I864 Affidavit of support - can it be withdrawn

[Linesy 1]

My adult step-son was granted a green card in 2015 and we have had nothing but trouble since he arrived.  His father and I are at our wits end and I had to file an affidavit of support for his application and my question is whether you have the ability to withdraw it?  I can’t imagine having to be financially responsible for him for another six years 🤮😫.

 

Any advice is very much appreciated.

 

 

[little immigrant 801]

No. 

[JFH 12,190]

No you can't, but I don't think you understand what you have signed. You are not "financially responsible" in terms of being required to feed and clothe him. He's an adult and those responsibilities are his. You are responsible for paying back the government for any public assistance he may receive (such as Medicaid) whilst he is a green card holder. If he doesn't claim anything, you won't have to pay anything. He will be eligible for citizenship in 2 years if he has been a green card holder for 3 years already. If the decides to become a citizen, the sponsorship ends.

[geowrian 22,337]

I'll just add 2 things...

1. It's not 10 years. It's 40 quarters of qualifying work credits. This could be in 5 years or less if they can claim another's work credits in addition to their own, or it could be forever if they don't work. It also terminates when they lose their green card, either of you pass away, or when they become a US citizen.
2. The I-864 not only permits the government requiring payback of certain means-tested public benefits, but it is also a contract requiring that they maintain at least 125% of the federal poverty level in support. See the I-864 (https://www.uscis.gov/sites/default/files/files/form/i-864.pdf page 6):
   "What Does Signing Form I-864 Require Me To Do?

   If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, you must:

   A. Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces or U.S. Coast Guard, and the person is your husband, wife, or unmarried child under 21 years of age); and"...

Edited September 6, 2018 by geowrian

[Linesy 1]

1 hour ago, JFH said:

No you can't, but I don't think you understand what you have signed. You are not "financially responsible" in terms of being required to feed and clothe him. He's an adult and those responsibilities are his. You are responsible for paying back the government for any public assistance he may receive (such as Medicaid) whilst he is a green card holder. If he doesn't claim anything, you won't have to pay anything. He will be eligible for citizenship in 2 years if he has been a green card holder for 3 years already. If the decides to become a citizen, the sponsorship ends.

 

Thank you for the response.  Totally understand what I signed but this kid (adult) falsifies his taxes, refuses to work during the winter so collects unemployment  because that’s what his work buddies do, so I’ve been garnished.  Can’t take much more.  Thanks again.

[SusieQQQ 11,586]

33 minutes ago, Linesy said:

 

Thank you for the response.  Totally understand what I signed but this kid (adult) falsifies his taxes, refuses to work during the winter so collects unemployment  because that’s what his work buddies do, so I’ve been garnished.  Can’t take much more.  Thanks again.

Well if he falsifies his taxes and you can prove it, he can get kicked out for that.  One of the duties of a green card holder is to pay the IRS what it’s due. I believe the IRS has a tipline, though I don’t quite know how it all works.

 

Are you sure the garnishee orders are all legal by the way?

 

Sorry for your troubles - this sounds like a nightmare situation. 

 

Edited September 7, 2018 by SusieQQQ

[Linesy 1]

No court process just a demand notice showing what had been paid out to him.

[SusieQQQ 11,586]

8 minutes ago, Linesy said:

No court process just a demand notice showing what had been paid out to him.

From the state, or..? I’m just trying to understand who is garnishing you for what.

[Linesy 1]

MA, repayment of unemployment and medical claimed during.

[SusieQQQ 11,586]

Ok. That sucks. Sheesh. Especially that they allow him to claim benefits in the first place then get them back from you, rather than just denying them to him.

 

many people here seem under the impression that no one ever comes after you for an i864 but clearly that’s not the case.

[Linesy 1]

Oh they do.  Thanks for chatting, I’m going crazy here.  I wanted to help bring him here for my husband (who had only an overseas, phone relationship with him since childhood) and the huge expense to bring him here too, but the heartache and stress caused is overwhelming 😭. The latest was walking into our cell provider and walking out with a $1000 phone charged against my cellphone account. 😵

[Boiler 45,571]

Odd Unemployment is not a means tested benefit it is earned.

[Linesy 1]

You’re right, I didn’t mean the unemployment itself but the benefits he received whilst on unemployment

[Boiler 45,571]

Unemployment is an earned benefit, not something the I 864 would cover. Unemployments premiums are paid by the Employer.

 

How was he able to get a phone on your account?

Edited September 7, 2018 by Boiler

[Linesy 1]

We added him to our family

plan.  I’m fighting the provider now but as he ‘s over 21, and guessed his dads PIN number they assumed he had authority the change and purchase.  After stern words with hubby about making his pin so easy to guess, I expect he’ll be making up a harder pin now 🤦🏽‍♀️