affidavit of support

[visaq123 2]

hi everyone, 

What exactly is the affidavit of support for? I read all the obligations and forum posts but can someone explain it a little more for me? What are examples of times I or my joint sponsor would have to pay for my soon to be husband?

[aaron2020 11,651]

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

[debbiedoo 2,339]

Essentially, if he were to ever file for means tested benefits the government can make you pay for those costs. Getting a divorce does not absolve you (or you co sponsor) from that obligation. This can last up to 10 years.

[visaq123 2]

2 hours ago, debbiedoo said:

Essentially, if he were to ever file for means tested benefits the government can make you pay for those costs. Getting a divorce does not absolve you (or you co sponsor) from that obligation. This can last up to 10 years.

what are those ?

[debbiedoo 2,339]

https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

 

Benefits Subject to Public Charge Consideration

USCIS guidance specifies that cash assistance for income maintenance includes Supplemental Security Income (SSI), cash assistance from the Temporary Assistance for Needy Families (TANF) program and state or local cash assistance programs for income maintenance, often called “general assistance” programs. Acceptance of these forms of public cash assistance could make a noncitizen inadmissible as a public charge if all other criteria are met. However, the mere receipt of these benefits does not automatically make an individual inadmissible, ineligible to adjust status to lawful permanent resident, or deportable on public charge grounds. See “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 FR 28689 (May 26, 1999). Each determination is made on a case-by-case basis in the context of the totality of the circumstances.
In addition, public assistance, including Medicaid, that is used to support aliens who reside in an institution for long-term care – such as a nursing home or mental health institution – may also be considered as an adverse factor in the totality of the circumstances for purposes of public charge determinations. Short-term institutionalization for rehabilitation is not subject to public charge consideration.

[Lebanese23 303]

To summarize it in basic terms. you/your joint sponsor are responsible of your fiance financially until they receive their citizenship or leave the country or die.  divorce doesn't grant you freedom, you brought him here you take care of them. period!

[visaq123 2]

12 minutes ago, Lebanese23 said:

To summarize it in basic terms. you/your joint sponsor are responsible of your fiance financially until they receive their citizenship or leave the country or die.  divorce doesn't grant you freedom, you brought him here you take care of them. period!

I guess I am just confused because we already split finances...he will be working and having to contribute so I’m just confused if there is like an extra thing i’m missing. my joint sponsor is worried they will be paying fees 

[Lebanese23 303]

12 minutes ago, visaq123 said:

I guess I am just confused because we already split finances...he will be working and having to contribute so I’m just confused if there is like an extra thing i’m missing. my joint sponsor is worried they will be paying fees 

you as a petitioner must show proof that you can support your fiance and prevent him/her from being a burden on taxpayers. but if you can't, then that's where a joint sponsor comes in. they help you financially i guess temporary(consider them your support for 90 days).  so if you bring your fiance here, you have 90 days to marry and apply for AOS(then a new/same joint sponsor will be used for the AOS application as well), if you cant afford the fee for AOS for example, your joint sponsor can help pay for that or a lawyer or whatever finances you aren't able to complete. your joint sponsor is pretty much your backup. you may or may not ever use them.

 

 

[Greenbaum 12,259]

A joint sponsor has just as much stake in this as the petitioner. Both are held accountable. It's rare that we hear anyone be held accountable but with some of the new "ideas" being kicked around the Trump administration my get tougher on these laws. Just saying.

[Unlockable 7,314]

1 hour ago, visaq123 said:

I guess I am just confused because we already split finances...he will be working and having to contribute so I’m just confused if there is like an extra thing i’m missing. my joint sponsor is worried they will be paying fees 

It is nothing personal. It is a CYA for the US government. Yes, things are fine now with you and your husband but just in case things go south this is a way to ensure he, or other immigrants aren't left to fend for themselves. And trust me, VJ has seen plenty of stories where new immigrants are brought over and things quickly go bad and they are left here without any family, friends, or funds to help them. Like someone was already alluding to, if it wasn't for you, your husband wouldn't be coming here, so why should the American government (or rather tax payers) pay to take care of him if you don't. The last sentence is just how the they see it.

 

I can see the reasoning, to be honest.

[databit 328]

NO! THE OBLIGATION AS A SPONSOR DOES NOT AUTOMATICALLY STOP AFTER 10 YEARS!

 

People keep quoting 10 years as some magic number. The alien is under NO obligation to ever become a citizen, or under NO obligation to ever work enough (40 quarters or about 10 years of full-time employment) to qualify for Social Security or Medicare. The responsibility for the alien can be life-long!

Edited November 19, 2019 by databit

[Ed&Midori1031 330]

17 hours ago, visaq123 said:

hi everyone, 

What exactly is the affidavit of support for? I read all the obligations and forum posts but can someone explain it a little more for me? What are examples of times I or my joint sponsor would have to pay for my soon to be husband?

Proof that you can support your soon to be wife, basically. 

[debbiedoo 2,339]

6 hours ago, Lebanese23 said:

you as a petitioner must show proof that you can support your fiance and prevent him/her from being a burden on taxpayers. but if you can't, then that's where a joint sponsor comes in. they help you financially i guess temporary(consider them your support for 90 days).  so if you bring your fiance here, you have 90 days to marry and apply for AOS(then a new/same joint sponsor will be used for the AOS application as well), if you cant afford the fee for AOS for example, your joint sponsor can help pay for that or a lawyer or whatever finances you aren't able to complete. your joint sponsor is pretty much your backup. you may or may not ever use them.

 

 

That strike through i added is NOT the responsibility of the joint sponsor. They may DO that (if addled in the head) but they are under NO obligation to do so. It is YOUR responsibility as the petitioner to support the immigrant and cover their immigration costs. If one can not afford to do so, they should not petition for the beneficiary. The joint sponsor is ONLY responsible in the case the beneficiary becomes a public charge before they are allowed to use those benefits (ie: have worked enough or become a citizen)

4 hours ago, databit said:

NO! THE OBLIGATION AS A SPONSOR DOES NOT AUTOMATICALLY STOP AFTER 10 YEARS!

 

People keep quoting 10 years as some magic number. The alien is under NO obligation to ever become a citizen, or under NO obligation to ever work enough (40 quarters or about 10 years of full-time employment) to qualify for Social Security or Medicare. The responsibility for the alien can be life-long!

This is true, and you are right, is often forgotten (I typically dont add that disclaimer either, so I admit guilt there!)

[Lebanese23 303]

15 hours ago, debbiedoo said:

That strike through i added is NOT the responsibility of the joint sponsor. They may DO that (if addled in the head) but they are under NO obligation to do so. It is YOUR responsibility as the petitioner to support the immigrant and cover their immigration costs. If one can not afford to do so, they should not petition for the beneficiary. The joint sponsor is ONLY responsible in the case the beneficiary becomes a public charge before they are allowed to use those benefits (ie: have worked enough or become a citizen)

This is true, and you are right, is often forgotten (I typically dont add that disclaimer either, so I admit guilt there!)

right of course if you don't have money as a citizen, don't bring someone to this country. but some people are not that simple and can take advantage of the situation. If i was the joint sponsor, the sooner they become a citizen, the better for my own sake.

[debbiedoo 2,339]

2 hours ago, Lebanese23 said:

right of course if you don't have money as a citizen, don't bring someone to this country. but some people are not that simple and can take advantage of the situation. If i was the joint sponsor, the sooner they become a citizen, the better for my own sake.

Personally I dont think joint sponsors should be allowed at all (except under very specific extenuating circumstances), but yanno ... uscis doesnt care what I think LMAO