Affidavit Of Support I-864 - Please help

[mary81 2]

Hello everyone,

Hope you all doing well. Maybe this is a very difficult question to answer but your inputs are appreciated.

A petitioner files form I-864 for a family member and the family member immigrates to the US. Right after this happen the petitioner's house hold becomes larger (by having a baby) now he/she can not afford it because of a natural family expansion, correct? its not that he/she is not supporting the newly immigrated person, what is going to happen?

[lost_at_sea 995]

Nothing. The affidavit isn't revalidated at any point.

[Brian1967## 119]

Nope you signed, you are on the hook for the duration of the contract:) this contract you signed says nothing about your family growing. IT IS A CONTRACT. good luck

[Penguin_ie 5,994]

Once the beneficiary immigrates and has a greencard, that is it. The sponsor is still on the hook, but even if they ad ten babies it doesn't matter because they do not need to send in another I-864 and it will not affect the beneficiary.

[mary81 2]

Once the beneficiary immigrates and has a greencard, that is it. The sponsor is still on the hook, but even if they ad ten babies it doesn't matter because they do not need to send in another I-864 and it will not affect the beneficiary.

Thanks Penguin -

You are right once the beneficiary reaches US soil he/she is set . The question was on the sponsor who filed for her parents 3 years ago - parents are in the US, green card holders . Her family grew since then by having 2 babies. she does not work because she is taking care of her babies. Parents are elders- can not work. How come the FEDs can confiscate her house because she is not able to pay their medical expenses, that would be barbaric to kick out 3 US born kids with their parents because they could not pay the medical bills ?

Sure she signed the contract with the US government but she didn't expect to have babies (United States Citizen) at that time. Someone told her if you don't pay these bills FEDs will come with a court order and take your home away - sell it and pay their medical bills. The only public benefits she applied is medical that's all.

Do you think they will come and seize her house or take her to Jail?

[stevie b 141]

the government doesn't seize a home for medical bills

they might serve the papers, but not take possession

back taxes.. yes maybe

[Penguin_ie 5,994]

Well, that is one of the risks you take when sponsoring someone, especially an elderly person who may end up with high medical bills, and that is why COs at interview often ask for proof of medical coverage if there is an older beneficiary. She IS on the hook for any means tested benefit the parents take. Not for standard medical bills or other debts (unpaid electricity bill, mortgage, leased car etc) though.

That being said: Who told her this? The daughter certainly would not go to jail.

While it is technically possible they would take the house, it would be a very drawn out process and is somewhat unlikely- they are more likely to put a lien on it or garnish wages if she ever has any etc. Did she apply for medical or did the parents? Can she arrange a payment plan?

[mary81 2]

Well, that is one of the risks you take when sponsoring someone, especially an elderly person who may end up with high medical bills, and that is why COs at interview often ask for proof of medical coverage if there is an older beneficiary. She IS on the hook for any means tested benefit the parents take. Not for standard medical bills or other debts (unpaid electricity bill, mortgage, leased car etc) though.

That being said: Who told her this? The daughter certainly would not go to jail.

While it is technically possible they would take the house, it would be a very drawn out process and is somewhat unlikely- they are more likely to put a lien on it or garnish wages if she ever has any etc. Did she apply for medical or did the parents? Can she arrange a payment plan?

Hello Penguin,

A friend of her told her that FEDs will come to your house and take you to jail . I thought Medical is a part of Medicaid and Medicaid is means of public tested benefit?

When you say payments plan, you mean payment plan with the agency (government) who will ask for repay medical costs? She hasn't got any letters from any agency yet but looking into all these threads one day soon, correct?

One more question:

It says on USCIS 2013 HHS Poverty Guideline that a household of 2 must earn $24,412.00 in order to sponsor 1 individual . Is that gross earning or in plain English with tax or without ?

Thanks

[Penguin_ie 5,994]

The Feds will not come to her house and take her to jail- they have better things to do. IF anything happens, it will be several official demand letters first, then possibly a court date. But they won't just turn up at her door and take her to jail. It is possible that they will never come after her. We have had cases on here where the sponsor should have paid, but never got a bill.

The poverty line doesn't matter anymore, that was for when the I-864 was approved but yes, it is gross earnings (or line 22 of tax return if self-employed).

[mary81 2]

The Feds will not come to her house and take her to jail- they have better things to do. IF anything happens, it will be several official demand letters first, then possibly a court date. But they won't just turn up at her door and take her to jail. It is possible that they will never come after her. We have had cases on here where the sponsor should have paid, but never got a bill.

The poverty line doesn't matter anymore, that was for when the I-864 was approved but yes, it is gross earnings (or line 22 of tax return if self-employed).

Thanks Penguin. I will let her know. she was having these panic attacks every time the door bell rings.

[newacct 688]

The contract means that the government can sue her to get the money. But even if they sue her and they win, if she has no money, then it doesn't matter -- they cannot get money from her (you cannot get something that does not exist). They may be able to garnish her wages, but she doesn't work. Not sure about the house; but I don't think they can just take it. If she has no money, they may decide not to sue her at all, since it's mostly a waste of time.

In America, you do not go to jail if you cannot pay a debt because you have no money.

If she does get sued and gets a really huge judgment against her, she can always consider bankruptcy.

[Darnell 8,478]

Hello everyone,

Hope you all doing well. Maybe this is a very difficult question to answer but your inputs are appreciated.

A petitioner files form I-864 for a family member and the family member immigrates to the US. Right after this happen the petitioner's house hold becomes larger (by having a baby) now he/she can not afford it because of a natural family expansion, correct? its not that he/she is not supporting the newly immigrated person, what is going to happen?

Sorry, if the events occured in exactly the sequence you've written,

then

no one is counting the child for anything.

No One.

Now, if you were not certain about one step, this 'family member immigrating to the US', and it's really not done yet, but still the VISA has been issued - it's the same thing - NO ONE IS COUNTING THE CHILD FOR ANYTHING.

Timeticks are important - the I-864 was already adjudicated and I must assume the visa was already issued.

Having a baby after the intending immigrant arrives in the USA changes NOTHING for the I-864 - the events are not related, or even co-related.

What's up? What's yer real concern?