Nick 3,354]

No, no, nich nick, the reason why I am so passionate about this, is because I came to the USA on co sponsor so I really know how it works not just what it says. My sponsor clearly stated on my i864 that she was only reliable till when I start to work. The embassy never had a problem with that. Just think about it for a moment, being reliable for someone till they die, that won't be right. The process is to make people part of US not dependents of others in the US.

Sassy, I understand that you are passionate about this. But I can't agree that you understand it. I have to say I disagree so somebody else won't read this and think what you say is true.

You just posted that your sponsor filled out an I-864 for your embassy. That is not the form for a Fiancé getting a visa at the embassy.

You posted your sponsor said on the Form I-864 she would only sponsor until you got a job. Show me on the form what page and item number allows somebody to say how long they will sponsor. Here is the form http://www.uscis.gov/sites/default/files/files/form/i-864.pdf Open it and find the place.

Now look at the same form on page 8 and tell me what you don't understand about how long the sponsor's obligation lasts. It says on page 8.

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:

1. Becomes a U.S. citizen;

2. Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

3. No longer has lawful permanent resident status, and has departed the United States;

4. 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

5. 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.

Again. I am not trying to keep Cory from helping his daughter. He asked questions about his responsibility and I pointed him to the forms so he could read the oath he will sign. It is the word straight from the USCIS. He has already said he thinks it is a moderate risk and will sign. He is long gone now.

Edited February 13, 2015 by Nich-Nick

[sassy222 5]

Nich nick, you r right of when to file the I 864, it is not at the embassy but at aos. but I pretty sure there is a provision in I 864 Where one is asked how long they r willing to be in the commitment. I can not open the form now that I am using myvphone.

[sassy222 5]

Nivh nick, sorry, I made mistake with i864, it is in the i134 question 11 where you specify the duration and nature of help of the immigrate. So coryl can state his obligations before his son in law comes to the US. And when it comes to I 864 during applying for a green card, corly's obligations will end when his son in law become permanent resident. Lets just agree with citizen, that can also happen in three years.

[Nich-Nick 3,354]

Nivh nick, sorry, I made mistake with i864, it is in the i134 question 11 where you specify the duration and nature of help of the immigrate. So coryl can state his obligations before his son in law comes to the US.

Yes

And when it comes to I 864 during applying for a green card, corly's obligations will end when his son in law become permanent resident.

NO. It is not when he becomes a permanent resident.

[CoryL 2]

Thanks for those clarifying these obligations. I haven't chosen to sign yet, so I'm still checking in here for information...

[KayDeeCee 4,894]

Thanks for those clarifying these obligations. I haven't chosen to sign yet, so I'm still checking in here for information...

Well, Nich-Nick was absolutely correct and the sassy222 person was not. When you sign an I-864, the obligation does not end when they become a permanent resident. You must provide an I-864 in order to become a permanent resident. They would end if the permanent resident becomes a US citizen. The obligations are clearly stated on the form before you sign, and Nich-Nick posted those here.

The I-134 for a K-1 visa is not legally binding, so a co-sponsor should feel safe signing one of those.

The I-864 is legally binding and you should carefully consider before signing it.

If it helps you at all, I have not seen any cases where the government has actually sued a joint sponsor to retrieve public charges of an immigrant.

[Ash.1101 1,756]

Honestly, I would talk to the guy and see how stand up he is.

My mother will be co-sponsoring my fiance, but she's met him multiple times (christmas, her own 60th b-day party, Autism fundraiser walk) and knows he has high work ethic (literally worked every year since he could work and tries his best to take every bit possible) and has been saving extra money since he was able to work to the point he has over 15k saved up.

That and the long relationship with me, his willingness to be there for myself and my daughter who has special needs and is not his, is what got her to agree to sign for this. She knows at the end of the day, for myself and my daughter that he's the best thing for us. She also doesn't have to worry about ending up in the situation of the legally binding document because she trusts me and trusts him to not ever put her in that situation.

Talk to your daughter, try to talk to him, get a feel of the situation and go from there.

Edited May 24, 2015 by ash1101