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MikeGood

I-864 and Divorce.

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Me and my fiance are planning to file for our K1, but I need my parents to Co-sponsor her.

The thing that is putting everyone off a bit is that you have to continue to support them AFTER divorce.

My questions are, if we marry and only last for a year, won't she have to leave the country? Or can she still stay, I don't see how that is legal.

And two: THIS IS THE IMPORTANT QUESTION. -please read!-

Is there a way to get a contract and have her sign it saying that "If we file for divorce while still under the I-864, she will willingly abandon the I-864 etc"

To basically put security there, she would be willing to, I just need to make my dad feel at ease.

Can that be done?

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Me and my fiance are planning to file for our K1, but I need my parents to Co-sponsor her.

The thing that is putting everyone off a bit is that you have to continue to support them AFTER divorce.

My questions are, if we marry and only last for a year, won't she have to leave the country? Or can she still stay, I don't see how that is legal.

And two: THIS IS THE IMPORTANT QUESTION. -please read!-

Is there a way to get a contract and have her sign it saying that "If we file for divorce while still under the I-864, she will willingly abandon the I-864 etc"

To basically put security there, she would be willing to, I just need to make my dad feel at ease.

Can that be done?

no, cannot be done because the I-864 is not a contract between the sponsor and her (the beneficiary) it is a contract between the sponsor and the US government...in which the sponsor agrees to reinburse the government in case the immigrant avails himself/herself to means tested benefits (like food stamps).

Sounds like you may have to do a bit more research as to what the path to residency is for a K-1 visa holder, and what the sponsorship requirements are for the application of residency. Are you sure you are not able to satisfy the sponsorship requirements. It may be a while off yet before this becomes a necessity, and it may give you enough time to get a job that allows you to cover the sponsorship requirements yourself, without having to ask you parents for sponsorship.

Good luck,

-P

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The Affidavit of Support is a contract between the sponsor and the government - not between the immigrant and the petitioner. The sponsor agrees to re-imburse the government if the immigrant uses any means-tested benefits, not that the sponsor pays them a regular payment to meet a certain level of income. Once the Affidavit of Support is approved with the AOS (Adjustment of Status) it is in effect until one of the following happens: the immigrant earns 40 credits of SSA acceptable employment, the immigrant becomes a US citizen, the immigrant leaves the country, the immigrant dies, or the sponsor dies. Signing a 'contract' stating the immigrant will not enforce the Affidavit of Support accomplishes nothing because the contract is not with the immigrant - it is with the government, and there is no way to get around it.

Read over carefully what commitments the sponsor agrees to with the Affidavit of Support - that should help to reassure your father.

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Me and my fiance are planning to file for our K1, but I need my parents to Co-sponsor her.

The thing that is putting everyone off a bit is that you have to continue to support them AFTER divorce.

My questions are, if we marry and only last for a year, won't she have to leave the country? Or can she still stay, I don't see how that is legal.

And two: THIS IS THE IMPORTANT QUESTION. -please read!-

Is there a way to get a contract and have her sign it saying that "If we file for divorce while still under the I-864, she will willingly abandon the I-864 etc"

To basically put security there, she would be willing to, I just need to make my dad feel at ease.

Can that be done?

No. The I-864 is a contract between YOU (and other joint sponsors) and the GOVERNMENT. There is nothing for HER to abandon or surrender, she is not party to the contract! She is a beneficiary of the contract. She COULD sign an agreement that she would leave immediately if divorced and surrender her GREEN CARD, thereby making the I-864 null and void, but what if she doesn't? The government isn't going to care what agreement she has with you or your father.

If you are divorced before 2 years she is supposed to leave the country when her green card expires, but if she doesn't and applies for welfare, you are on the hook. The I-864 is valid for 10 years or until she becomes a citizen so it can leave you on the hook even of divorced after she gets her 10 year green card.

However, the good news, you are ONLY "on the hook" for certain public wlefare benefits, nothing else. It is not an obligation for her regular consumer credit or anything like that. It does not even apply to ALL public welfare benefits.

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The Affidavit of Support is a contract between the sponsor and the government - not between the immigrant and the petitioner. The sponsor agrees to re-imburse the government if the immigrant uses any means-tested benefits, not that the sponsor pays them a regular payment to meet a certain level of income. Once the Affidavit of Support is approved with the AOS (Adjustment of Status) it is in effect until one of the following happens: the immigrant earns 40 credits of SSA acceptable employment, the immigrant becomes a US citizen, the immigrant leaves the country, the immigrant dies, or the sponsor dies. Signing a 'contract' stating the immigrant will not enforce the Affidavit of Support accomplishes nothing because the contract is not with the immigrant - it is with the government, and there is no way to get around it.

Read over carefully what commitments the sponsor agrees to with the Affidavit of Support - that should help to reassure your father.

After reading through several forums, I am under the impression that the sponsor must support the immigrant to a certain income level.

So if she decides not to work, my dad would have to pay her enough to keep her above the 125% mark.

Is that wrong? He wouldn't have a problem paying her if she is on welfare etc, but it's paying her the 125% mark.

And to everyone, I know what the form is.

I'm wondering if we can make our OWN contract between us and her, saying that she will abandon status. << Important

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No, it isn't to support her financially. It is to reimburse the Government if she needs to use means-tested government benefits (ie. welfare) for her support. The 125% level is to ensure you have enough income to support the immigrant spouse without resorting to means-tested benefits.

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Me and my fiance are planning to file for our K1, but I need my parents to Co-sponsor her.

The thing that is putting everyone off a bit is that you have to continue to support them AFTER divorce.

My questions are, if we marry and only last for a year, won't she have to leave the country? Or can she still stay, I don't see how that is legal.

And two: THIS IS THE IMPORTANT QUESTION. -please read!-

Is there a way to get a contract and have her sign it saying that "If we file for divorce while still under the I-864, she will willingly abandon the I-864 etc"

To basically put security there, she would be willing to, I just need to make my dad feel at ease.

Can that be done?

No. The I-864 is a contract between YOU (and other joint sponsors) and the GOVERNMENT. There is nothing for HER to abandon or surrender, she is not party to the contract! She is a beneficiary of the contract. She COULD sign an agreement that she would leave immediately if divorced and surrender her GREEN CARD, thereby making the I-864 null and void, but what if she doesn't? The government isn't going to care what agreement she has with you or your father.

If you are divorced before 2 years she is supposed to leave the country when her green card expires, but if she doesn't and applies for welfare, you are on the hook. The I-864 is valid for 10 years or until she becomes a citizen so it can leave you on the hook even of divorced after she gets her 10 year green card.

However, the good news, you are ONLY "on the hook" for certain public wlefare benefits, nothing else. It is not an obligation for her regular consumer credit or anything like that. It does not even apply to ALL public welfare benefits.

" She COULD sign an agreement that she would leave immediately if divorced and surrender her GREEN CARD, thereby making the I-864 null and void"

I mean that exactly, I was curious if we could make a legal contract/agreement for that.

And why am I under the impression that my father would have to make sure she is taken care of to the 125% mark then?

I'm just looking for advice, sorry if I seem uneducated.

If he would just have to pay what welfare would pay etc. He won't have a problem.

It's paying her 17k a year or whatever the 125% mark is, that he couldn't do.

So that's not the case?

Can someone put this into better terms so my father can read it?

He has read the contract, but advice from REAL people like yourselves would be great.

Thank you :]

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The Affidavit of Support is a contract between the sponsor and the government - not between the immigrant and the petitioner. The sponsor agrees to re-imburse the government if the immigrant uses any means-tested benefits, not that the sponsor pays them a regular payment to meet a certain level of income. Once the Affidavit of Support is approved with the AOS (Adjustment of Status) it is in effect until one of the following happens: the immigrant earns 40 credits of SSA acceptable employment, the immigrant becomes a US citizen, the immigrant leaves the country, the immigrant dies, or the sponsor dies. Signing a 'contract' stating the immigrant will not enforce the Affidavit of Support accomplishes nothing because the contract is not with the immigrant - it is with the government, and there is no way to get around it.

Read over carefully what commitments the sponsor agrees to with the Affidavit of Support - that should help to reassure your father.

After reading through several forums, I am under the impression that the sponsor must support the immigrant to a certain income level.

So if she decides not to work, my dad would have to pay her enough to keep her above the 125% mark.

Is that wrong? He wouldn't have a problem paying her if she is on welfare etc, but it's paying her the 125% mark.

And to everyone, I know what the form is.

I'm wondering if we can make our OWN contract between us and her, saying that she will abandon status. << Important

You've read the wrong forums. The sponsor does not have to 'support' the immingrant in the sense you're implying here. The sponsor could be liable to the US government if the immigrant gets on wellfare....meaning the sponsor could be tapped by the government to pay them back any moneys the immigrant takes on from the wellfare system. So no, the sponsor does not directly pay the immigrant.

As for making your own contract...why not, pre-nups are not unheard of these days. ;)

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No, it isn't to support her financially. It is to reimburse the Government if she needs to use means-tested government benefits (ie. welfare) for her support. The 125% level is to ensure you have enough income to support the immigrant spouse without resorting to means-tested benefits.

Thank you :] I feel much at ease.

Any chance you have experience with this and would like to share how much those often cost etc?

Like what the current welfare might be around, to give me an idea of how much my dad would have to pay if something happens.

This is a ways off, and I just like to speak to real people :0

The Affidavit of Support is a contract between the sponsor and the government - not between the immigrant and the petitioner. The sponsor agrees to re-imburse the government if the immigrant uses any means-tested benefits, not that the sponsor pays them a regular payment to meet a certain level of income. Once the Affidavit of Support is approved with the AOS (Adjustment of Status) it is in effect until one of the following happens: the immigrant earns 40 credits of SSA acceptable employment, the immigrant becomes a US citizen, the immigrant leaves the country, the immigrant dies, or the sponsor dies. Signing a 'contract' stating the immigrant will not enforce the Affidavit of Support accomplishes nothing because the contract is not with the immigrant - it is with the government, and there is no way to get around it.

Read over carefully what commitments the sponsor agrees to with the Affidavit of Support - that should help to reassure your father.

After reading through several forums, I am under the impression that the sponsor must support the immigrant to a certain income level.

So if she decides not to work, my dad would have to pay her enough to keep her above the 125% mark.

Is that wrong? He wouldn't have a problem paying her if she is on welfare etc, but it's paying her the 125% mark.

And to everyone, I know what the form is.

I'm wondering if we can make our OWN contract between us and her, saying that she will abandon status. << Important

You've read the wrong forums. The sponsor does not have to 'support' the immingrant in the sense you're implying here. The sponsor could be liable to the US government if the immigrant gets on wellfare....meaning the sponsor could be tapped by the government to pay them back any moneys the immigrant takes on from the wellfare system. So no, the sponsor does not directly pay the immigrant.

As for making your own contract...why not, pre-nups are not unheard of these days. ;)

I'm just curious if under our own contract, if she signed and agreed to abandon US status and leave the country upon divorce, if it would hold up in court?

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" She COULD sign an agreement that she would leave immediately if divorced and surrender her GREEN CARD, thereby making the I-864 null and void"

I mean that exactly, I was curious if we could make a legal contract/agreement for that.

And why am I under the impression that my father would have to make sure she is taken care of to the 125% mark then?

I'm just looking for advice, sorry if I seem uneducated.

If he would just have to pay what welfare would pay etc. He won't have a problem.

It's paying her 17k a year or whatever the 125% mark is, that he couldn't do.

So that's not the case?

Can someone put this into better terms so my father can read it?

He has read the contract, but advice from REAL people like yourselves would be great.

Thank you :]

Have you read the instructions on the I-864? I'm not sure how much more clear it can be made, than this:

[from the I-864]

How Is This Form Used?

This form is a contract between a sponsor and the U.S.Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.

The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.

If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.

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I'm just curious if under our own contract, if she signed and agreed to abandon US status and leave the country upon divorce, if it would hold up in court?

That's a realm of the law for which the best answer would be given to you by a qualified attorney...perhaps you should consult one for some of your specific questions.

-P

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The Affidavit of Support is a contract between the sponsor and the government - not between the immigrant and the petitioner. The sponsor agrees to re-imburse the government if the immigrant uses any means-tested benefits, not that the sponsor pays them a regular payment to meet a certain level of income. Once the Affidavit of Support is approved with the AOS (Adjustment of Status) it is in effect until one of the following happens: the immigrant earns 40 credits of SSA acceptable employment, the immigrant becomes a US citizen, the immigrant leaves the country, the immigrant dies, or the sponsor dies. Signing a 'contract' stating the immigrant will not enforce the Affidavit of Support accomplishes nothing because the contract is not with the immigrant - it is with the government, and there is no way to get around it.

Read over carefully what commitments the sponsor agrees to with the Affidavit of Support - that should help to reassure your father.

After reading through several forums, I am under the impression that the sponsor must support the immigrant to a certain income level.

So if she decides not to work, my dad would have to pay her enough to keep her above the 125% mark.

Is that wrong? He wouldn't have a problem paying her if she is on welfare etc, but it's paying her the 125% mark.

And to everyone, I know what the form is.

I'm wondering if we can make our OWN contract between us and her, saying that she will abandon status. << Important

That is very wrong. Your dad doesn't have to give her anything or pay her anything. IF she ever collects public welfare, and ONLY in that case, you and/or your father would need to reimburse the government for the benfits she received. That is the ONLY obligation.

As I mentioned above, yes you can make that agreement with her, but it has no affect on the I-864. If she does not meet that agreement you are still on the hook for public welfare if she collects it.

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As Gary points out it is possible to sign a contract requiring an immigrant to leave. It's another thing for it to be enforced. The enforceability of the contract you are looking for would be a question better suited for an immigration attorney.

Also, it may cause a bit of a schism between your future bride and her future father-in-law. It may be worth finding another co-sponsor candidate.

Also, you are first in line regarding sponsorship. So any agency will be pursuing you at first. Then if you don't/can't/won't make good your dad would be next in line.

Edited by Anh map

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" She COULD sign an agreement that she would leave immediately if divorced and surrender her GREEN CARD, thereby making the I-864 null and void"

I mean that exactly, I was curious if we could make a legal contract/agreement for that.

And why am I under the impression that my father would have to make sure she is taken care of to the 125% mark then?

I'm just looking for advice, sorry if I seem uneducated.

If he would just have to pay what welfare would pay etc. He won't have a problem.

It's paying her 17k a year or whatever the 125% mark is, that he couldn't do.

So that's not the case?

Can someone put this into better terms so my father can read it?

He has read the contract, but advice from REAL people like yourselves would be great.

Thank you :]

Have you read the instructions on the I-864? I'm not sure how much more clear it can be made, than this:

[from the I-864]

How Is This Form Used?

This form is a contract between a sponsor and the U.S.Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.

The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.

If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.

Thank you, I have read it a few times, but I know contracts can be very 'sketchy', and I was obviously reading the wrong forums and got a bad idea of things. I apologize for that, I have read the contract at least 5 times today.

I just don't want any 'holes' in it, you know?

I'm trying to make this as easy as possible for my father to understand, because if he doesn't sign, I may lose my chance for now. And I can't stand the thought of that :'(

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No, it isn't to support her financially. It is to reimburse the Government if she needs to use means-tested government benefits (ie. welfare) for her support. The 125% level is to ensure you have enough income to support the immigrant spouse without resorting to means-tested benefits.

Thank you :] I feel much at ease.

Any chance you have experience with this and would like to share how much those often cost etc?

Like what the current welfare might be around, to give me an idea of how much my dad would have to pay if something happens.

This is a ways off, and I just like to speak to real people :0

The Affidavit of Support is a contract between the sponsor and the government - not between the immigrant and the petitioner. The sponsor agrees to re-imburse the government if the immigrant uses any means-tested benefits, not that the sponsor pays them a regular payment to meet a certain level of income. Once the Affidavit of Support is approved with the AOS (Adjustment of Status) it is in effect until one of the following happens: the immigrant earns 40 credits of SSA acceptable employment, the immigrant becomes a US citizen, the immigrant leaves the country, the immigrant dies, or the sponsor dies. Signing a 'contract' stating the immigrant will not enforce the Affidavit of Support accomplishes nothing because the contract is not with the immigrant - it is with the government, and there is no way to get around it.

Read over carefully what commitments the sponsor agrees to with the Affidavit of Support - that should help to reassure your father.

After reading through several forums, I am under the impression that the sponsor must support the immigrant to a certain income level.

So if she decides not to work, my dad would have to pay her enough to keep her above the 125% mark.

Is that wrong? He wouldn't have a problem paying her if she is on welfare etc, but it's paying her the 125% mark.

And to everyone, I know what the form is.

I'm wondering if we can make our OWN contract between us and her, saying that she will abandon status. << Important

You've read the wrong forums. The sponsor does not have to 'support' the immingrant in the sense you're implying here. The sponsor could be liable to the US government if the immigrant gets on wellfare....meaning the sponsor could be tapped by the government to pay them back any moneys the immigrant takes on from the wellfare system. So no, the sponsor does not directly pay the immigrant.

As for making your own contract...why not, pre-nups are not unheard of these days. ;)

I'm just curious if under our own contract, if she signed and agreed to abandon US status and leave the country upon divorce, if it would hold up in court?

If she has gained immigration benefits I doubt a court would uphold a contract to take them away. I am not an attorney, but what court would have jurisdiction over immigration benefits? It wouldn't matter and is such an non-issue anyway. The risk is so small as to be not worth worrying about, really.

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