I-864 Questions

[dog500 0]

My wife and I just submitted forms I-130, 1-485, 1-765 and I-131 to the USCIS.

Problem is the the I-864!

I don't have problems with qualifying etc. however, reading the potential ramifications scares the heck out of me.

I currently love my wife very much and want to be with her, however I know from experience that present intentions can turn south very quickly.

As I understand the I-864, this contract obligates me to pay for her support if she chooses to.. a)not become a citizen b) not leave the country), © sit around on her duff all day -before she reaches 40 quarters of work ...and have me pay for her 125% of poverty level FOR LIFE..

Under no circumstances is there is any way in h***, I would ever sign anything that agrees to that!

So....the questions are:

- Is there any way to get around my signing the I-864? Can she ever get AOS without an approved I-864?

- Does the fact of the submitted I-130 make me liable, even though I never submitted/signed an I-864?

[landr 126]

Which visa is she adjusting from?

No, there's no way you can get around signing the I-864 if you want your wife to become a legal permanent resident. Pretty much, no I-864 = no AOS.

Major exceptions: original petitioner dies or in cases of abuse - a substitute sponsor can be used or she may be able to adjust status herself.

The I-130 is only a form asking for permission to apply for a visa for an alien spouse.

Does your wife know that you have these objections? I know that my husband and I would have to have serious words if he refused to sign the I-864. I'd be wondering exactly what was going through his head when he said his marriage vows. If I were you, I'd talk to your wife about this.

Edited November 4, 2014 by landr

[aleful 1,905]

hi

no, you are wrong, you don't have to pay for support. the i864 in case your wife received means tested government aid and if the government comes after you.

You shouldn't have sent the packet without the i864. now you will get an RFE requesting you send the i864 and they will give you a time limit to submit the form with documents

now if she goes after you for alimony, that's not because of i864 and you don't have to pay the over the poverty guidelines. it is if she received government aid that she isn't entitled to, and the government requires you to pay it back

[dog500 0]

Which visa is she adjusting from?

No, there's no way you can get around signing the I-864 if you want your wife to become a legal permanent resident. Pretty much, no I-864 = no AOS.

Major exceptions: original petitioner dies or in cases of abuse - a substitute sponsor can be used or she may be able to adjust status herself.

The I-130 is only a form asking for permission to apply for a visa for an alien spouse.

Does your wife know that you have these objections? I know that my husband and I would have to have serious words if he refused to sign the I-864. I'd be wondering exactly what was going through his head when he said his marriage vows. If I were you, I'd talk to your wife about this.

Thanks for the quick reply!

She is adjusting from a B-2 Visa

I can't believe there is no way around this! I have to sign this form, even if she finds another sponsor or has enough income/assets to sponsor herself?

If I knew about the draconian (and in my view....VERY VERY unfair) terms of the I-864, there probably would never had been vows. How would your husband feel if the currently unthinkable divorce would ever occur, and he knew that you could be sitting on a beach in Mexico all day, with your new husband and just waiting for your ex-husband's check annual check to roll in?

[sweetswinks 400]

Thanks for the quick reply!

She is adjusting from a B-2 Visa

I can't believe there is no way around this! I have to sign this form, even if she finds another sponsor or has enough income/assets to sponsor herself?

If I knew about the draconian (and in my view....VERY VERY unfair) terms of the I-864, there probably would never had been vows. How would your husband feel if the currently unthinkable divorce would ever occur, and he knew that you could be sitting on a beach in Mexico all day, with your new husband and just waiting for your ex-husband's check annual check to roll in?

It doesn't work that way. If you were to divorce her and she was in Mexico, the i864 is null and void. Do you understand that you are not signing a prenuptial agreement here? It's basically a form to state that she will not seek government benefits and if she did then you are responsible for her.

[aleful 1,905]

hi

you're still wrong, and you don't want to understand that the i864 isn't paying her alimony or sending her a check every month.

it's in case she applies for means tested benefits and the government want you to repay them, it's the responsibility of the petitioner unto the US Government, to prove that she won't become a public charge when she becomes a LPR

[dog500 0]

hi

you're still wrong, and you don't want to understand that the i864 isn't paying her alimony or sending her a check every month.

it's in case she applies for means tested benefits and the government want you to repay them, it's the responsibility of the petitioner unto the US Government, to prove that she won't become a public charge when she becomes a LPR

I know the government can sue you to repay benefits rec'd that's pretty obvious!. However the spouse can also sue you based on the I-864 if they are below the 125% poverty level...this is some research.

According to this and about 100 other citations, the spouse OR the gov't can sue you

"The Superior Court held that the I-864 Affidavit of Support memorializing husband's commitment to support his wife at a minimum baseline level was relevant evidence upon which the trial court ought to have deviated from the support guidelines. Id. The Court further directed the trial court to follow the holding in the New Jersey case of Naik v. Naik, 944 A.2d 713 (N.J. Super 2008), according to which the sponsor's obligation to provide additional support to the immigrant spouse pursuant to the Affidavit of Support would be triggered only when the immigrant spouse's income from all available sources falls below 125 percent of the Federal Poverty Guidelines. Id. at 717-718. Additionally, the Court held that the trial court erred in holding that the immigrant spouse's "earning capacity" could be counted as "income" against the sponsor's support obligations: "We conclude that including a theoretical earning capacity in [the calculation of the immigrant spouse's income] vitiates the purpose of the sponsorship obligation since the imputed figure does not rectify the need for an otherwise impoverished immigrant to rely upon means-tested public benefits programs to satisfy his or her basic needs." Love v. Love, 33 A.3d at 1278.

[dog500 0]

It doesn't work that way. If you were to divorce her and she was in Mexico, the i864 is null and void. Do you understand that you are not signing a prenuptial agreement here? It's basically a form to state that she will not seek government benefits and if she did then you are responsible for her.

OK..forget the Mexico thing (although I meant on vacation). Let's put the beach at California

Read the form again/do some research. The I-864 does not say only the government can sue....the spouse can sue you as well

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Umka36 781]

If you look it at the other way around, it would also not be fair to put the burden on the US public since we have no say in which spouse you marry/bring over. Whether you agree with it or not, no I-864 = no AOS for your spouse.

[landr 126]

Thanks for the quick reply!

She is adjusting from a B-2 Visa

I can't believe there is no way around this! I have to sign this form, even if she finds another sponsor or has enough income/assets to sponsor herself?

If I knew about the draconian (and in my view....VERY VERY unfair) terms of the I-864, there probably would never had been vows. How would your husband feel if the currently unthinkable divorce would ever occur, and he knew that you could be sitting on a beach in Mexico all day, with your new husband and just waiting for your ex-husband's check annual check to roll in?

It's not a perfect system, unfortunately. The government has designated these hoops for us to jump through, so jump we must. We have very little choice when it comes to the hoops themselves: this is what we must do to be together.

As Aleful wrote, since you've already sent your AOS package without the I-864, you'll get an RFE requesting that you send the I-864. If you don't send it, then it will lead to a denial of your application/petition (no refund). Once your wife's B-2 visa expires, she'll be overstaying. Not only is the threat of deportation hanging over her head, she'll have problems working legally, travelling internationally, etc. Are you really okay with this?

If you're not willing to jump through the US immigration hoops and assuming that divorce is not on the table right now, then you don't have a lot of options if you both want to remain in the US with minimal restrictions.

Edited November 4, 2014 by landr

[dog500 0]

If you look it at the other way around, it would also not be fair to put the burden on the US public since we have no say in which spouse you marry/bring over. Whether you agree with it or not, no I-864 = no AOS for your spouse.

Umka..I understand why the US gov't wants to put something like this in place...just wish it wasn't so harsh on the petitioner. If the beneficiary can prove they can support themself, they should be able to self-sponsor, or their should at least be a limit on the potential petitioner liability (5years or something, but life??) Oh well..I'm preaching to the choir

It's not a perfect system, unfortunately. The government has designated these hoops for us to jump through, so jump we must. We have very little choice when it comes to the hoops themselves: this is what we must do to be together.

As Aleful wrote, since you've already sent your AOS package without the I-864, you'll get an RFE requesting that you send the I-864. If you don't send it, then it will lead to a denial of your application/petition (no refund). Once your wife's B-2 visa expires, she'll be overstaying. Not only is the threat of deportation hanging over her head, she'll have problems working legally, travelling internationally, etc. Are you really okay with this?

If you're not willing to jump through the US immigration hoops and assuming that divorce is not on the table right now, then you don't have a lot of options if you both want to remain in the US with minimal restrictions.

Yeah, it's their ballgame and they make the rules... it doesn't seem like much I can do about it. I have some serious thinking to do!!!

[Jon York 156]

Geesh, if I couldn't sign that for my wife, I wouldn't marry her.

[Brian&Larissa 73]

The length is not for life...it is for 10 years. At least that is what I remember. Yes we have to do this. Alimony is could be longer! No signed form = no AOS. Your choice, but it is a sacriface we have to make. Yes, a gamble, too.

[mymarley 14]

hi may I ask how many months the validity of your wife b2 visa?