Withdraw of I-864 during ROC

[VanessaTony 3,567]

And if they process due after the divorce is final, she is still liable for him financially for the next 40 work quarters, due to the original I-864 she signed?

Doesn't matter if he's approved before the divorce (If she doesn't withdraw her support and he gets his new GC without interview) or after the divorce (thanks to a divorce waiver). She is still bound by the I-864. It's not "the next" 40 work quarters either. It's based on the original LPR date (when he got the first card) and only applies if he works and declares taxes on an amount enough to have it qualify as a "working quarter". Some people might never work enough to get the 40 (stay at home mums, people who don't earn enough money to pay tax etc)

[NigeriaorBust 4,087]

And it isn't that she has to pay him anything. IF he gets means test benefits and IF the government want to seek reemburshment then she has to pay the government back.

[Shiobhan 235]

Write uscis , safeguard your money or assets, file divorce and if U think U were used and marriage not in good faith state that, also call ICE give info to them they may not seem interested but trust me they will be after U hung up.

[Iyawo_Omo_Yoruba 31]

Just for interest sake, what are the laws that govern government help for immigrants? Does anyone know?

I know as citizens it can be difficult, if not impossible, to get them if you are single with no dependents. I have always wondered if they get special considerations because they have immigrated here or if they face the same challenges citizens face when applying.....if they have the same rules apply to them, then I just dont see how any one of them will ever qualify in the first place, as a single person filing for benefits. But I suppose it's a state by state governing law, maybe she should check into that.

[jenkatx 52]

My understanding is that they are not eligible to receive help. That being said I have heard of a few cases where they did and the sponsor was left with the bill.I was told that a woman was in a wreck and had no insurance, the hospital put her on some kind of state emergency program, and the sponsor got the bill for $120,000.I have heard of a few other instances, but just stories. It would also like to know if the sponsorship include future children, if the immigrant has a child after they arrive would that child be included in this? I would guess no?

[Iyawo_Omo_Yoruba 31]

I don't think the children would qualify, how could they? But having a child would qualify them to receive assistance, then the responsibility for that would fall on the USC for their portion of said help. At least that would be my guess.

[NigeriaorBust 4,087]

If the child was US born it is a citizen and is ok for aid. If the child is born out of the US it needs a visa and an affidavit to come to the US

[Iyawo_Omo_Yoruba 31]

If the child was US born it is a citizen and is ok for aid. If the child is born out of the US it needs a visa and an affidavit to come to the US

Yes, but what I think she meant was would the divorced USC be responsible for the immigrants child, with another USC, if said child were to receive assistance. I don't think this can even apply, because the original I 864 was for the immigrant only, not any children they conceive outside of the marriage or after the divorce.

And I am saying if he received personal assistance because of this child, the USC would then be responsible. That is simply my own thoughts, any assistance he receives whether it is on his own or because he had a child and it qualified him for any benefits, it would then be her responsibility to pay his portion of it back. Not the total benefit amount, as they would divide it up into however many people qualified and thats what she would owe.

Again, this is only my thoughts, I have no proof of this, but knowing the system from previous experience when I was much younger and had to pay back due to unknown circumstances.

[ceadsearc 516]

She would be responsible if he got benefits. If his child by another person got benefits she would not be responsible. Generally the immigrant's income is counted (prorated) but they are not counted in the household in that situation so he would probably not be actually getting benefits, but if somehow he did she would be responsible for him.

The thing is that for most welfare programs an immigrant has to first meet non-financial requirements, meaning they have to be in the country 5 years first (there have been some changes to Medicaid lately that make this dicey for pregnant women but that wouldn't apply here). If he somehow got approved for benefits he was not eligible for in that time period it would likely be either by fraud on his part or agency error and either way they would expect him to pay it back first.

Where it becomes an issue is that after 5 years an immigrant becomes eligible by program guidelines but NOT by the guidelines of the I-864. In those cases, if the immigrant receives benefits the sponsor may be asked to repay them.