i-864 help

[teer 0]

Some concerns from a co-sponsor. first off, my concerns. if the immigrant were to get sued, and the main sponsor couldnt pay, we would b liable. if she were to cause a car accident, for example, and was liable for more than the maximum coverage of ur insurance, they could collect from us. this includes our savings, property and future earnings. if she were to get seriously ill, she isnt insured, right? so the hospital could come to us for those expenses, which can b hundreds of thousands and even millions. and if it was life-threatening and the govt picked up the tab, same thing. all of these things apply even if u two were divorced. we would never know if something was happening that we were liable for later. any of these events would mean filing bankruptcy for us.

[KayDeeCee 4,903]

If the immigrant receives federal means tested public benefits, then the government can go after the primary sponsor to repay it. If the primary sponsor is unable to repay, then the government can go after the joint sponsor for repayment. This is about federal means tested public benefits, not any and all debts accrued by the immigrant.

http://travel.state.gov/visa/immigrants/info/info_3183.html#4

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

[aaron2020 11,652]

Some concerns from a co-sponsor. first off, my concerns. if the immigrant were to get sued, and the main sponsor couldnt pay, we would b liable. if she were to cause a car accident, for example, and was liable for more than the maximum coverage of ur insurance, they could collect from us. this includes our savings, property and future earnings. if she were to get seriously ill, she isnt insured, right? so the hospital could come to us for those expenses, which can b hundreds of thousands and even millions. and if it was life-threatening and the govt picked up the tab, same thing. all of these things apply even if u two were divorced. we would never know if something was happening that we were liable for later. any of these events would mean filing bankruptcy for us.

The I-864 is an agreement between the sponsors and the US government. The sponsors agree to repay the US government for any "welfare" type expenses that the immigrant improperly receives. There are only certain benefits that you would need to reimburse the government for. You are not responsible for all the person's debts.

Look up "means tested benefits." You would only be responsible for these if the immigrant improperly receives them.

[VanessaTony 3,567]

Some concerns from a co-sponsor. first off, my concerns. if the immigrant were to get sued, and the main sponsor couldnt pay, we would b liable No. if she were to cause a car accident, for example, and was liable for more than the maximum coverage of ur insurance, they could collect from us No. this includes our savings, property and future earnings. if she were to get seriously ill, she isnt insured, right? so the hospital could come to us for those expenses No, which can b hundreds of thousands and even millions. and if it was life-threatening and the govt picked up the tab, same thing YES. all of these things apply even if u two were divorced. we would never know if something was happening that we were liable for later. any of these events would mean filing bankruptcy for us.

Only if using means-tested benefits, the rest is wrong.

If you went to hospital and didn't have insurance you and your spouse would be liable, not the sponsor. That's a personal debt, just like credit card debt and household bills.

That said you are right, if you're divorced from the immigrant you'll have no idea what they're doing until you get a bill for benefits they've used that they shouldn't. It's a serious form which should be taken seriously. I like and trust very few people enough to put myself and my husband and family at risk like that.

[teer 0]

i found a nice site about it that explains it a lot better than i have ever heard.

hooyou immigration website discussing public charge.

But i still have the issue of my sponsors all backing out from this form. I don't know what to do now... I've done everything by myself up until now with the k-1 but this part is killing me. Would sending in my aos app with a letter explaining my income and situation do any good? I'm about 4k under the poverty line.

[aaron2020 11,652]

i found a nice site about it that explains it a lot better than i have ever heard.

hooyou immigration website discussing public charge.

But i still have the issue of my sponsors all backing out from this form. I don't know what to do now... I've done everything by myself up until now with the k-1 but this part is killing me. Would sending in my aos app with a letter explaining my income and situation do any good? I'm about 4k under the poverty line.

There is a big difference between "public charge" and the "I-864 forbidden means tested benefits."

The public charge determination is made only BEFORE the beneficiary gets an immigration visa or adjust. The pubic charge determination does not matter after the person gets a green card.

The I-864 forbidden means tested benefits comes AFTER the beneficiary gets a green card.

While the two issues are interrelated, they are not the same thing.

If you are $4k under the poverty line, then you need to make it up somehow with assets. Writing a letter that you don't meet the poverty line is not going to help you. For your fiancee to get a visa, you MUST meet the 125% poverty line.

Edited December 24, 2012 by aaron2020

[Pitaya 2,580]

i found a nice site about it that explains it a lot better than i have ever heard.

hooyou immigration website discussing public charge.

But i still have the issue of my sponsors all backing out from this form. I don't know what to do now... I've done everything by myself up until now with the k-1 but this part is killing me. Would sending in my aos app with a letter explaining my income and situation do any good? I'm about 4k under the poverty line.

Sorry, likely not.

[JimVaPhuong 4,865]

There is a big difference between "public charge" and the "I-864 forbidden means tested benefits."

The public charge determination is made only BEFORE the beneficiary gets an immigration visa or adjust. The pubic charge determination does not matter after the person gets a green card.

The I-864 forbidden means tested benefits comes AFTER the beneficiary gets a green card.

While the two issues are interrelated, they are not the same thing.

If you are $4k under the poverty line, then you need to make it up somehow with assets. Writing a letter that you don't meet the poverty line is not going to help you. For your fiancee to get a visa, you MUST meet the 125% poverty line.

About the bolded part, this is not always true. Any immigrant who becomes inadmissible under any section of INA 212 can be refused admission or deported. This applies to paragraph 4, as well. USCIS isn't likely to start removal proceedings, and ICE isn't likely to show up at their house, but if they come into contact with an immigration officer and they have information that the immigrant has become a public charge then they can take action.

Receiving means tested benefits alone isn't enough to determine that someone is a public charge. USCIS defines public charge as someone who is 'primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.' It's been pointed out on this forum (numerous times) that receipt of temporary means tested benefits isn't enough to determine someone has become a public charge. The general rule is that there is no foreseeable end to the need for those benefits.

I realize this isn't directly related to the OP's problem, but I didn't want anyone thinking they'd permanently cleared the public charge hurdle once they get their green card. They haven't. Every immigrant has to avoid becoming inadmissible under any paragraph of INA 212 as long as they are a permanent resident.

The I-864 is a contract, required under the IIRIRA, that imposes a minimum income requirement on the sponsor, and requires them to maintain the immigrant at or above that minimum level as long as they are a permanent resident. You're absolutely correct that a letter cannot be used to satisfy that requirement. It's also worthwhile to point out that the law states that the minimum income level is a requirement, while the acceptance of assets to offset a shortage of income is discretionary. The law doesn't even state what assets can be considered, or how their value is to be computed, or how that value will be applied against an income shortage. USCIS is free to make up their own rules about that, and they spelled out those rules in the I-864 instructions. Even so, USCIS isn't required to accept the assets in lieu of required income. Even the AFM says an IO may consider assets, but they occasionally don't consider them, especially if the shortage of income appears to be chronic and the assets are barely enough to qualify.

[Darnell 8,480]

Some concerns from a co-sponsor. first off, my concerns. if the immigrant were to get sued, and the main sponsor couldnt pay, we would b liable. if she were to cause a car accident, for example, and was liable for more than the maximum coverage of ur insurance, they could collect from us. this includes our savings, property and future earnings. if she were to get seriously ill, she isnt insured, right? so the hospital could come to us for those expenses, which can b hundreds of thousands and even millions. and if it was life-threatening and the govt picked up the tab, same thing. all of these things apply even if u two were divorced. we would never know if something was happening that we were liable for later. any of these events would mean filing bankruptcy for us.

The I-134 isn't legally binding at all.

The I-864, used in your case during an adjustment of status casefile, IS legally binding,

but only binds the sponser and co-sponsers to repaying the Federal Government when means-tested benefits are utilized by the immigrant.

MOST means-tested-benefits programs DO CHECK for immigrant status, and turn away immigrants for regular enrollment and usage. There are emergency-aid types which fall into the 'not means tested' category, but that varies by state.

So, the stuff you've listed, isn't covered by the I-864 at all.

This concept of 'the govt picking up the tab' won't happen, really.

Being sued , individually, is a different matter and not covered under the I-864. State laws usually are utilized, instead.

The car-accident thing that you've described - IMO, is a very severe example and those folk listed as sponsers would not be included in the lawsuit. The USCitizen Spouse MIGHT be included, depends on the attorney and the state - but is not included because of the I-864 - the spouse would be included on the lawsuit because of common property laws in that state.

Edited December 28, 2012 by Darnell