Do we even need the I-864? Confused.

[LeonieJensen 0]

Hello,

 

My husband (US citizen) and I (German citizen) are trying to move to the US. We currently live in Germany, my husband has a residence permit, which means we're filing from Germany, over the USCIS in Frankfurt, via DCF.

 

We've filled out the I-130, added all the required documents as well as photos and the G-325As and sent it to the consulate. This was only a few days ago so we haven't gotten a response yet. The filing fee has been booked from my husband's back account, which means it's processing.

I've read through several sources on the topic and almost all of them say that the I-864 is required for all family-based immigrations. We have asked my husband's father to sign it, as my husband doesn't have a job in the US, who consulted a lawyer before signing. Said lawyer only very briefly adressed the I-864, telling my father-in-law not to sign it as it brings huge responsibiliy, and then went on to tell him that we should just fill out the I-130 and send that. The I-864 was also not on the checklist for the I-130

 

So if it's not on the checklist, that means we don't need it... right? The lawyer also said not to sign it. But we're honestly very confused as most other sources say it's required. Is it different for us because we're filing from outside the US? Will we need to file it once we're in the US? Or are we going to get a letter from the USCIS asking us to send the I-864 after all?

[NikLR 13,231]

~~moved to DCF from bringing family members of USC to the USA.~~

 

ALL immigrants require some kind of I-864 affidavit of support.  Your husband, as a USC, must sign one.  If he is not currently working in the USA nor have the assets to sponsor you, then he will need a joint sponsor.  As you are doing DCF your process is different than the normal IR1/CR1 process.  

[LeonieJensen 0]

4 minutes ago, NikLR said:

 

ALL immigrants require some kind of I-864 affidavit of support.  Your husband, as a USC, must sign one.  If he is not currently working in the USA nor have the assets to sponsor you, then he will need a joint sponsor.  As you are doing DCF your process is different than the normal IR1/CR1 process.  

 

Then why wasn't it on the checklist? The list had everything, The G-235A, all the documents required, where to file and how to pay the fee, but not a single mention of the I-864. The whole website of the Frankfurt USCIS doesn't mention it, only outside sources.

Edited March 17, 2017 by LeonieJensen

[NikLR 13,231]

You'll need at at interview at the very least. 

[NikLR 13,231]

Why it's not mentioned, I haven't a clue.  Hopefully someone who has done dcf through frankfurt recently can help you soon. 

[millefleur 5,047]

I see what happened here: you're confusing the "first part" of DCF with the "second part".

 

The I-864 is required after your I-130 is approved.

 

The fact that your lawyer didn't point this out makes me question his/her abilities. I would cross-reference any advice they give you here on VJ.

 

So, wait until your I-130 is approved. Once you get your approval and case number, you start working on the I-864. Not sure how it is in Germany, but here we will submit it at the final interview. Double check with other DCFers in Germany and I'm sure you'll figure out when exactly they'll require you to submit the I-864.

[LeonieJensen 0]

1 hour ago, millefleur said:

I see what happened here: you're confusing the "first part" of DCF with the "second part".

 

The I-864 is required after your I-130 is approved.

 

The fact that your lawyer didn't point this out makes me question his/her abilities. I would cross-reference any advice they give you here on VJ.

 

So, wait until your I-130 is approved. Once you get your approval and case number, you start working on the I-864. Not sure how it is in Germany, but here we will submit it at the final interview. Double check with other DCFers in Germany and I'm sure you'll figure out when exactly they'll require you to submit the I-864.

ooohh! Thank you very much, that explains a lot.

 

Yeah, the lawyer seemed off to me too. My father-in-law consulted him specifically to clear up the I-864 and he barely even mentioned it. We told him to get a second opinion, as the lawyer made it sound like you're dedicating your life to an immigrant, whereas most people I've spoken to that have gone through the process have told me that it really isn't that big of a deal.

[patriot10 11]

While filing I-130, the I-864 is not asked for while filing DCF.  

Rest assured, once your petition is approved and an interview is schudeled, the I-864 is MUST.

Either the petitioner can file it, if he/she has US based income above certain thresholds as specified on I-864P and IRS tax transcripts to prove it and if one does not, then you will have to get a joint petitioner who qualifies for the same.

 

I-864 is hence a must better to convince your father in law to help you out. 

The liability of having filed an affidavit of support for a beneficiary remains UNTIL the beneficiary attains US citizenship, dies or gives up the green card.

As long as the beneficiary does not become some sort of public charge or does not use/misuse any government aid (like medicaid or other social benefits) the sponsor has not much to worry about.

[Haltom Family 40]

8 hours ago, LeonieJensen said:

ooohh! Thank you very much, that explains a lot.

 

Yeah, the lawyer seemed off to me too. My father-in-law consulted him specifically to clear up the I-864 and he barely even mentioned it. We told him to get a second opinion, as the lawyer made it sound like you're dedicating your life to an immigrant, whereas most people I've spoken to that have gone through the process have told me that it really isn't that big of a deal.

Hi Leonie,

 

Glad that *millefleur already expand the explanations regarding the I-864 Affidavit of  Support. 

 

Most of the lawyers and those who are knowledgeable with immigration law will give the same advise to those who will consult them for professional reason that it will backfire to them (according to what we experienced) .  Of course giving them a benefit of the doubt and wit their professional backgrounds, they will give the most practical advise for those who will inquire to them.  Its like shouldering a "future" financial obligations and giving any government agency the access to sued you and harvest your assets through that signature if the sponsored immigrant become financially  liable and receiving means tested benefits from and to any government agencies. 

 

And yes you are right when you said this sound like you're dedicating your life to an immigrant and YES for those who aren't aware of Federal paper works and newbie for them its really a BIG DEAL for whoever will sign that form will carry a HUGE FINANCIAL RESPONSIBILITY for another person coming to US to immigrate or live permanently.  The financial failure of the one being sponsored mostly if it directly affects the government or become dependent with the US government might harvest the assets of the one who signed it.  

 

"An affidavit of support is legally enforceable; the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or can be credited with 40 quarters of work (usually 10 years)." Cited:  https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support

 

We encountered your situation before, they took the lawyer advised and didn't sign our papers that resulted to DENIAL which resulted to repeating the process and asking AGAIN the same persons  to sign the forms and this time praise God they WILL sign it because they have seen the consequences of NOT signing it and vice versa.  So, we suggest that aside of letting them talk with the lawyer, or ask for another opinion.   Pray for their hearts, and talk with them and be more knowledgeable on the process and why a need for them to sign it.  Their support as your in laws is a blessing not just to the processed the papers and be approved but mostly to your marriage to avoid harboring bitterness and denial in the future.  And all I-130 DCF processing I believe have the same standards of paper works and requirements set by USCIS.

 

God bless you and will link here a lot of resources for your references:

 

From USCIS-US EMBASSY MANILA:

Please note, however, that if you were to pursue an immigrant visa, you would still have to meet the Affidavit of Support requirements to be eligible to receive that visa.  More information on those requirements can be found on the Department of State website at https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html and on the USCIS website at https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support.

http://sentimentsofmoonlightbutterfly.blogspirit.com/archive/2016/05/20/our-cr1-visa-dcf-journey.html

Hope this will help you.

 

 

Edited March 18, 2017 by Haltom Family

[millefleur 5,047]

While the I-864 sounds overwhelming when you look at the actual logistics of it, it's fairly common, especially for younger couples.

 

In my case, we used my mother as a joint sponsor. A lot of people I know personally, if not most, ended up using a parent or sibling as a joint sponsor. So, it might sound scary, but for most people it's very standard and typical. Don't worry too much about it. As long as the father-in-law is willing to help in a worst case scenario situation, it should be fine.

[Haltom Family 40]

6 minutes ago, millefleur said:

While the I-864 sounds overwhelming when you look at the actual logistics of it, it's fairly common, especially for younger couples.

 

In my case, we used my mother as a joint sponsor. A lot of people I know personally, if not most, ended up using a parent or sibling as a joint sponsor. So, it might sound scary, but for most people it's very standard and typical. Don't worry too much about it. As long as the father-in-law is willing to help in a worst case scenario situation, it should be fine.

That's right.  Well said.  Two-way communication is very important, but don't ignore the legalities.  Like I said, its very important to talk with them and consider their feedback.  In addition, I haven't heard any news that put the sponsor in financial jeopardy.  This process is more than a decades so it will work out.  Communication is important.