Co Sponsor Concerns

[zierra26 0]

Our co sponsor has some good questions regarding their liability on the I-864.

1. If I (sponsor) should die or become unable to support my wife, will the co sponsor be responsible to support my wife and child?

2. If I adopt my step daughter does she become a U.S. citizen immediately and does that status relieve them of possible law suits?

3. When my wife becomes a citizen are they no longer liable for her?

[aaron2020 11,651]

1. Yes, if your wife and child remain LPRs. It's in the I-864. The JS would be responsible to keep the beneficiaries at 125% of the poverty level. It could be for life if the immigrants remain LPRs.

2. As long as the adoption is completed before age 18, your daughter automatically gets US citizenship if you are a US citizen. US citizenship ends the I-864 obligation. Adoptions completed after age 18 do not count.

3. Us citizenship ends the I-864 obligations.

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Bring a JS is a big commitment. It's not just signing papers. It's agreeing to support the immigrants for life if certain events (like ciizenship) does not happen.

Personally, I would never agree to support a person who is not an immediate family member.

Edited February 28, 2014 by aaron2020

[Zedayn 485]

1. Yes

2. It looks like yes, if you adopt your step-daughter she will become a US citizen. Although I'm not sure how immediate it would be or the process for doing so. And yes, if you are a citizen, then the affidavit of support is voided for that person.

From: http://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/after-your-child-enters-united-states

A child who immigrates to the United States as the adopted child of a U.S. citizen automatically becomes a U.S. citizen if the adoption is full and final before the child’s 18^th birthday, if the child is "admitted" as a permanent resident before his or her 18^th birthday, and if he or she "is residing" in the United States in the citizen parent’s legal and physical custody.

3. See #2. The affidavit of support is no longer enforceable once the person becomes a US citizen.

[zierra26 0]

Thank you for the quick replies guys.

[aussie_jason 195]

Le sigh... People need to read what they are signing, the I-864 only puts the sponsor on the hook for any means tested benefits that the beneficiary receives without listing the sponsor's income for the means test and even then there are no known cases of sponsors being asked to pay such benefits back.

[Umka36 781]

Le sigh... People need to read what they are signing, the I-864 only puts the sponsor on the hook for any means tested benefits that the beneficiary receives without listing the sponsor's income for the means test and even then there are no known cases of sponsors being asked to pay such benefits back.

Have you read section 8. It's quite interesting (I've paraphrase the section below):

"What Does Signing the Form I-864 Require Me to do?

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125% of the Federal Poverty Guidelines for his or her household size (100% for US Armed Forces).

What If I Do Not Fulfill My Obligation?

If you do not provide sufficient support to the person who becomes a PR based on the I-864 that you signed, that person may sue you for this support."

If the immigrant got a lawyer, they could argue that it's more than means tested benefit. I would not take the I-864 lightly, and it's only fair since the fallback always seems to go be the American resident.

http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

Edited February 28, 2014 by Umka36

[aaron2020 11,651]

Le sigh... People need to read what they are signing, the I-864 only puts the sponsor on the hook for any means tested benefits that the beneficiary receives without listing the sponsor's income for the means test and even then there are no known cases of sponsors being asked to pay such benefits back.

Before one criticizes others for being wrong about the I-864, one should read the I-864 instructions.

[Merrytooth 5,748]

While chances of being sued by govt to pay back the benefits are very low, the sponsored immigrant himself/herself could actually sue the I-864 sponsors for support:

Stump v. Stump, 2005 U.S. Dist. LEXIS 26002
Cheshire v. Cheshire - I-864 Affidavit of Support Enforcement in Divorce Action