affidavit of support

[highlander08 9]

Hello everyone, I have a question about the affidavit of support and how it works.

It is my understanding that the sponsor agrees to support the immigrant for a certain time period so they do not become a charge of the state. what if things dont work out and it becomes apparent the immigrant was just using the sponsor for a ticket to the U.S. It seems unfair that someone should have to be held financially liable for someone who was just using them for entry to the states then leaves them, knowing the sponsor will have to provide for them. Is'nt there a way for the sponsor to protect themselves from this. I have read about the sponsor sending a letter withdrawing sponsorship. is this possible or just someones exaggerated imagination working. Naturally a person should make every effort to know the person they are sponsoring but there are some good actors out there as well.

Thank You.

[Reyan 56]

The whole point of the affidavit of support is to not stick the bill to the people living in the US (that would be unfair), so it's only fair that the person sponsoring the immigrant is responsible. You can always revoke it prior to GC issuance (K1 visa), but do not use it as a tool to control the spouse or they can file for VAWA.

[reese1 68]

It is unfortunate and actually happens more often than it should that the actors make it through, but like the other poster stated once AOS is done and GC is received there is nothing that can be done to revoke or cancel the affidavit of support.

[aaron2020 11,651]

Hello everyone, I have a question about the affidavit of support and how it works.

It is my understanding that the sponsor agrees to support the immigrant for a certain time period so they do not become a charge of the state.

You are misunderstanding the purpose of the I-864. It is not an agreement to support the immigrant. It is an agreement to reimburse the government if the immigrant receives certain welfare benefits - such as Medicaid, food stamps, SSI, etc. The sponsor is only responsible if the immigrant gets one of these benefits.

Read the FAQ for the I-864; http://travel.state.gov/visa/immigrants/info/info_3183.html

what if things dont work out and it becomes apparent the immigrant was just using the sponsor for a ticket to the U.S. It seems unfair that someone should have to be held financially liable for someone who was just using them for entry to the states then leaves them, knowing the sponsor will have to provide for them.

Who is going to know your wife better than you? The US government relies on you and your judgement. You are vouching and taking responsibility when you choose to petition the US government to allow you to bring a foreign person into the US who will get a green card and possibly US citizenship.

Why is unfair for you to be responsible for someone you bring to the US? Who should support her then, US taxpayers?????

It is completely fair to say you are responsible if you bring your foreign spouse to the US. It's unfair for you to bring your foreign wife to the US and then expect US taxpayers to pick up the tab when your relationship goes south.

It is your responsibility to make sure you are not being used. You are in the best position to determine that. A consular officer who refuses a visa to your fiancee/wife because would just be accused of unfairly denying her a visa because at that time you don't know you are being used.

Completely fair to say - you bring in a foreign person, then you are responsible when you had the best opportunities to determine if you are being used or not. Don't bring her if you think you are being used - simply don't take the risk.

Is'nt there a way for the sponsor to protect themselves from this.

Yeah. Make sure that you understand your obligations in bringing her over. Make sure that you trust her.

The best person to protect you is you. You are in the best position to protect yourself.

I have read about the sponsor sending a letter withdrawing sponsorship.

You can withdraw it before she immigrates. Once she lands in the US and gets a green card, you cannot withdraw the sponsorship - it is not possible under any circumstances. The only way the I-864 obligation ends is one of you die, she becomes a US citizen, or she gives up her green card.

is this possible or just someones exaggerated imagination working. Naturally a person should make every effort to know the person they are sponsoring but there are some good actors out there as well.

Thank You.

If it was easy to get out of the I-864 obligation, then it would be meaningless.

If people know there is no risk in bringing a foreign spouse because the I-864 can be "withdrawn" when the relationship goes south, then why take the I-864 seriously. If she is running a scam, then who cares once she leaves with her green card.

Personally, I wouldn't care about getting scam for a green card knowing that if I cut her loose, I will not be responsible for anything. That's human nature. Generally, we don't care about the financial consequences to the US government or US taxpayers if we can get off the hook for a scammer.

Edited November 22, 2012 by aaron2020

[baron555 934]

You must take personal responsibility for your immigration actions.

Stop now if you have any doubts; if you do then your relationship is not strong enough.

Maybe you should wait a while.

Edited November 22, 2012 by baron555

[Gary and Alla 3,694]

Hello everyone, I have a question about the affidavit of support and how it works.

It is my understanding that the sponsor agrees to support the immigrant for a certain time period so they do not become a charge of the state. what if things dont work out and it becomes apparent the immigrant was just using the sponsor for a ticket to the U.S. It seems unfair that someone should have to be held financially liable for someone who was just using them for entry to the states then leaves them, knowing the sponsor will have to provide for them. Is'nt there a way for the sponsor to protect themselves from this. I have read about the sponsor sending a letter withdrawing sponsorship. is this possible or just someones exaggerated imagination working. Naturally a person should make every effort to know the person they are sponsoring but there are some good actors out there as well.

Thank You.

The Affidavit does not require you to support anyone. The US government could not possibly care less if you or your fiancee starve to death in the street or live under a bridge.

The I-864 is a contract saying that YOU will repay the government for any "means tested" benefits your fiancee should receive before she is eligible to receive them.

Family based visa immigrants are not eligible for means tested benefits until they have been here for 5 years, that means they are eligible to be citizens anyway. However, sometimes they make errors or there are false claims, whatever.

IF she receives means tested benefits during the period covered by the I-864 anf IF the government decides to seek reimbursement and IF she cannot reimburse the goverment then YOU will be responsible to reimburse the government.

If she is a fraud...too bad for you. You cannot withdraw the I-864 once the green card is issued.