Spouse threatens divorce if I don't sign I-864a!

[Darnell 8,478]

anyone can sign a 2nd I-864, but if not a household member, the I-864-A isn't usable.

Please tell us, exactly, where in the 'chase a visa' timeline this relative is at, and what's the relationship between your spouse and this relative ?

Edited August 24, 2015 by Darnell

[Kelvavik 1]

although what you've posted is correct,

they will chase after the human first that signed the I-864 until USCIS/DHS lost their lawsuit against them,

then (and only then)

come after you.

Who has the I-864 to sign? (not the -A) .

That's how I thought it worked. My spouse would be signing the I-864 and I'd be the co-sponsor. But is it correct that they'd come after me even if I no longer had any ties to my spouse (e.g. she follows through and actually divorces)?

[Umka36 781]

Thanks for putting it in that perspective. She's also said I can have full custody of our child if she goes ahead and files the divorce. I could be wrong, but it seems to me it's an empty thread engineered to put as much fear in my as she can possibly put (she's of the impression I wouldn't want full custody of the child).

Unfortunately, I would be more concerned about your relationship than signing the I-864a. I don't know about your relationship, but it doesn't sound right when using a child to get your way.

Edited August 24, 2015 by Umka36

[Ortolan 381]

That she threatens you like this is a terrible thing to do to a spouse.

You saying sometimes you give in when she threatens divorce...not a good precedent. Egad...if she leaves, she leaves.

[Kelvavik 1]

anyone can sign a 2nd I-864, but if not a household member, the I-864-A isn't usable.

Please tell us, exactly, where in the 'chase a visa' timeline this relative is at, and what's the relationship between your spouse and this relative ?

The point I was getting at is it appears as if a co-sponsor must be a household member (see http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf). But can you provide a source which says the primary sponsor doesn't need to be a relative of the immigrant?

I'm not exactly sure where in the 'chase a visa' timeline the relative is at. The relative is my wife's mother.

[Darnell 8,478]

That's how I thought it worked. My spouse would be signing the I-864 and I'd be the co-sponsor. But is it correct that they'd come after me even if I no longer had any ties to my spouse (e.g. she follows through and actually divorces)?

yup.

but what happened prior?

1. bill presentation to I-864 signer

2. meeting at local USCIS office

3. I-864 signer refuse to pay

4. I-864 signer gets wage-garnishment for several years

5. I-864 signer declares bankruptcy

and then, only then, will they come after you. This could take years, as it takes 2 to 3 years for DHS to wake up and seek renumeration (the step 0 not listed)

but - bear in mind, that the use of any means-tested benefits (which you are on the hook for) is extremely rare in Texas, as each entity that issues federal-level benefits based on applicants income ALWAYS checks for citizenship status. An LPR, a greencard holder, is not eligible for this stuff until after 5 years of holding LPR status. So, that's an extra five years that you not have to worry about this crup.

Remember - it's not a form signifying that you will support the intending immigrant at 125 percent of the poverty guidelines. Instead, what yer signing is a contract to repay the federal government IF the intending immigrant actually uses federal-level means-tested-benefits. In Texas, it's impossible, as the immigrant's status is looked at inside the SAVE database each and every time.

[Lowlie 191]

If I had a spouse who threated to divorce me if I didn't go along with this, I would go ahead and file for divorce myself, right away.

Obviously you were being used, and still being used just for the purpose of getting foreigners into the USA.

[Kelvavik 1]

Quite sad to hear your story... If it were me, I would divorce, and then see how she proceeds with the 864... just for kicks! She's not worth it, either way. My take: DON'T sign that thing!

Given the way she's responded when I indicated I wouldn't sign the I864a, her reaction sealed the deal that I won't be signing it.

[Darnell 8,478]

The point I was getting at is it appears as if a co-sponsor must be a household member (see http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf). But can you provide a source which says the primary sponsor doesn't need to be a relative of the immigrant?

I'm not exactly sure where in the 'chase a visa' timeline the relative is at. The relative is my wife's mother.

new label for ya: joint sponsor - this can be anyone outside of the household that qualifies. anyone. A joint sponsor signs a 2nd I-864 (the first I-864 was signed by your wife)

---

ok - so it's the Mom. At this point, I'd say, just capitulate about it, and not worry. Mom will be living with you folk anyway, so your signature (in the big picture) isn't the larger issue to accomodate.

[Umka36 781]

The point I was getting at is it appears as if a co-sponsor must be a household member (see http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf). But can you provide a source which says the primary sponsor doesn't need to be a relative of the immigrant?

I'm not exactly sure where in the 'chase a visa' timeline the relative is at. The relative is my wife's mother.

Your wife would always be the primary (you or another US PR/citizen would be secondary).

From the instructions for I-864: "A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant." (page 12 of the I-864 instruction)

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

[Kelvavik 1]

yup.

but what happened prior?

1. bill presentation to I-864 signer

2. meeting at local USCIS office

3. I-864 signer refuse to pay

4. I-864 signer gets wage-garnishment for several years

5. I-864 signer declares bankruptcy

and then, only then, will they come after you. This could take years, as it takes 2 to 3 years for DHS to wake up and seek renumeration (the step 0 not listed)

but - bear in mind, that the use of any means-tested benefits (which you are on the hook for) is extremely rare in Texas, as each entity that issues federal-level benefits based on applicants income ALWAYS checks for citizenship status. An LPR, a greencard holder, is not eligible for this stuff until after 5 years of holding LPR status. So, that's an extra five years that you not have to worry about this crup.

Remember - it's not a form signifying that you will support the intending immigrant at 125 percent of the poverty guidelines. Instead, what yer signing is a contract to repay the federal government IF the intending immigrant actually uses federal-level means-tested-benefits. In Texas, it's impossible, as the immigrant's status is looked at inside the SAVE database each and every time.

Thanks for your contribution. Can you please cite your source for #s 1 through #5. Thanks :-)

[Darnell 8,478]

The point I was getting at is it appears as if a co-sponsor must be a household member (see http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf). But can you provide a source which says the primary sponsor doesn't need to be a relative of the immigrant?

I'm not exactly sure where in the 'chase a visa' timeline the relative is at. The relative is my wife's mother.

clarity - for an IR-5, the primary sponsor, I-864 signer, is the USCitizen child. That's it, that's all.

Thanks for your contribution. Can you please cite your source for #s 1 through #5. Thanks :-)

Nope. I study various things over the YEARS, what I've written was the distilled gist of stuff.

[Kelvavik 1]

Your wife would always be the primary (you or another US PR/citizen would be secondary).

From the instructions for I-864: "A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant." (page 12 of the I-864 instruction)

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

http://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

That's interesting. I suppose such a co-sponsor wouldn't sign an I-864a, but a different form - as the instructions for I-864a clearly say it must be a household member. What is the other form such a co-sponsor would sign?

[Joshua@Tinz 52]

You already have all the info man. I would just like to extend some sort of condolence, for lack of a better word at the moment, because that sucks buddy. Hope you guys make it thru it alright, but signing that I-864a is a big deal in my eyes. Without even thinking about the legal problems you could have if said relatives were to need government assistance. Do you really want to support them when they get here? Especially when she tries to force you to do it in this way? No need to answer I just wanted to share my thoughts. Best wishes to you and good luck.

[Umka36 781]

The I-864a (I-864 and I-864a are two different forms) is used if you want to combine income/assets for a household. What your wife would do is complete the I-864 by herself even if she does not meet the poverty guideline. The joint sponsor would complete a separate I-864, and they would be considered the secondary sponsor.

http://www.uscis.gov/i-864a

http://www.uscis.gov/i-864