My daughter recently married a foreign student

[SalishSea 17,837]

On 11/15/2021 at 3:37 PM, Pandora Gadomski said:

I think a person would have to have a lot of audacity and low character to sue their inlaws or former inlaws for financial support if the marriage didn't work out. Most would just go back to their country of origin or support themselves while awaiting citizenship. I still believe it's about trust and how well you know the person. If fear is an issue, maybe get a notarized statement from them claiming they will not try to sue in the event of divorce; "no" is a good response too.

It is not about family lawsuits.  It is about the risk of an immigrant collecting government benefits, and the sponsor being on the hook to repay them.

 

Even if that risk is "low" on paper, some of us just would not be willing to sign such a document for someone we don't know well, or for a non-relative.

[SalishSea 17,837]

13 hours ago, Pandora Gadomski said:

You trust the person you are going to sponsor, you think they are of good moral character,  or you don't

And again:  to be able to evaluate this for someone you either have never met, or perhaps have met, but not spent measurable time with (as is often the case with international relationships), is not always possible.

[Merica-n 65]

On 11/16/2021 at 10:44 PM, Jorgedig said:

It is not about family lawsuits.  It is about the risk of an immigrant collecting government benefits, and the sponsor being on the hook to repay them.

 

From avvo legal guide: https://www.avvo.com/legal-guides/ugc/demanding-support-payments-under-the-i-864-affidavit-of-support

Quote

The I-864 is a binding legal contract where the sponsor promises to provide financial support to the immigrant. If the sponsor stops providing support to the immigrant, the immigrant can bring a lawsuit.

How much financial support must be provided?

The sponsor promises to provide support equal to 125% of the Federal Poverty Guidelines. This is $14,363 annually ($1,197 per month) for a single individual. The immigrant will be able to collect money from the sponsor only if she does not have another source of income. So if the immigrant is earning $2,000 per month, she will not be able to collect I-864 support from her sponsor.

...

The I-864 has an “attorney fee provision." This means that if an immigrant successfully sues a sponsor then she can make him pay for all attorney fees. Lawyers may be willing to take these cases on “contingent fees" meaning they get paid only if you win.

Note:  This was written in 2013, so the 125% of the Federal Poverty Guidelines will be higher.

 

My life experience is that when laws have attorney fee provisions, your ability to find a lawyer will be related to the collectability of the person being sued.

[Hanieta 2]

On 11/7/2021 at 12:19 PM, MistyEyed said:

Hello everyone, my husband and I are distressed concerning our daughter's spouse being upset because we've decided not to co-sponsor his Green card application.

 

They dated for a couple of years and were married last month.  Now they're in the process of applying for his ten-year GC.  Our daughter is also a student and doesn't make enough money to sponsor him on her own.  

 

Initially, we were willing to help, but we are about a decade away from retirement, and after reading the I-864 form, we don't feel comfortable signing.  The financial risk is what concerns us. 

 

He said if we don't sign the application, he can't work and is very upset.  We feel terrible and unsure how to proceed.

You shouldn't feel upset because at the end you and only you should have the final word in what you want to accept and the possible risks you are willing to possibly deal with. But i would try to understand his feelings because he CAN get DEPORTED and get a ban to come back to the US up to 10y or even a life time if he does. He can end up in ICE detention for many months for something simple as not stopping at the stop sign. Im sorry you have to deal with this complicated moral decision. 

[JaEnglishGirl 34]

On 12/11/2021 at 11:12 PM, Hanieta said:

You shouldn't feel upset because at the end you and only you should have the final word in what you want to accept and the possible risks you are willing to possibly deal with. But i would try to understand his feelings because he CAN get DEPORTED and get a ban to come back to the US up to 10y or even a life time if he does. He can end up in ICE detention for many months for something simple as not stopping at the stop sign. Im sorry you have to deal with this complicated moral decision. 

What?? Don't be ridiculous. If he CHOOSES not to respect immigration laws and get deported, that's HIS issue.

I stand by the OP and support their decision...The son-in-law seems to be showing his true colors now he isn't getting the green card he set his heart on...already started emotionally blackmailing his wife in order for her to put the pressure on her parents...I ABSOLUTELY would NO sign.

[Hanieta 2]

4 hours ago, JaEnglishGirl said:

What?? Don't be ridiculous. If he CHOOSES not to respect immigration laws and get deported, that's HIS issue.

I stand by the OP and support their decision...The son-in-law seems to be showing his true colors now he isn't getting the green card he set his heart on...already started emotionally blackmailing his wife in order for her to put the pressure on her parents...I ABSOLUTELY would NO sign.

He is not respecting immigration laws by losing his 2year conditional GC.  You are right i personally would not sign BUT i was making a point by saying they shouldn't be surprised with his reaction. Because he WILL be in a BIG problem after he loses his status. Or he might be put in the removal proceedings if they deny his application. 

[MarJhi 963]

On 11/7/2021 at 10:36 AM, MistyEyed said:

Thank you for the response.  Our daughter is employed but fell short of the financial requirement.

 

Do they require a co-sponsor for a two-year GC?

No offense, but if your daughter is employed and still cannot meet the financial requirement, then she needs to find a BETTER job. There are plenty of jobs out there. I work a retail job stocking shelves overnight and I easily meet the financial requirement on my own. If she loves him, she will do what she has to do. Don't let her pressure you, you aren't marrying him, she is.

[PGA 240]

OK...I'm chiming in on the side of the parents here....if they don't feel comfortable doing it, don't do it! I think many people posting here have a complete misunderstanding of the I-864. There is, as far as I know, no set time limit for when it ends....until that person becomes a citizen, ok, but what if they don't? Until they get so many credits with SS? Yes, there are lawyers out there ready to enforce the commitments of the I-864 ... I have seen them advertised .... and if they're advertising, they're getting profits!

 

The commitment never expires until others make the move.... Honestly, I wouldn't sponsor anyone. I was very, very clear with my my family asking to co-sponsor - going over the form line-by line...and they wouldn't do it.  I honesty don't blame them.

 

Finally, I see many saying, "well, he's going to college" or "they're in college" and will have "great incomes." OK....You seriously expect me to trust college students who seemingly don't understand the entire concept of how student loans work? 

[Bret L Smith 15]

1 hour ago, PGA said:

OK...I'm chiming in on the side of the parents here....if they don't feel comfortable doing it, don't do it! I think many people posting here have a complete misunderstanding of the I-864. There is, as far as I know, no set time limit for when it ends....until that person becomes a citizen, ok, but what if they don't? Until they get so many credits with SS? Yes, there are lawyers out there ready to enforce the commitments of the I-864 ... I have seen them advertised .... and if they're advertising, they're getting profits!

 

The commitment never expires until others make the move.... Honestly, I wouldn't sponsor anyone. I was very, very clear with my my family asking to co-sponsor - going over the form line-by line...and they wouldn't do it.  I honesty don't blame them.

 

Finally, I see many saying, "well, he's going to college" or "they're in college" and will have "great incomes." OK....You seriously expect me to trust college students who seemingly don't understand the entire concept of how student loans work? 

The commitment ends in 10 yeas. 
or until the recipient EITHER:

1) becomes a US citizen

2) earns the required # of Social Security credits

3) leaves the country

 

I don’t know what attorneys you’re talking about that make a lot of money going after somebody because of an affidavit of support commitment.

•••A sponsors responsibility is if the intended immigrant is to take any form of federal government aid. In that case it will only be the federal government coming after you not some private attorney, and that’s IF they decide to come after you. They don’t always.

 

 It’s not as if the immigrant is going to get some judge to award them a lifetime of support from you because they’re too lazy to get a job and care for themselves. That’s not how it is. 

[MarJhi 963]

If you are old enough to get married, then you are old enough to do what YOU need to do to meet the financial responsibility for your spouse. Holding your breath or stomping your feet until mommy and daddy give you what you want is a sure sign of immaturity. The parents know this is the wrong thing to do and don't want to do it, but the threat of alienating their daughter has them frightened. 

[Ontarkie 14,227]

8 hours ago, Bret L Smith said:

The commitment ends in 10 yeas. 
or until the recipient EITHER:

1) becomes a US citizen

2) earns the required # of Social Security credits

3) leaves the country

 

I don’t know what attorneys you’re talking about that make a lot of money going after somebody because of an affidavit of support commitment.

•••A sponsors responsibility is if the intended immigrant is to take any form of federal government aid. In that case it will only be the federal government coming after you not some private attorney, and that’s IF they decide to come after you. They don’t always.

 

 It’s not as if the immigrant is going to get some judge to award them a lifetime of support from you because they’re too lazy to get a job and care for themselves. That’s not how it is. 

You may want to read the forums here. There have been more than a few posts where the AOS has been used against the sponsor in court and not because the government was going after the sponsor. But because a lawyer twisted the terms of the AOS saying it was a promise to keep the immigrant at a certain level. 

 

This is a case of them trying to push family by guilt to start the AOS process. This man has legal status right now and can OPT when he graduates. He will make his own money and start the process then. They don't want to wait. No way on earth would I sign the AOS for someone who is not even using his head that this issue can easily be solved. Instead this so called man is guilting his new wife telling her her parents are ruining his life. SOrry but a grown man should not be having tempter tantrums and attacking his wife. Because that is abuse already showing up this early in the marriage. 

[PGA 240]

On 12/15/2021 at 5:07 AM, Bret L Smith said:

The commitment ends in 10 yeas. 
or until the recipient EITHER:

1) becomes a US citizen

2) earns the required # of Social Security credits

3) leaves the country

Incorrect. The commitment does NOT end in 10 years. The commitment ends generally in 10 years provided that individual has earned 40 work credits toward Social Security (this generally takes 10 years), when person gains citizenship, leaves the country, or dies.

 

I don’t know what attorneys you’re talking about that make a lot of money going after somebody because of an affidavit of support commitment.

•••A sponsors responsibility is if the intended immigrant is to take any form of federal government aid. In that case it will only be the federal government coming after you not some private attorney, and that’s IF they decide to come after you. They don’t always.

Also incorrect in part. The sponsor may be sued by the government or the immigrant depending on circumstances (the government, if they paid for the services, or the immigrant if he/she applied for and were denied the services). Most often, the sponsorship is used in divorce litigation as a means to obtain support for the immigrant.  Yes, you are right...."they don't always" (but I'm sure some do).

 

 

[JaEnglishGirl 34]

On 12/15/2021 at 1:52 AM, Hanieta said:

He is not respecting immigration laws by losing his 2year conditional GC.  You are right i personally would not sign BUT i was making a point by saying they shouldn't be surprised with his reaction. Because he WILL be in a BIG problem after he loses his status. Or he might be put in the removal proceedings if they deny his application. 

Why would they be suprised when they can already see how he is emotionally manipulating their daughter?

[Hanieta 2]

13 hours ago, JaEnglishGirl said:

Why would they be suprised when they can already see how he is emotionally manipulating their daughter?

Maybe she manipulated him by telling him that she will have a sponsor. If not then both of them are just irresponsible.

[iwannaplay54 985]

On 11/7/2021 at 11:36 AM, MistyEyed said:

Thank you for the response.  Our daughter is employed but fell short of the financial requirement.

 

Do they require a co-sponsor for a two-year GC?

Yes

 

This is going to be a hard lesson for both of them but you actually don’t have to be put on the hook for him for what CAN be forever

 

If marriage was more important to her then she needs to step up, put school aside, and get to work.  As noted, a very hard lesson.  SMH