Nullifying Affidavit of Support I-864

[time_is_treasure 3]

Preface: By searching in this forum and online, I understand that as a joint sponsor in I-864 for an approved and green card issued Family Petition (I-130) IR5, I am responsible until the sponsored immigrant:

• Becomes a U.S. citizen
• Can be credited with 40 qualifying quarters of work in the United States
• Ceases to be a lawful permanent resident
• Sponsored immigrant dies

 

Question: I am posting here my situation to understand if I have any remedy under bullet point #3. What are different scenarios that someone loses their permanent residency? 

 

Situation: I agreed to become a joint sponsor of my in-laws after they stated they were retiring and just wanted to be close to their daughter as well as help care for any upcoming grandkids. They all claimed that they didn't have the need to work as they will be getting pension payments and just wanted to spend time with their daughter.

 

Shortly after arriving, not even two weeks in, they started desperately wanting to find work to earn "leisure"money. At times becoming aggressive for not finding jobs as is not an easy feat around these parts when they don't speak English. We finally started placing them in jobs, which they couldn't keep for more than couple of months. They found the jobs too hard, paid little or didn't give them weekends off. Six months in, they were talking non-stop about relatives in NYC living in very affordable apartments, free health care, paid less taxes and had a "card" for free groceries. Ultimately, they wanted to move there. I explained that it was very likely their relatives were obtaining public aid and committing tax evasion, something they were not allowed to do as I was a join sponsor.

 

Because of the behavior above, I asked them to move out into an apartment in town and hopefully by having expenses, it would incentivize them to be less picky with their jobs. It worked. However, after two years and half, they called it quit and decided to quit their jobs, end their lease, sell their car and left for their home country on the other side of the planet with no intentions to return as they own an apartment there.

 

Two weeks ago and 5 months after leaving, their daughter noticed a new background during their video call. Sunlight was accidentally let into the room. That's when they confessed they had returned to the U.S without telling us. They refuse to tell us where exactly they are but we have intel that they are in NYC.

 

I have a high degree of confidence that they will not pass the citizenship test and they will become a public charge sooner or later and is concerning how secretive they are despite knowing that we are sponsors.

 

I've learned my lesson about sponsorship and I before I seek a lawyer, I am brainstorming for any options available that would release me from any responsibility for their actions.

 

 

 

 

Edited October 8, 2021 by time_is_treasure
added details

[Demise 1,289]

54 minutes ago, time_is_treasure said:

 

Question: I am posting here my situation to understand if I have any remedy under bullet point #3. What are different scenarios that someone loses their permanent residency? 

Leave for 1+ year (2+ years with re-entry permit).

Leave and voluntarily surrender your green card.

Get ordered deported and then actually physically leave US via voluntary or involuntary means.

 

For the most part, unless they're criminals you can't get rid of them unless they voluntarily leave.

 

That being said, the only "means tested" federal benefits that exist are:

• Supplemental Security Income (SSI)
• SNAP (aka Foodstamps)
• TANF
• Medicaid (nonemergency)
• CHIP

They are not eligible to partake in them until they've lived in US for at least 5 years. You are not liable for any other benefits they end up taking (e.g. NY's own safety net). Considering that they are not eligible for 5 years, which is the time required for naturalization, at point of which your obligations would end, if they want to live being welfare leeches I wouldn't really worry about it, whatever they can get you're not on the hook for, and regarding the above 5 just make sure they learn enough English and civics to get through the naturalization interview.

Edited October 8, 2021 by Demise

[SalishSea 17,837]

2 hours ago, time_is_treasure said:

Preface: By searching in this forum and online, I understand that as a joint sponsor in I-864 for an approved and green card issued Family Petition (I-130) IR5, I am responsible until the sponsored immigrant:

• Becomes a U.S. citizen
• Can be credited with 40 qualifying quarters of work in the United States
• Ceases to be a lawful permanent resident
• Sponsored immigrant dies

 

Question: I am posting here my situation to understand if I have any remedy under bullet point #3. What are different scenarios that someone loses their permanent residency? 

 

Situation: I agreed to become a joint sponsor of my in-laws after they stated they were retiring and just wanted to be close to their daughter as well as help care for any upcoming grandkids. They all claimed that they didn't have the need to work as they will be getting pension payments and just wanted to spend time with their daughter.

 

Shortly after arriving, not even two weeks in, they started desperately wanting to find work to earn "leisure"money. At times becoming aggressive for not finding jobs as is not an easy feat around these parts when they don't speak English. We finally started placing them in jobs, which they couldn't keep for more than couple of months. They found the jobs too hard, paid little or didn't give them weekends off. Six months in, they were talking non-stop about relatives in NYC living in very affordable apartments, free health care, paid less taxes and had a "card" for free groceries. Ultimately, they wanted to move there. I explained that it was very likely their relatives were obtaining public aid and committing tax evasion, something they were not allowed to do as I was a join sponsor.

 

Because of the behavior above, I asked them to move out into an apartment in town and hopefully by having expenses, it would incentivize them to be less picky with their jobs. It worked. However, after two years and half, they called it quit and decided to quit their jobs, end their lease, sell their car and left for their home country on the other side of the planet with no intentions to return as they own an apartment there.

 

Two weeks ago and 5 months after leaving, their daughter noticed a new background during their video call. Sunlight was accidentally let into the room. That's when they confessed they had returned to the U.S without telling us. They refuse to tell us where exactly they are but we have intel that they are in NYC.

 

I have a high degree of confidence that they will not pass the citizenship test and they will become a public charge sooner or later and is concerning how secretive they are despite knowing that we are sponsors.

 

I've learned my lesson about sponsorship and I before I seek a lawyer, I am brainstorming for any options available that would release me from any responsibility for their actions.

 

 

 

 

This post should be PINNED for all who seem to consider sponsorship to be a casual arrangement.

 

OP, I am very sorry for your situation, and I wish you all the best going forward.

[Joe Kano 327]

I have never seen USCIS come after a person for being a sponsor or co sponsor.  This is a dog with no bite for the most part.

 

If you sponsor or cosponsor a person the USCIS will never inform you they got their citizenship or they paid paid their 40 quarterly taxes, etc.

 

I understand your concern, but in reality you have nothing to worry about.  I have sponsored a few people myself.

[time_is_treasure 3]

9 hours ago, Demise said:

Leave for 1+ year (2+ years with re-entry permit).

Leave and voluntarily surrender your green card.

Get ordered deported and then actually physically leave US via voluntary or involuntary means.

 

For the most part, unless they're criminals you can't get rid of them unless they voluntarily leave.

 

That being said, the only "means tested" federal benefits that exist are:

• Supplemental Security Income (SSI)
• SNAP (aka Foodstamps)
• TANF
• Medicaid (nonemergency)
• CHIP

They are not eligible to partake in them until they've lived in US for at least 5 years. You are not liable for any other benefits they end up taking (e.g. NY's own safety net). Considering that they are not eligible for 5 years, which is the time required for naturalization, at point of which your obligations would end, if they want to live being welfare leeches I wouldn't really worry about it, whatever they can get you're not on the hook for, and regarding the above 5 just make sure they learn enough English and civics to get through the naturalization interview.

Thank you!  Knowing the limitations and the limited number of federal benefits that could impact a sponsor is a relieve.

 

We will see what we can do to ensure that they are studying for the naturalization interview as they have severed communications with her daughter. 

 

I appreciate your response!

 

[time_is_treasure 3]

7 hours ago, Jorgedig said:

This post should be PINNED for all who seem to consider sponsorship to be a casual arrangement.

 

OP, I am very sorry for your situation, and I wish you all the best going forward.

Thank you. It's definitely something to take seriously because even if historically the duties of sponsors have not been enforced, still a contractual obligation that can be enforced in the future. It's a difficult decision as it involves family. If everything goes well, it is rewarding to help family to be together and also enable relatives to seek better economic opportunities, otherwise the concern lingers in the back of your mind.

 

At the beginning everything everything is rainbows and unicorns. Make sure to factor in the possibility of thunderstorms or a tornado. I've known my in-laws for 10 years at the time I signed up to be a sponsor. No amount of vetting predicted this human behavior change. In retrospective, I should've helped them meet the financial requirements without relying on the affidavit of support. 

[time_is_treasure 3]

58 minutes ago, Joe Kano said:

I have never seen USCIS come after a person for being a sponsor or co sponsor.  This is a dog with no bite for the most part.

 

If you sponsor or cosponsor a person the USCIS will never inform you they got their citizenship or they paid paid their 40 quarterly taxes, etc.

 

I understand your concern, but in reality you have nothing to worry about.  I have sponsored a few people myself.

Thank you. I hope this is the case. I've read in this forum and others where desperate or malicious sponsored relatives have used the document for black mailing purposes.

Definitely something to take more seriously in the future as politics in the country becomes more polarized and enforcements not done in the past, being enforced. 

[Mike E 11,739]

@time_is_treasure 
 

You can employ them for 40 quarters (give or take since they have SS credits for some of their jobs).  

[African Zealot 1,455]

Dang! Those are some sneaky inconsiderate in-laws!  As someone said, help them get citizenship as soon as they’re eligible!

[Joe Kano 327]

1 hour ago, African Zealot said:

Dang! Those are some sneaky inconsiderate in-laws!  As someone said, help them get citizenship as soon as they’re eligible!

I would work on getting them booted out of the country instead, no need to reward a person for that type of behavior

[aaron2020 11,651]

1 minute ago, Joe Kano said:

I would work on getting them booted out of the country instead, no need to reward a person for that type of behavior

How would they go about that?  On what basis would the in-laws be booted out of the country?  

[Joe Kano 327]

16 minutes ago, aaron2020 said:

How would they go about that?  On what basis would the in-laws be booted out of the country?  

If you read the OP first post it sounds like they are planning on breaking laws, such as "committing tax evasion" and I am sure they may plan on doing other illegal things while in the USA.  It's the OP family and for the OP to find their faults and crimes and report them.  

[aaron2020 11,651]

27 minutes ago, Joe Kano said:

If you read the OP first post it sounds like they are planning on breaking laws, such as "committing tax evasion" and I am sure they may plan on doing other illegal things while in the USA.  It's the OP family and for the OP to find their faults and crimes and report them.  

There is no mechanism for the I-864 sponsors to "boot" the in-laws out of the country.   

[African Zealot 1,455]

3 hours ago, Joe Kano said:

If you read the OP first post it sounds like they are planning on breaking laws, such as "committing tax evasion" and I am sure they may plan on doing other illegal things while in the USA.  It's the OP family and for the OP to find their faults and crimes and report them.  

If wishes were horses 🐎 we would all be riding. 

[time_is_treasure 3]

8 hours ago, Joe Kano said:

I would work on getting them booted out of the country instead, no need to reward a person for that type of behavior

That would be the last resource. As you mentioned in another reply, they may receive ill advice over there that could lead to a deportable offense. However, that would be extreme case as at the end of the day they are still the people who brought my wife to this world.