PLEASE HELP. I-864

[Schroeky 6]

Hello,

I married my fiance a couple of weeks ago, I have been drawing up all the stuff to start my AOS. But my parents in law have had a sudden and violent freakout about the affidavit of support.

It's a humiliating situation as it is, having to ask them, but I just graduated and my husband is finishing with school in a few months so neither of us have the means to sponsor ourselves.

THIS is their idea-

They want to pay for me to get work authorisation immediately!! (as I understand this will expire when my visa expires in about six weeks)

they then want me to get a job and get some projected earnings.

They want my husband to add his projected (meagre) earnings to the sum

And then they want to put like $30,000 into his account to make up the rest.

They think, I get the impression that I might divorce Kyle and marry someone else and they will be left with the fees?!

I appreciate the affidavit is a big deal, and they are signing some scary stuff- but I need their help this one last time so I can get an EAD and I can start to form some semblance of my own life here by getting a job and a bank account and some basic human rights,

Does anyone know:

-How long they will really be responsible for me?

-How much this ###### happens? Are people who sign affidavits being ###### over all the time by people coming to marry their loved ones?

-The route they are suggesting is going to take FOREVER and isn't even guaranteed.

Apparently a lawyer has told her 'there is no way' she should be signing this affidavit.

Sorry to go on and on,

I am panicking and I am alone.

ANY advice would be so appreciated.

forgive my swearing...

[Mark UK 3]

Hello,

I married my fiance a couple of weeks ago, I have been drawing up all the stuff to start my AOS. But my parents in law have had a sudden and violent freakout about the affidavit of support.

It's a humiliating situation as it is, having to ask them, but I just graduated and my husband is finishing with school in a few months so neither of us have the means to sponsor ourselves.

THIS is their idea-

They want to pay for me to get work authorisation immediately!! (as I understand this will expire when my visa expires in about six weeks)

they then want me to get a job and get some projected earnings.

They want my husband to add his projected (meagre) earnings to the sum

And then they want to put like $30,000 into his account to make up the rest.

They think, I get the impression that I might divorce Kyle and marry someone else and they will be left with the fees?!

I appreciate the affidavit is a big deal, and they are signing some scary stuff- but I need their help this one last time so I can get an EAD and I can start to form some semblance of my own life here by getting a job and a bank account and some basic human rights,

Does anyone know:

-How long they will really be responsible for me?

-How much this ###### happens? Are people who sign affidavits being ###### over all the time by people coming to marry their loved ones?

-The route they are suggesting is going to take FOREVER and isn't even guaranteed.

Apparently a lawyer has told her 'there is no way' she should be signing this affidavit.

Sorry to go on and on,

I am panicking and I am alone.

ANY advice would be so appreciated.

forgive my swearing...

I'll be honest, I think if you look at it from their point of view, it's entirely reasonable what they're asking. Their lawyer is right on a financial level - it's like co-signing a loan. There is a reason that the loan needs to be co-signed (i.e. the lendor does not see that the applicant is fit to be given the loan themselves). I co-signed for a family member once and I will never do that again.

I believe they would be on the hook for you for ten years or until you become a citizen. It DOES happen that people screw USC and those who sign the AoS, so they're right to be cautious. Once it's signed, it's signed and they ARE on the hook for it.

As far as I what I remember (I think), the AoS takes into account the last three years of income, so you should bear that in mind. You can request that property and bank balances come into it - and the $30,000 would help - but that would be more of a case of adding weight to your claim than anything else.

Look at it from their point of view: you guys made the decision to do this, yet neither of you have a steady history of earnings having both recently graduated/graduating. Ultimately, they don't have to do anything for you - it's entirely on you - and I think you should be thankful in the long-run that they're being cautious and they're willing to help you out providing you stick to their plan. Remember, the AoS is there for a reason. I would not freak out on them, they might pull their offer entirely and then you're totally stuck.

I saved up religiously for a whole year (as did my wife) after waiting for more than three years in total to arrange finances and whatnot so we could afford for me to immigrate. I hate to criticise anyone about immigration, but maybe you guys should have waited a bit too.

Good luck!

[Anh map 2,098]

Hello,

I married my fiance a couple of weeks ago, I have been drawing up all the stuff to start my AOS. But my parents in law have had a sudden and violent freakout about the affidavit of support.

It's a humiliating situation as it is, having to ask them, but I just graduated and my husband is finishing with school in a few months so neither of us have the means to sponsor ourselves.

THIS is their idea-

They want to pay for me to get work authorisation immediately!! (as I understand this will expire when my visa expires in about six weeks)

they then want me to get a job and get some projected earnings.

They want my husband to add his projected (meagre) earnings to the sum

And then they want to put like $30,000 into his account to make up the rest.

They think, I get the impression that I might divorce Kyle and marry someone else and they will be left with the fees?!

I appreciate the affidavit is a big deal, and they are signing some scary stuff- but I need their help this one last time so I can get an EAD and I can start to form some semblance of my own life here by getting a job and a bank account and some basic human rights,

Does anyone know:

-How long they will really be responsible for me?

-How much this ###### happens? Are people who sign affidavits being ###### over all the time by people coming to marry their loved ones?

-The route they are suggesting is going to take FOREVER and isn't even guaranteed.

Apparently a lawyer has told her 'there is no way' she should be signing this affidavit.

Sorry to go on and on,

I am panicking and I am alone.

ANY advice would be so appreciated.

forgive my swearing...

There are flaws in the proposed plan.

You won't get work authorization before your I-94 expires. And even if you did, what employer would hire you with only a few weeks of potential legal employment? Not in this economy.

They can't plop funds into hubby's account and have it count towards the asset portion of the I-864. If it is a gift and it is not subject to repayment and you can document that, perhaps it would be considered. If they pledged there own assets on their onw I-864 and showed proof that they "owned" the asset for at least a year or so it would be accepted.

If your plans are to apply for citizenship ASAP then the obligation will last about 3.5 years ( there are assumptions here about timing and circumstances).

FWIW, this is a subject that your spouse needs to fix with his parents. I assume that their joint sponsorship was always part of the plan. They have left him (their flesh and blood) with a dilemma.

Any US citizen or Green Card holder can be a joint sponsor. You are not limited to his family members.

Best of luck.

[Jojo92122 1,925]

Hello,

I married my fiance a couple of weeks ago, I have been drawing up all the stuff to start my AOS. But my parents in law have had a sudden and violent freakout about the affidavit of support.

It's a humiliating situation as it is, having to ask them, but I just graduated and my husband is finishing with school in a few months so neither of us have the means to sponsor ourselves.

THIS is their idea-

They want to pay for me to get work authorisation immediately!! (as I understand this will expire when my visa expires in about six weeks)

they then want me to get a job and get some projected earnings.

They want my husband to add his projected (meagre) earnings to the sum

And then they want to put like $30,000 into his account to make up the rest.

They think, I get the impression that I might divorce Kyle and marry someone else and they will be left with the fees?!

I appreciate the affidavit is a big deal, and they are signing some scary stuff- but I need their help this one last time so I can get an EAD and I can start to form some semblance of my own life here by getting a job and a bank account and some basic human rights,

Does anyone know:

-How long they will really be responsible for me?

-How much this ###### happens? Are people who sign affidavits being ###### over all the time by people coming to marry their loved ones?

-The route they are suggesting is going to take FOREVER and isn't even guaranteed.

Apparently a lawyer has told her 'there is no way' she should be signing this affidavit.

Sorry to go on and on,

I am panicking and I am alone.

ANY advice would be so appreciated.

forgive my swearing...

There are serious flaws with the parents' plan. First, it will be impossible to get work authorization based on your current visa which is expiring in 6 weeks - just not enough time. Second, the large sum of money will raise red flags. Temporary transfer of money to use as assets on the I-864 will be scrutinize to see if the sponsor truly meets the financial requirements or is misrepresenting his true financial situation - this could bite you in the a$$.

The I-864 obligation can go on FOREVER. The obligation only ends upon certain events; the joint sponsor dies, the immigrant dies, the immigrant becomes a US citizen, the immigrant leaving the US and ends his/her legal permanent residency, or the immigrant gains 40 quarters of work credit. If none of these events occur, the obligation can go on for years or decades.

Personally, I would never sign as a joint sponsor for anyone who isn't a blood relative because I do not want to put my family's financial future at risk for repaying means tested benefits that the immigrant may receive. Also, there are crazy people who wants to sue the joint sponsor for support (actual immigrant spouse and her unemployed US citizen husband wanted to sue the joint sponsor on this board last week - thread has been deleted because of OP's request for removal). So, to answer your question, it happens - the immigrant ##### all over the joint sponsor.

To be frank, this is your and your husband's problem and not your parents in law's. They didn't create the situation, and they shouldn't have to risk their financial security so you can immigrate to the US. I hope you can understand why they will not put themselves at risk for you. Signing the I-864 can have real and dire consequences for them. Look at all the threads with people concern about the I-864 obligations when an immigrant divorces the US petitioner.

[Jojo92122 1,925]

Here is an example of an immigrant receiving means tested benefits. The joint sponsor doing a favor by signing the I-864 is liable to reimburse the government for the benefits received.

http://www.visajourney.com/forums/topic/327216-joint-sponsor-and-food-stamps/page__p__4877702__fromsearch__1#entry4877702

[Mark UK 3]

To be frank, this is your and your husband's problem and not your parents in law's. They didn't create the situation, and they shouldn't have to risk their financial security so you can immigrate to the US. I hope you can understand why they will not put themselves at risk for you. Signing the I-864 can have real and dire consequences for them. Look at all the threads with people concern about the I-864 obligations when an immigrant divorces the US petitioner.

Unfortunately for the OP, I can't agree more. I think once the OP is able to take a step back, she might appreciate the PiLs are actually being very kind to stretch to the degree that they have offered to do so.

[Schroeky 6]

Thank you all for your replies, they have been thorough and helpful.

I do most definitely see how tricky the situation is for my parents in law, and how scary- I would never, ever- no matter how dire the circumstances even begin to consider suing them as an option, but there is no way I can prove that other than to not do it! I really wanted to have a contract written whereby I would somehow be beholden to pay them back or hold my own parents responsible, but of course this is pretty impossible.

It's a naughty thing to say I am sure, but I am a middle class, well educated kid with absolutely no record of deceit or any animosity towards my parents in law, my parents are wealthy and own numerous assets. As far as I am concerned this affidavit is lip service, and if there was ever a chance I would have to claim benefits for whatever reason, I would simply get a plane ticket back to England and start from square one.

I would absolutely no doubts at all do that before I considered suing them.

In regards to the first reply, I don't think I could've held up any longer mentally with the separation- it tears everyone apart, but the depression and anxiety I felt throughout the process was becoming increasingly damaging. I found a way to get here and I did it, my fiance didn't explain the AOS status portion of the visa to his parents. I tried to explain but through e-mail and coupled with me being tentative obviously the messages didn't actually get absorbed.

I personally find a lot of the visa process archaic and exhaustingly long-winded, the bureaucracy is almost enough to stamp out the love in the best relationship.

[Helen Louise Pile 80]

Thank you all for your replies, they have been thorough and helpful.

I do most definitely see how tricky the situation is for my parents in law, and how scary- I would never, ever- no matter how dire the circumstances even begin to consider suing them as an option, but there is no way I can prove that other than to not do it! I really wanted to have a contract written whereby I would somehow be beholden to pay them back or hold my own parents responsible, but of course this is pretty impossible.

It's a naughty thing to say I am sure, but I am a middle class, well educated kid with absolutely no record of deceit or any animosity towards my parents in law, my parents are wealthy and own numerous assets. As far as I am concerned this affidavit is lip service, and if there was ever a chance I would have to claim benefits for whatever reason, I would simply get a plane ticket back to England and start from square one.

I would absolutely no doubts at all do that before I considered suing them.

In regards to the first reply, I don't think I could've held up any longer mentally with the separation- it tears everyone apart, but the depression and anxiety I felt throughout the process was becoming increasingly damaging. I found a way to get here and I did it, my fiance didn't explain the AOS status portion of the visa to his parents. I tried to explain but through e-mail and coupled with me being tentative obviously the messages didn't actually get absorbed.

I personally find a lot of the visa process archaic and exhaustingly long-winded, the bureaucracy is almost enough to stamp out the love in the best relationship.

You have to understand that immigration is a bureaucratic process. If you're doing a K1 then you understand that now for sure! It will not stamp out the love in the best relationship...well, no more than marriage or having kids can so that to a relationship. Marriage is tough and involves sacrifice and hard work. You decided to make this move and you guys have to figure it out. Harsh but true.

I understand it's hard and it's frustrating that his parents won't just sign the form. But if your husband didn't explain it to them then they need to know what they are getting in to. They are the one's who'll be liable.

As another poster said, can you ask someone else to co-sign. A sibling, aunt or uncle, grandparent, friend, colleague? Is there anyone? Can you figure out another way to do this? Maybe both move back to the UK for a few years? I don't know if your folks could help if they are able to? I'm not sure how that works.

The other thing is that you only have to prove that your husband is now in a position to support you. My husband and I moved to the States from Scotland together because he'd been offered a job. He had no earnings for the previous 3 years in the States as we were in Scotland and he was a student, but he had a job at the time of signing the I864 which paid well and was above the poverty line. Can your husband leave school to work for a few months or a year and then go back? Check out the poverty line, it's not very high. You can also check out the financial gift and make sure it's all legal and figure out if that can be part of your equation. Read the instructions for filing the I-864 very carefully and figure out what you can do to meet these requirements. http://www.uscis.gov/files/form/i-864instr.pdf

I wish you well!

Helen

[Helen Louise Pile 80]

I saved up religiously for a whole year (as did my wife) after waiting for more than three years in total to arrange finances and whatnot so we could afford for me to immigrate. I hate to criticise anyone about immigration, but maybe you guys should have waited a bit too.

Good luck!

Totally agree.

I am sufficiently impractical in life...but not when it came to marriage and emigrating.

Which surprised even me!