Affidavit Of Support question

[karma60 0]

I think I read somewhere that affidavit of support ceases to be binding on the USC spouse when the non-USC spouse becomes a USC ( say 3 years after obtaining GC).

Is that true?

Anyone please elaborate.

Thanks

[sunset2005 0]

The obligation does end after a certain amount of time, i do remember reading that on the Affidavit of Support. I just cant remember when. I wish i could be more helpful.

I think I read somewhere that affidavit of support ceases to be binding on the USC spouse when the non-USC spouse becomes a USC ( say 3 years after obtaining GC).

Is that true?

Anyone please elaborate.

Thanks

[MargotDarko 0]

I think I read somewhere that affidavit of support ceases to be binding on the USC spouse when the non-USC spouse becomes a USC ( say 3 years after obtaining GC).

Is that true?

Anyone please elaborate.

Thanks

Yes, once the foreign spouse becomes a USC, the affidavit of support is no longer binding.

[karma60 0]

Thanks MargotDarko.

Could you ( or anyone else) also please tell me why is the affidavit of support such a big deal anyway?

What is the worst that could happen if the alien spouse has a good health insurance cover?

I think I read somewhere that affidavit of support ceases to be binding on the USC spouse when the non-USC spouse becomes a USC ( say 3 years after obtaining GC).

Is that true?

Anyone please elaborate.

Thanks

Yes, once the foreign spouse becomes a USC, the affidavit of support is no longer binding.

[MargotDarko 0]

Thanks MargotDarko.

Could you ( or anyone else) also please tell me why is the affidavit of support such a big deal anyway?

What is the worst that could happen if the alien spouse has a good health insurance cover?

I think I read somewhere that affidavit of support ceases to be binding on the USC spouse when the non-USC spouse becomes a USC ( say 3 years after obtaining GC).

Is that true?

Anyone please elaborate.

Thanks

Yes, once the foreign spouse becomes a USC, the affidavit of support is no longer binding.

I don't know all the in's and out's of it, but by signing you're saying that you're financially responsible for the beneficiary.

As long as the couple remains together and happy, the affidavit of support never really comes into play since you'll naturally just take care of each other.

[karma60 0]

Could anyone please tell me what are the situations the Affidavit of support can be used against the USC who signed it ?

And what is the worst that can happen?

Thanks

Thanks MargotDarko.

Could you ( or anyone else) also please tell me why is the affidavit of support such a big deal anyway?

What is the worst that could happen if the alien spouse has a good health insurance cover?

I think I read somewhere that affidavit of support ceases to be binding on the USC spouse when the non-USC spouse becomes a USC ( say 3 years after obtaining GC).

Is that true?

Anyone please elaborate.

Thanks

Yes, once the foreign spouse becomes a USC, the affidavit of support is no longer binding.

I don't know all the in's and out's of it, but by signing you're saying that you're financially responsible for the beneficiary.

As long as the couple remains together and happy, the affidavit of support never really comes into play since you'll naturally just take care of each other.

[Yodrak 7]

72maureen,

No, the obligation does not end after a certain amount of time. It can be ended by any 1 of 6 events taking place, none of which are associated with a fixed period of time.

Yodrak

The obligation does end after a certain amount of time, i do remember reading that on the Affidavit of Support. I just cant remember when. I wish i could be more helpful.

[Yodrak 7]

karma60,

Two situations can cause the affidavit to be used against you:

- the alien has no income and sues you for the promised support, or

- a government agency that has given the alien means-tested benefits sues you to recover what they have given.

The worst that can happen is that the court finds you responsible for up to 125% of the poverty level for the past shortage of support or benefits provided, plus the plaintiff's costs to sue you and collect the awarded monies.

Yodrak

Could anyone please tell me what are the situations the Affidavit of support can be used against the USC who signed it ?

And what is the worst that can happen?

Thanks

[kins 0]

The obligation comes to an end if...

the US citizen dies

the UK citizen dies

the UK citizen becomes a US citizen

the UK citizen pays 40 quarters of social security contributions

Divorce does NOT bring it to an end.

That's all I can remember...

[taco2 0]

Yodrak, what could happen in case of a parent of a US Citizen ?

Let us say the immigrant parent of a US citizen is hospitalized for long periods and the insurance cover runs out. Would the hospital come after the US citizen ,who signed the I-864 for the parent , to pay what was not covered by insurance?

What if the hospitalization is prolonged and the uncovered bills run into few hundred thousand $? In reality, would the US citizen's assets like home be at risk?

karma60,

Two situations can cause the affidavit to be used against you:

- the alien has no income and sues you for the promised support, or

- a government agency that has given the alien means-tested benefits sues you to recover what they have given.

The worst that can happen is that the court finds you responsible for up to 125% of the poverty level for the past shortage of support or benefits provided, plus the plaintiff's costs to sue you and collect the awarded monies.

Yodrak

Could anyone please tell me what are the situations the Affidavit of support can be used against the USC who signed it ?

And what is the worst that can happen?

Thanks

[Yodrak 7]

kins,

Point of clarification: the US citizen dies and the estate is settled - until the estate is settled it remains responsible for the deceased's obligations.

Other ways that the obligation ends:

- the alien leaves the USA and abandons their LPR status

- the alien goes into removal procedings but applies for and is granted a new adjustment of status on the basis of another affidavit of support, if applicable.

Yodrak

The obligation comes to an end if...

the US citizen dies

the UK citizen dies

the UK citizen becomes a US citizen

the UK citizen pays 40 quarters of social security contributions

Divorce does NOT bring it to an end.

That's all I can remember...

[karma60 0]

Do these govt agency suits actually happen?

karma60,

Two situations can cause the affidavit to be used against you:

- the alien has no income and sues you for the promised support, or

- a government agency that has given the alien means-tested benefits sues you to recover what they have given.

The worst that can happen is that the court finds you responsible for up to 125% of the poverty level for the past shortage of support or benefits provided, plus the plaintiff's costs to sue you and collect the awarded monies.

Yodrak

Could anyone please tell me what are the situations the Affidavit of support can be used against the USC who signed it ?

And what is the worst that can happen?

Thanks

[Yodrak 7]

taco2,

The affidavit of support is to provide the immigrant with a minimum level of income. It is not to cover the immigrant's bills.

Hospital bills are not means-tested government benefits.

Yodrak

Yodrak, what could happen in case of a parent of a US Citizen ?

Let us say the immigrant parent of a US citizen is hospitalized for long periods and the insurance cover runs out. Would the hospital come after the US citizen ,who signed the I-864 for the parent , to pay what was not covered by insurance?

What if the hospitalization is prolonged and the uncovered bills run into few hundred thousand $? In reality, would the US citizen's assets like home be at risk?

[Yodrak 7]

karma,

I haven't seen any suits by the government. But then, perhaps government agencies can recover the money in other ways or perhaps if they're 'dumb enough' to give aid to someone who's not entitled to it they are also dumb enough to not be able to figure out what they've done so as to try to recover the money.

I have seen a handful of suits by the sponsored alien against their sponsor.

Yodrak

Do these govt agency suits actually happen?

karma60,

Two situations can cause the affidavit to be used against you:

- the alien has no income and sues you for the promised support, or

- a government agency that has given the alien means-tested benefits sues you to recover what they have given.

The worst that can happen is that the court finds you responsible for up to 125% of the poverty level for the past shortage of support or benefits provided, plus the plaintiff's costs to sue you and collect the awarded monies.

Yodrak

Could anyone please tell me what are the situations the Affidavit of support can be used against the USC who signed it ?

And what is the worst that can happen?

Thanks

[taco2 0]

Oh! thanks a lot, yodrak.

By the way, in practice , what does the hospital do if the parent is chronically hospitalized and no one can pay the bills.Or if the parent is discharged and no one can pay the bills?

taco2,

The affidavit of support is to provide the immigrant with a minimum level of income. It is not to cover the immigrant's bills.

Hospital bills are not means-tested government benefits.

Yodrak

Yodrak, what could happen in case of a parent of a US Citizen ?

Let us say the immigrant parent of a US citizen is hospitalized for long periods and the insurance cover runs out. Would the hospital come after the US citizen ,who signed the I-864 for the parent , to pay what was not covered by insurance?

What if the hospitalization is prolonged and the uncovered bills run into few hundred thousand $? In reality, would the US citizen's assets like home be at risk?