Hello,

I'm currently working in Thailand will not meet the Federal Poverty Guidelines as listed by Form I-864P. My father may act as a joint sponsor, however he is hesitant to sign the I-864 and I-864A as he worries about the potential liability issues.

MY QUESTION: After I arrive in the US and find a job I expect to earn in excess of the Federal Poverty Guidelines. When I find suitable employment (after arriving with my wife in the US) is there a way we can re-file an affidavit of support or another document to absolve my father's liability under the affidavit of support?


Any information on this issue would be greatly appreciated.

Thank You,


John

jaycee,

You have not provided enough information to answer your question. I can tell you this - your father becomes a Joint Sponsor at the time your wife becomes a Permanent Resident, and he remains a Joint Sponsor until one of the 4 events occurs that ends the obligation of the I-864. You finding employment is not one of the 4.

You are posting in the K3 forum, I-864 is not applicable for a K3 visa. What steps have you taken thus far and what visa does your wife intend to apply for?

Yodrak

Yodrak,

Sorry, I guess we should be posting in the DCF (Direct Consular Filing Section) as I have already submitted the petition to the USCIS in Thailand and it has been approved. I believe the visa is a class CR-1. I will definitely need a joint sponsor. I know about the 40 quarters of work, becoming a citizen, or leaving the country as far as the 3 events to terminate sponsorship. Are there any other ways to remove my father?

Thanks for your help,

Th one you have not mentioned is death.

I thought there were some consulates who required a 864 for K's, not that this is relavent here.

jaycee,

Yes, 1 more. Death (hers, not his - his estate remains obligated).

Yodrak

Hello,

Thanks for the quick response. This forum is great!!!!!

Is my father being overly cautious about signing the Affidavit of Support? From what I've read your liable if the immigrant becomes a "public charge". Are you liable financially for medical bills, torts (personal injury lawsuits), etc?

Thanks,

John

I don't think he could be overly cautious. It's a huge obligation that should not be taken lightly.

The obligation would not even end if you two ended up divorcing.

I would never sign one for anyone else.

Your father would be responsible for financial support. I don't blame your father for being cautious. Its bad enough when the spouse has that responsibility but when you bring someone else outside the marriage then it can cause other problems.

I wish you well.

John,

I don't think that your father is being overly cautious. Like john_and_marlene, I would never sign an I-864 as a Joint Sponsor for someone else. Nor would I ever ask someone to be a Joint Sponsor for me. When I lived and worked in Thailand I did not begin the immigration process for my wife (then fiancee) until I had found employment back in the USA, so that I knew I could support her.

A sponsor is not liable for the immigrant's debts, they are responsible for assuring that the immigrant has a minimum level of support (income).

Yodrak

I took a slightly different tack on the topic. I explained the obligations of the I-864 and what could/would happen that would cost them money. I covered the pecking order of repayment if/when the foreigner recieves means-tested benefits AND is sued for repayment. Note that means-tested benefits are not available to resident aliens for the first 5 years.

Then we made a deal. As a part of our plans (spouse + me), he would naturalize to USC at the earliest opportunity (apply 3 years after entering the US). It was a risk, but we all (parents + me) weighed our situation, what we know of each other & they took a leap of faith.

As my spouse was already bringing in the PG+ in his own monthly income, we were not as concerned about the minimum level of support.

Your other options are: have sufficient assets to replace income, have US employment, have a passive income source that will continiue when you are in the US.

Affidavits of Support on Behalf of Immigrants; Final Rule
http://a257.g.akamaitech.net/7/257/2422/01...006/06-5522.htm

- Disavowing a I-864

As a DCF, you fall under the former section below:

VISA:
the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member if he or she does so in writing and submits the document to the Department of State officer before the actual issuance of an immigrant visa to the intending immigrant.

Once the intending immigrant has obtained an immigrant visa, a sponsor, substitute sponsor, joint sponsor, or household member cannot disavow his or her agreement to act as a sponsor, joint sponsor, or household member unless the person or entity who filed the visa petition withdraws the visa petition in writing, as specified in 8 CFR 205.1(a)(3)(i)(A) or 8 CFR 205.1(a)(3)(iii)? and also notifies the Department of State officer who issued the visa of the withdrawal of the petition.

ADJUSTMENT:
In an adjustment of status case, once the sponsor, substitute sponsor, joint sponsor, household member, or intending immigrant has presented a signed Form I-864 or Form I-864A to an immigration officer or immigration judge, the sponsor, substitute sponsor, joint sponsor, or household member may disavow his or her agreement to act as sponsor, substitute sponsor, joint sponsor, or household member only if he or she does so in writing and submits the document to the immigration officer or immigration judge before the decision on the adjustment application.