Questions about Affidavit of Support and how it affects Spouse of Sponsor

[SkruDe 311]

Hello all,

 

So my wife takes her oath to become a US Citizen in 2 weeks. One goal of hers was always bringing her parents here.

 

My wife's brother, lives in the USA, and is a born US Citizen.  He is 19. Both my wife and my wife's brother want to bring their parents to the US.

 

My wife's brother recently went to a lawyer who told him that my wife should be the petitioner (due to her age being over 21). My wife is a full-time student, has no income.

 

So the lawyer told my wife's brother that he (the brother) can be the financial sponsor. Since sponsors only need to be 18 years old or older to sign the Affidavit of Support.

 

So, now we have this situation where my wife, as the petitioner, would require a co-sponsor, her brother.  He makes 125% of poverty level for all household members, including the mom + dad. But he doesn't live in the same State as my wife.

 

The questions become:

1.) My wife and I file "married filing joint" tax returns. She has no income, she is a student. Our income, bank accounts, savings, it's all together in shared accounts.  So does that mean MY income, as her husband, is automatically counted and used for these calculations as HER income?  Meaning the brother won't even be needed for the co-sponsor? Would USCIS automatically drop him?

2.) If my wife becomes sponsor, and my wife's brother becomes co-sponsor, how am I affected by being the spouse of the sponsor?  How are sponsors spouses affected by this legal obligation?  Especially since our finances are tied together?

 

I hope I explained clear enough.  The point I am trying to get across is that if my wife and her brother petition and sponsor their parents, I want no legal commitment, I want no financial responsibility, I want nothing to do with it on legal paper. of course I'll help off the record, but I have no interest in being roped into anything. So, I am concerned that because my wife and I technically have a shared income, that I become on the hook for the parents through my wife.

 

So I know this situation probably requires lawyer advice, and I just literally mentioned my wife's brother talked to a lawyer, but A.) My wife and her brother aren't on speaking terms, so everything is coming second hand through the parents back and forth (stupid I know), and B.) I don't like / don't agree with the lawyers advice to say to my wifes brother that he can be the sponsor. I feel if my wife petitions SHE IS THE SPONSOR, and the brother is a co-sponsor.  But again, technically, my wife through me, has the finances, so I don't want her stuck all alone on this.

 

Thoughts? Advice? 

[Chancy 6,241]

24 minutes ago, SkruDe said:

I feel if my wife petitions SHE IS THE SPONSOR, and the brother is a co-sponsor.

 

You are correct -- as the petitioner, your wife will always be the primary financial sponsor.  Her brother can be the joint sponsor.  If they each sign I-864 affidavit of support forms and your in-laws migrate to the US, both your wife and her brother will be on the hook for them financially.

 

Technically, your wife is not required to use your income for the I-864.  BUT, many consul officers ask the spouse of a sponsor for written confirmation (in the form of a signed I-864A) that they agree to the use of their conjugal resources to sponsor the intending immigrant(s).  If this happens at your in-laws' visa interview, then they will not be granted visas unless you sign that I-864A contract.

 

Even if the consul officer does not require an I-864A from you, as you are married, your wife will still have access to your shared resources.  If you are not comfortable with the financial responsibility of sponsoring new immigrants, you and your wife might want to reconsider if petitioning her parents is a good idea at this time.  How about putting off the petition until her brother turns 21?  Assuming he continues to earn enough income, he can be their petitioner and sole sponsor.  That way, you will not have any legal responsibility to financially support your in-laws.

 

[SkruDe 311]

41 minutes ago, Chancy said:

 

You are correct -- as the petitioner, your wife will always be the primary financial sponsor.  Her brother can be the joint sponsor.  If they each sign I-864 affidavit of support forms and your in-laws migrate to the US, both your wife and her brother will be on the hook for them financially.

 

Technically, your wife is not required to use your income for the I-864.  BUT, many consul officers ask the spouse of a sponsor for written confirmation (in the form of a signed I-864A) that they agree to the use of their conjugal resources to sponsor the intending immigrant(s).  If this happens at your in-laws' visa interview, then they will not be granted visas unless you sign that I-864A contract.

 

Even if the consul officer does not require an I-864A from you, as you are married, your wife will still have access to your shared resources.  If you are not comfortable with the financial responsibility of sponsoring new immigrants, you and your wife might want to reconsider if petitioning her parents is a good idea at this time.  How about putting off the petition until her brother turns 21?  Assuming he continues to earn enough income, he can be their petitioner and sole sponsor.  That way, you will not have any legal responsibility to financially support your in-laws.

 

Hi there.  Thank you for this response.  I never knew about this I-864A form. This is first time I've ever heard of it, thank you very much for bringing this to my attention. 

 

I fully support my wife and her brother in their good will wishes to bring their parents to the US. But, I will not be involved in it, because my liability and responsibility lies with my wife and I and our life together. I'm not worried about my wife having access to our shared resources, I trust her very much and we have a very trustworthy and communicative relationship, my worry is the government deeming our shared resources as hers, without my signed consent (I-864), due to our marriage. My wife is very worried that if she signs an I-864 with her brother, that if anything goes wrong, it will affect me directly and bring me into it. Because we share resources.  Even if I don't co-sponsor legally in ink.

 

As a married couple I have this feeling, my wife and I both do, that if she petitions and sponsors, that automatically through our marriage, means I'm the sponsor too which puts me on the hook.  If something bad happens I want to be able to protect and keep my wife held up.  I don't want to be dragged down with her where I can't protect her. That's ultimately my concern.

 

But I agree, really the best thing is wait two more years and let the brother do it on his own.  Colombia is becoming a terrible and dangerous place. Especially in Bogota. So, there has been some... urgency (for lack of a better word?) to help the parents out of that bad situation.