Terrified of signing I-864 Affidavit of Support

[KhailTowers 3]

I just got married last year to a wonderful woman from my parents home country.

She had no interest in coming to the US. However, now we need to move here, and I've had to convince her to move to the US with me and leave her family.

She has accepted moving here, but after finding out about the I-864 Affidavit of Support, I am now terrified of signing it and sponsoring her to come here.

Anything could happen with the marriage in the future, and I could be on the hook for a lifetime of financial support if we get divorced (It doesn't end after 10 years as most possible think).

It seems this form also incentivizes sponsored immigrants to not work & not get their citizenship (As you'd have to keep supporting them financially)

Has anybody also struggled with signing this form and ended up just moving to a different country with their spouse as a result of it?

[TBoneTX 44,439]

27 minutes ago, KhailTowers said:

Anything could happen with the marriage in the future

Are there warning signs?  The big three are Abuse, Addiction, and Affairs.

Financial strife is a big factor in many divorces.

Her reluctance is another big consideration.  In many cultures, family is everything.  What country?

27 minutes ago, KhailTowers said:

I am now terrified of signing it and sponsoring her to come here.

Your choices are:

 1.  Bite the bullet and sign the form.

 2.  Weigh benefit against risk and proceed as your head and gut indicate.

27 minutes ago, KhailTowers said:

I could be on the hook for a lifetime of financial support

The form essentially says that you're contracting with the U.S. government to be financially responsible for public benefits that the immigrant might receive after a divorce.  In a few instances, judges have ordered the petitioner to support the immigrant on the basis of the I-864.  This is not the intent of the form.

27 minutes ago, KhailTowers said:

a wonderful woman

You say the above, but you also say:

27 minutes ago, KhailTowers said:

I've had to convince her to move to the US with me and leave her family  [...] I am now terrified of signing it and sponsoring her to come here.  Anything could happen with the marriage in the future, and I could be on the hook for a lifetime of financial support [...] It seems this form also incentivizes sponsored immigrants to not work & not get their citizenship  [...] Has anybody also struggled with signing this form [...]?

Only you can decide, but some in this forum would recommend that you listen to yourself and recognize that you've perhaps already made your decision.

 

Edited to add:  If you're in Texas and plan to remain, it's a community-property state, so she would get half of commingled funds and property if you were to divorce.

Edited March 1, 2023 by TBoneTX

[beloved_dingo 1,973]

33 minutes ago, KhailTowers said:

I just got married last year to a wonderful woman from my parents home country.

She had no interest in coming to the US. However, now we need to move here, and I've had to convince her to move to the US with me and leave her family.

She has accepted moving here, but after finding out about the I-864 Affidavit of Support, I am now terrified of signing it and sponsoring her to come here.

Anything could happen with the marriage in the future, and I could be on the hook for a lifetime of financial support if we get divorced (It doesn't end after 10 years as most possible think).

It seems this form also incentivizes sponsored immigrants to not work & not get their citizenship (As you'd have to keep supporting them financially)

Has anybody also struggled with signing this form and ended up just moving to a different country with their spouse as a result of it?

First, to address this statement: "I could be on the hook for a lifetime of financial support if we get divorced (It doesn't end after 10 years as most possible think)."

 

The I-864 obligation ends if the immigrant becomes a U.S. Citizen or is credited with 40 quarters of work (which is usually 10 years). So, yes the obligation CAN last longer than 10 years, but it won't if either of these conditions are met. 

 

Second, I disagree that the I-864 "incentivizes sponsored immigrants to not work" but I won't debate that. In your situation only one immigrant matters. This immigrant is also your wife. What causes you to fear that in the event of a divorce, that she would stop working? Does she not have a desire to work or a good work ethic?

Edited March 1, 2023 by beloved_dingo

[Sarah&Facundo 587]

To be honest, I've never thought of the form as a way to incentivize immigrants to not work. It never crossed my mind and I signed that form 5 years ago!

 

It's just releasing the burden off the government/taxpayers. If you choose to bring someone foreign into the country, that's fine, but they are YOUR responsibility and not that of the US tax payers. I find it fair, personally. 

[Boiler 44,700]

 

[h02ejmajja 55]

Hospitals and other healthcare providers have a huge burden of providing medical care to immigrants who may not have traditional US insurance, and are not able to work / not eligible for medicaid - estimated at $35 billion yearly for the past decade or so. I've been an RN for 20 years and regularly, even in my midwest city, see immigrants who have been visiting and have had serious injuries or illnesses. I'm sure COVID did not help this healthcare burden. Wanting you to be able to sponsor your spouse doesnt mean you are responsible if she wants a new purse or to go to get her nails done with friends - it means that you will sponsor her so she does not end up relying on Medicaid for healthcare, or SNAP/TANF for food/cash assistance. Additionally, if she becomes a citizen (eligible 3 years after entry/green card into the US) then your I-864 is null and void at that time. I was nervous signing it too - no one goes into a marriage thinking "what if I get divorced?" but we all know that marriage can be difficult for everyone. Ultimately though, if you don't sign it, your marriage can't continue in the US. 

 

[pushbrk 12,542]

2 hours ago, KhailTowers said:

I just got married last year to a wonderful woman from my parents home country.

She had no interest in coming to the US. However, now we need to move here, and I've had to convince her to move to the US with me and leave her family.

She has accepted moving here, but after finding out about the I-864 Affidavit of Support, I am now terrified of signing it and sponsoring her to come here.

Anything could happen with the marriage in the future, and I could be on the hook for a lifetime of financial support if we get divorced (It doesn't end after 10 years as most possible think).

It seems this form also incentivizes sponsored immigrants to not work & not get their citizenship (As you'd have to keep supporting them financially)

Has anybody also struggled with signing this form and ended up just moving to a different country with their spouse as a result of it?

You understand the issues well.  Now, you must make a decision based on your trust level.  If you decide to bring your spouse to the USA to live, there is no way around this form.  Trust is the key here and only you can evaluated your trust level.

 

Yes, one could say the contract incentivizes an immigrant.... or one could say it incentivizes the petitioner to make the marriage work. 

Edited March 1, 2023 by pushbrk

[TBoneTX 44,439]

KhailTowers, one winning piece of advice on this website is, "Listen to pushbrk."

[Calicolom 265]

4 hours ago, KhailTowers said:

I just got married last year to a wonderful woman from my parents home country.

She had no interest in coming to the US. However, now we need to move here, and I've had to convince her to move to the US with me and leave her family.

She has accepted moving here, but after finding out about the I-864 Affidavit of Support, I am now terrified of signing it and sponsoring her to come here.

Anything could happen with the marriage in the future, and I could be on the hook for a lifetime of financial support if we get divorced (It doesn't end after 10 years as most possible think).

It seems this form also incentivizes sponsored immigrants to not work & not get their citizenship (As you'd have to keep supporting them financially)

Has anybody also struggled with signing this form and ended up just moving to a different country with their spouse as a result of it?

It is terrifying to sign your financial life away. Think very hard about it.

[Kanja 201]

I don’t know if anyone that has ever been on the hook. I think the system is too big and confusing for them to actually hold folks accountable. But you are smart to think carefully and think twice about it. 

[Bob in Boston 656]

The 864 is nothing compaired to what the divorce courts in the US will do to you. Research what can happen to you if you get divorced here. alimoney and child support can clean you out bigtime. Medical insurance is easy, just keep a family plan.

[Crazy Cat 41,010]

It is easy to "What if......" yourself crazy early in this process.  Among immigration things to worry about, this should be quite low on the list for most folks.  Relationship issues are another topic altogether.  "Terrified" to sign the I-864 is not a good sign for the relationship.

Edited March 1, 2023 by Crazy Cat

[Rocio0010 5,579]

12 hours ago, KhailTowers said:

and I've had to convince her to move to the US with me and leave her family.

Red flag #1 imho. Seems like she’s not ready to start a new life with you. 
The I-864 is not much compared to always having to convince your spouse to put you first. I’d trust my instinct.

[BLC 112]

56 minutes ago, Bob in Boston said:

Medical insurance is easy, just keep a family plan.

Not too easy if you’re lower middle class, so it would be a valid concern. Covering a family on an employer sponsored health plan can easily wipe out someone’s entire paycheck. Most employers only partially cover the premiums for their employees, not their families, that comes at the employees expense. 

[carmel34 3,574]

The I-864 is rarely enforced, USCIS has other priorities.  Even if they did enforce it in the future, it would be to require you to reimburse the government for a very specific list of public benefits, and then only if your spouse used any of those benefits.  The primary purpose of the I-864 is to ensure that the petitioner (and joint sponsor if necessary) has the financial means to support the intending immigrant.  If you are already thinking about the risk of divorce after your spouse arrives in the USA, the much bigger financial risk to you is a division of your assets and the potential that you have to pay alimony for months or years on top of that.  Do you have a  pre-nup?

Edited March 1, 2023 by carmel34