I think I did something very stupid...

[EricJin 0]

Hey is the scenario...

My whole family has moved to the U.S. back in 2002.

We have been here for a while under green cards.

All my whole family have moved on and became US citizen back in 2013. I haven't gotten around it yet.

I still have a green card. In the mean time I graduated from college and went on and worked since graduation under my Green Card. Now prior or about the time my brother became a U.S. citizen... He got in a relationship with this Chinese gal, they both at the time were in college, him with a GC and her with a student visa.

With her up coming graduation she and my brother decided to get married... So she can stay. That was back in 2013, during the whole process my brother talks me into signing a I864a for his to be wife. My income is a lot higher then his... Made sense right... I looked over it and was reassure by him and her that she wouldn't be a financial burden... So far so good. I sign the paper, later on my brother informs me that he didn't even have to use my i864a... I don't know what this actually mean I don't know it it was used or not and at this current point in time I would rather not ask.

Here are my concerns... I sense that there is something going one between the two of them, I suspect that she is having an affair but can't prove it... If this really goes south, and they get a divorce what am I on the hook for? Can I protect myself at this point? What are precautionary measures I can take?

She is under a GC

My brother is US Citizen

I am a GC Holder married to a U.S. Citizen and might became US citizen myself.

This is making me loose sleep... Help

[Boiler 45,670]

Too late to do anything now.

You can read the form, states your obligations.

[EricJin 0]

nothing... Wow absolutely nothing?!

[tuckin14 58]

I don't know exactly what your brother meant by "he didn't even have to use my I864a" either.

If your I-864 is indeed a part of your sister-in-law's immigration file, you could be obligated to support her, but the conditions are limited. There may be others on this board who know better than I, but I think it means only that if she gets means-tested government benefits like welfare or food stamps, you could be required to reimburse the government.

If your sister-in-law is gainfully employed with a decent job (I think the standard is 125% of the poverty level, which is maybe $14,000 for a single person) you will not be obligated for anything.

There is nothing you can do to revoke it, if indeed it was filed. But just because they separate does not make you liable. My wife and I separated almost as soon as she arrived in the USA, but even as much as she despised me, there is no way she would have quit her job and tried to live on public assistance just to spite me.

Also, would your brother accept his moral responsibility to reimburse you?

The obligation continues until the resident loses their residency and leaves the USA, becomes a citizen, or earns 40 quarters of coverage under Social Security (i.e. works for 10 years in the USA).

[Boiler 45,670]

Correct

[Cheezees 1,514]

Honestly, I don't see anything strange going on at all.

You agreed to sponsor her. There was no gun to your head. Maybe it turns out they might have qualified themselves but you agreed.

Now they might be getting a divorce. This is not uncommon. She can apply to citizenship 90 days before the 5th anniversary of her conditional green card. If they remain married, knock 2 years of of that timeframe. If any of these two occur, your obligation (which you should have read about) is over.

If not, your obligation extends to the 10th anniversary of her green card. So if, for example, she begins collecting food stamps (or the like), the government can pursue you to recoup the funds.

I don't get the sense that this is where she is headed, only that they are headed for divorce, which, on its own, doesn't make your decision to sponsor a "mistake".

nothing... Wow absolutely nothing?!

What is this comment in reference to?

[EricJin 0]

Thanks guys!

Right at this point nothing is really going on... They might dicorce they might not, she might be cheating she might not.

Agreed no one held a gun to my head, but sometimes the notion of family is even stronger then a gun.

I signed because my brother asked. Period.

Now if this goes south I am sure my brother would shoulder the responsibility if he is able.

From what you guys are saying.

1. She would have to be below level of poverty for her to get financial assistance from me. She would actually have to not work and me a potato.

2. My responsibility ends once she become American?!

3. I don't know what I mean by "they might not have used it" I don't know if my i864 was filled in order for her to get her GC.

He'll sounds like I should be ok!

He nothing wow nothing was for the short answer... Too late nothing you can do now comment.

[Darnell 8,478]

you might be able to inquire with uscis via FOIA to ask, specifically, if your I-864A is in HER casefile, but ya gotta file a form (I forget which one).

alternatively, you can ask your brother for a complete file copy of what was actually filed into USCIS. Then study what's what. If there was an interview, is possible the IO reviewed the I-864 stuff from your brother and you, decided yours wasn't needed, but you need more confirmation that just what yer brother said (IMO).

[Cheezees 1,514]

1. She would have to be below level of poverty for her to get financial assistance from me. She would actually have to not work and me a potato.

2. My responsibility ends once she become American?!

3. I don't know what I mean by "they might not have used it" I don't know if my i864 was filled in order for her to get her GC.

1. She would not have to work, he would not have to pay alimony to a spouse who would be on welfare (which most likely means he would be in dire straits too), and she would get assistance from the government. It does not come from you. The government could try to recoup from you but you DO NOT have to support her directly.

2. Yip! Sponsors do not "sponsor" citizens. You're off the hook. But if she never decides to obtain Citizenship, like you haven't, and she continues to work, then 10 years (40 quarters) is the limit. Sponsor DO NOT sponsor PRs indefinitely.

3. If you were close enough for him to ask you to sponsor, you are close enough to ask if your form was filed. As the person who is liable, you should not be in the dark about this. (Also, please don't feel any shame/awkwardness in asking. Think of it this way - many a Judge Judy case are initiated by cosigners who "dare" to ask if regular payments are being made on the loan they cosigned which is not only their right to do, but prudent).

[Cheezees 1,514]

you might be able to inquire with uscis via FOIA to ask, specifically, if your I-864A is in HER casefile, but ya gotta file a form (I forget which one).

alternatively, you can ask your brother for a complete file copy of what was actually filed into USCIS. Then study what's what. If there was an interview, is possible the IO reviewed the I-864 stuff from your brother and you, decided yours wasn't needed, but you need more confirmation that just what yer brother said (IMO).

[EricJin 0]

Thank you so much guys!

[Eric & Idalia 56]

Hey is the scenario...

My whole family has moved to the U.S. back in 2002.

We have been here for a while under green cards.

All my whole family have moved on and became US citizen back in 2013. I haven't gotten around it yet.

I still have a green card. In the mean time I graduated from college and went on and worked since graduation under my Green Card. Now prior or about the time my brother became a U.S. citizen... He got in a relationship with this Chinese gal, they both at the time were in college, him with a GC and her with a student visa.

With her up coming graduation she and my brother decided to get married... So she can stay. That was back in 2013, during the whole process my brother talks me into signing a I864a for his to be wife. My income is a lot higher then his... Made sense right... I looked over it and was reassure by him and her that she wouldn't be a financial burden... So far so good. I sign the paper, later on my brother informs me that he didn't even have to use my i864a... I don't know what this actually mean I don't know it it was used or not and at this current point in time I would rather not ask.

Here are my concerns... I sense that there is something going one between the two of them, I suspect that she is having an affair but can't prove it... If this really goes south, and they get a divorce what am I on the hook for? Can I protect myself at this point? What are precautionary measures I can take?

She is under a GC

My brother is US Citizen

I am a GC Holder married to a U.S. Citizen and might became US citizen myself.

This is making me loose sleep... Help

When I went to my interview for a CR1 visa, the consul said he didn't need the I-864A that our joint sponsor's husband had signed. The thing is that I asked him to give it back to me. And he said to the consul he was training "This is weird. It's the first time they asked it back." But I thought that if he didn't need it, it was not necessary to file it. Once in USA, I am going to go to our joint sponsor's house to give it back to him. (Even though they said I could destroy it).So I say better ask your brother what happened to that document (it was filed with all the paperwork or it was given back to him?) before stressing out.

[lbreal1 16]

Don't lose sleep over that. As long as she does not apply for and get welfare benefit either from the state agencies or from the Fed then you have nothing to worry about . The only time sponsor should worry is when the beneficiary use the state and Federal means tested public benefits. See the below link

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

[EricJin 0]

Guys,

I feel better about this!

Yes I will do my due diligence!

Thanks!!!

[Darnell 8,478]

what news from your brother ? did he hand over the file copy or no ?