Non consenting spouse

[EM_Vandaveer 2,366]

This may very between embassies but usually, if you file taxes jointly, your wife will fill out an I-864 and you would have to fill out a I-864a as a household member. If you refuse to fill out an I-864a, the financial part of the application will not be approved.

Exactly. In the case of jointly filed taxes, it's not obvious what part of the income belongs to which party.

[Dissenter 0]

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html

How would these type of things ever be uncovered during the interview process? Is each potential immigrant investigated that closely? I don't think she even files income taxes.

Edited September 4, 2016 by Dissenter

[belinda63 2,981]

I believe the way it works is when the I-864 is filed with NVC she will provide the joint taxes and if you don't provide a I-864a NVC will only consider her income. Same thing with assets, if the account is joint they won't consider it since you have not consented to have your income/assets used.

[Dissenter 0]

So your wifes a public charge and wants tonbring someone here....

Or partially??

No, not my wife, never been on public assistance. But she has already found a lot of info on the web she claims she can get her sister and minor child approved for (food stamps, assisted housing, assisted insurance, assistance for her kid, etc). It's absolutely mind-boggling and infuriates me to no end. Everything you would think the US taxpayers would want to avoid having to be responsible for. What's the point of the affidavit of support then? So yes, the sister would be brought here and immediately become a public charge.

[Unidentified 2,930]

No, not my wife, never been on public assistance. But she has already found a lot of info on the web she claims she can get her sister and minor child approved for (food stamps, assisted housing, assisted insurance, assistance for her kid, etc). It's absolutely mind-boggling and infuriates me to no end. Everything you would think the US taxpayers would want to avoid having to be responsible for. What's the point of the affidavit of support then? So yes, the sister would be brought here and immediately become a public charge.

Does her sister really qualify for assistance? The whole affidavit is designed for the immigrant not to be a burden for tax payers.

[Dissenter 0]

She cant bring child with out fathers concent its parental kidnapping.

I suspect a consent form can very easily be forged.

[Dissenter 0]

Does her sister really qualify for assistance? The whole affidavit is designed for the immigrant not to be a burden for tax payers.

Good question. My wife is basing this on info off of county/state/federal government websites. I agree with you, it doesn't make any sense at all. I am curious if anyone here can truly answer your question.

[Harpa Timsah 13,258]

I suspect a consent form can very easily be forged.

Do you think they just accept a piece of paper?

And yes, background checks will catch prostitution.

And the immigrant will not qualify for assistance. The gov. can sue your wife to pay back anything the sister accidentally gets.

Edited September 4, 2016 by Harpa Timsah

[Unidentified 2,930]

Good question. My wife is basing this on info off of county/state/federal government websites. I agree with you, it doesn't make any sense at all. I am curious if anyone here can truly answer your question.

You should inform your wife that she'll be paying for everything her sister needs because she can't get those benefits as an immigrant.

[SunflowerSweet 1,321]

Exactly. In the case of jointly filed taxes, it's not obvious what part of the income belongs to which party.

Hmm. I was told that an I-864a was not necessary from a spouse if the "main" sponsor supplied a W2 and employment letter/pay stubs to show that the single spouse alone makes enough.

It was a mod I believe who told me this, and it's what I did for my joint sponsor for the I-864 so I hope it's accurate..

[Dissenter 0]

Do you think they just accept a piece of paper?

And yes, background checks will catch prostitution.

And the immigrant will not qualify for assistance. The gov. can sue your wife to pay back anything the sister accidentally gets.

Thank you for your very informed answers throughout this thread.

Am I to assume that the father will have to attend the interview and give consent? Anything less I would assume could be forged.

I am skeptical on the background check. These bars are very very secretive, no one new or suspicious is allowed in. I don't know how the investigator would ever uncover it.

Govt can, but do they ever do? Is the fact that there is an affidavit of support for the immigrant asked when applying for public assistance?

[Harpa Timsah 13,258]

I am not sure how they get the parental consent in every country. In countries where notaries are reliable then they would accept a notarized document. If they are not reliable then they might ask for an in-person consent statement. I don't know. But this is a serious enough issue that I trust whatever they do, and I have seen many cases where people could not get consent for kids to move, which tells me it's not as easy as faking a signature. You can probably find out what they accept on the US embassy site for Malaysia.

What this sister is planning is not a good or well-thought-out plan, and the US embassy has seen it all before, and has safeguards in play. She doesn't sound like a criminal mastermind.

For prostitution, she will have to give a work history, and she will say she works at or owns this bar, and if there is a "bar" culture in Malaysia the embassy can connect the dots and she will be barred for life. I have also seen this happen on this very forum more than five times.

Edited September 4, 2016 by Harpa Timsah

[belinda63 2,981]

As to her work that just depends on what sort of investigation the embassy does and what the sister may say on her paperwork/interview. Maybe a friendly reminder that lying is a misrepresentation and could cost her the green card if she gets one.

If the wife makes enough herself and/or has her own personal assets she can sponsor without any consent by you. You would have no liability as you wouldn't be making the contract with the government. Usually if the new immigrant is given benefits they will ask for the sponsor's information and include their income in calculating the household's income. But some areas don't care about immigration status and will give everyone benefits.

Question: Where is the sister going to be living if she gets here.

[Unlockable 7,306]

Listen.

From what you posted it seems as though they have a plan. And it seems to get the sister on US soil. I'm no expert but it seems in this type of situation the immigrants will find a way with or without the USC. If your wife isn't heeding your concerns then the only thing you can do is not agree to the support. If they find other means to get her here (remember, it doesn't have to be you to be a cosponsor) then there is not much you can do.

You need to inform you wife more of what she and her sis is getting into. Also, has your wife mentioned where the sister will stay if she arrives to the US? Seen many threads where the USC was caught off guard by their spouse wanting to have extended family living under their roof.

I feel your frustration with the possibility of her becoming a public charge. But unfortunately there are many foreigners who have the mindset that America can afford to take care of them.

[Anitafeliz 1,133]

I think he would be liable.....

If it's a household and they share expenses.....if she has to take away from what she pays in the house to pay back money then she's making husband have to pick up that slack.

Honestly this can strain the already strained marriage.