Affidavit of Support and runaway step son

[rootcause 0]

Hi all long time member but using a throwaway to protect the innocent. Anyway long story short, I sponsored my mother in law and my wife's oldest son (stepson) to come to the US. Which they did successfully about five months ago. Yesterday my stepson ran away to California (from Virginia). We have no idea who he is with or how he even got there but he is there.

Question: I am responsible for his support as I am the sponsor (affidavit of support is in my name). Where do my responsibilities lie now? What can happen if he gets in trouble, gets sick, etc while he is on his own? My wife and I are freaking out and we are trying to get ahold of him to convince him to come back to Virginia. He had a job here, I was about to get him health insurance and a car and now this. Can this new family that took him in take over as the sponsors?

He does have his passport and Social Security card but he left his green card at home, as well as his birth certificates and other official documents.

Any advice other than go see a immigration lawyer (which I will).

Edited August 24, 2016 by rootcause

[Georgia16 2,858]

No they can't take over now that is on you.

How old is he?

Since all his documents are there then he will have to make contact to you at some point he needs his GC if he gets a job there.

[rootcause 0]

He is 19, soon to be 20 (27 Aug).

[Georgia16 2,858]

I really can't see what you need a lawyer for? .... He is an adult so even though it was not nice done on his part at all unfortunately there is nothing you can do.

You are on the hook for him as the sponsor and unfortunately nothing you can do about it.

[belinda63 3,020]

He is an adult. You are responsible for him per the affidavit of support.

[lost_at_sea 995]

Agree. You can't change the affidavit of support and, as an adult, he can go wherever he likes.

Edited August 24, 2016 by lost_at_sea

[Lemonslice 4,708]

Hi all long time member but using a throwaway to protect the innocent. Anyway long story short, I sponsored my mother in law and my wife's oldest son (stepson) to come to the US. Which they did successfully about five months ago. Yesterday my stepson ran away to California (from Virginia). We have no idea who he is with or how he even got there but he is there.

Question: I am responsible for his support as I am the sponsor (affidavit of support is in my name). Where do my responsibilities lie now? What can happen if he gets in trouble, gets sick, etc while he is on his own? My wife and I are freaking out and we are trying to get ahold of him to convince him to come back to Virginia. He had a job here, I was about to get him health insurance and a car and now this. Can this new family that took him in take over as the sponsors?

He does have his passport and Social Security card but he left his green card at home, as well as his birth certificates and other official documents.

Any advice other than go see a immigration lawyer (which I will).

I am confused about you knowing where he is or not. Why would you need to see an immigration lawyer though?

I suggest you send him his green card (it is his) if he contacts you - something with a tracking number so it reaches him safely - making it easier for him to become independent and not rely on you [from your message, it is unclear if you want to help him out or not, but if you do, tell him he is also welcome to come back home... ]

[rootcause 0]

I know he is in California after asking his family members who put him up to this. Basically I know where he is but not what city, etc. I know he is with cousins. I told his mom he is welcome to come home but we need to send him his green card and birth cert so he can get a job and follow through with his decision to be on his own.

I am concerned about what I'm responsible for as he doesn't have health care as I was just in the process of setting that up. If he goes to the hospital and gets a huge bill am I responsible for that debt? I'm going to still get him health care but I need his SS card which he took and right now we can't reach him to talk this through.

[lost_at_sea 995]

Yes - you are responsible for his support, including some bills he may incur. If he can't pay for them, or he gets a means-tested benefit, they can come and get it from you - although it seems rare for them to come after sponsors from my cursory googling on the subject.

If you read the small print on the I-864 (part 8 - sponsor's contract), you can see what you're liable for (just liable, doesn't mean they'll definitely come for the money, but that's the agreement you made).

Edited August 24, 2016 by lost_at_sea

[lost_at_sea 995]

In my googling, I found this to be a fairly good explanation:

"The Sponsor’s Obligations

The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant -- the immigrant could decide to quit a job and sue the sponsor for support.

When the government sues the sponsor, it can collect enough money to reimburse any public agencies that have given public benefits to the immigrant. When the immigrant sues, he or she can collect enough money to bring his or her income up to 125% of the amount listed in the U.S. government’s Poverty Guidelines (as shown in the chart in Form I-864P).

The sponsor’s responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States. If the immigrant has already been living in the U.S. and earned work credits before applying for the green card, those count toward the 40."

via http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-5.html

[squareleg 69]

Yes, you are responsible.

Redundant question - you note that you sponsored him.

[f f 725]

if you have the option, keep him on your medical insurance since if he does go to the hospital and they come after you. you can say he was insured so the insurance can reimburse them and you pay the copay.

[EM_Vandaveer 2,387]

I don't see how he'd be responsible for his stepson's potential medical bills. Stepson is an adult. If he incurs debt, medical or otherwise, it'd be in his own name.

[lost_at_sea 995]

I don't see how he'd be responsible for his stepson's potential medical bills. Stepson is an adult. If he incurs debt, medical or otherwise, it'd be in his own name.

It would be - but as the stepson has an agreement via the I-864 with the sponsor, the stepson is allowed to sue the sponsor for support (up to the 125% poverty guideline amount that the sponsor agreed to cover). I mean - it doesn't seem to ever actually HAPPEN, but the I-864 says that the sponsor will provide all necessary finance to support the beneficiary up to the poverty amounts. It's nothing to do with him being adult or not.

[f f 725]

age is irrelevant to this it is 10 years or so or becomes a citizen. the reason I mentioned medical insurance is because if he gets any means tested medical benefits then the sponsor is on the hook but if he was insured if the person knows it or not the sponsor at least can tell the means tested benffit he got to bill it to insurance and just come after them for the copay.