Jump to content
Sign in to follow this  
jaycee2004

Affidavit of Support-Removing Joint Sponsor

13 posts in this topic

Recommended Posts

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

Share this post


Link to post
Share on other sites

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

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

Edited by Yodrak

Share this post


Link to post
Share on other sites

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,

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

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

Share this post


Link to post
Share on other sites

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.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

jaycee,

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

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,

Share this post


Link to post
Share on other sites

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

jaycee,

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

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,

Share this post


Link to post
Share on other sites

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.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Share this post


Link to post
Share on other sites

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.


Traveled to Morocco on Aug 3rd, 2005

Got Engaged on Aug 16th, 2005

Left Morocco on Aug 19th, 2005

08-29-05 Filed I129F

01-09-06 Interview Date (9am) We were not approved today, I guess we got a 221g of the damn S. Korea Police Certificate that Casablanca said we didn't need.

03/03/06 Turn in Passport at 9am

03/15/06 Visa Issued

03/31/06 Enter USA via JFK

05/15/06 Wedding for Visa

06/10/06 Mailed AOS papers

07/06/06 Biometerics Apt

07/15/06 My offical wedding day....I know .....:-)

07/10/06 Touched

08/25/06 EAD Approvel

09/01/06 EAD in Hand

09/26/06 AOS Interview (Recommend for Approval)

10-05-06 Received Welcome Letter

10-10-06 Green Card Arrived.

We are now one9d63d28.jpg.png

Share this post


Link to post
Share on other sites

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

Hello,

...

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

Edited by Yodrak

Share this post


Link to post
Share on other sites

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.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

Hi zixuandavid ,

Thanks for your post.

Just had a question when you stated that the disvow would be valid if its done "before the actual issuance of an immigrant visa" - does this apply to the temporary card that my wife received a month after our interview with the INS. Or are you talking about the "permanent visa" card, which I becomes permanent after 2 yrs of marriage.

Share this post


Link to post
Share on other sites

Hi zixuandavid ,

Thanks for your post.

Just had a question when you stated that the disvow would be valid if its done "before the actual issuance of an immigrant visa" - does this apply to the temporary card that my wife received a month after our interview with the INS. Or are you talking about the "permanent visa" card, which I becomes permanent after 2 yrs of marriage.

None of the options you list - if you google a picture of immigrant visa, you will see that it is NOT a green card (2-yr or 10-yr). Immigrant visa is placed in the passport, on one of the available pages.

Also 2-yr green card does not just become permanent - you have to file to remove conditions of residence - this is done with I-751 form - there's a whole section of this forum dedicated just to that.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×