I-864. How often is it enforced?

[PirateLiker 11]

I know VJ is generally meant to be a happy place for those who are all in on their marriage. But what if something goes wrong? I have been doing a little reading on I-864 and I find it to be troubling if not terrifying. By signing this binding document, which is essentially a contract between you and the federal government, you agree to support the beneficiary for life at 125% of the poverty level. Yes you read that right. There are a few specific things which can absolve you of this responsibility, most notably the beneficiary decides to abandon residency status or the beneficiary works for 10 years. However, the beneficiary is obligated to do neither. It is not like normal alimony where you can have imputed income or other court ordered motivation to have the person work. 

 

I have read reports that say this is not enforced very often but further reading seems to suggest that enforcement is on the rise. Does anyone have any firsthand knowledge of this? I read a recent VJ thread where a sponsor was very worried that it was going to be enforced on him. Have you been on either end of an enforced I-864? If so, can you detail what happened? I appreciate other comments but firsthand knowledge is so valuable.  Please avoid replies that are not directly relevated to the question.

[Boiler 43,419]

I have certainly seem cases where it has been used in Divorce proceeding, do not think it is that common but certainly happens.

[PirateLiker 11]

What do you mean you have "seen cases"? Are you an attorney, or have you just read about them?

[Boiler 43,419]

No Attorneys on here, this is a self help site.

[NikLR 13,220]

Of course its a serious contract.  I wouldnt sign one for a sibling or a friend.  My kid would likely be the only recipient of an I-864 from me.  

~~moved to general immigration discussion from off topic.  Topic is about affidavit of support~~

[geowrian 22,335]

It's not regularly enforced right now, but there certainly are cases where it happens.

How likely it is to be enforced mostly depends on the individual immigrant...some may not want to have any to do with it and others may want every cent they can get out of it.

It is a serious contract and commitment, and has been upheld in courts.

[gregcrs2 1,777]

If you are so concerned about it, then perhaps you shouldn't get married.  If things go the wrong way, that could be the least of your financial concerns.  

[PirateLiker 11]

12 hours ago, NikLR said:

Of course its a serious contract.  I wouldnt sign one for a sibling or a friend.  My kid would likely be the only recipient of an I-864 from me.  

~~moved to general immigration discussion from off topic.  Topic is about affidavit of support~~

Are you an American marrying a foreign person? If so, I think you have to sign one or your marriage cannot continue and your spouse must return to Canada. Am I right about this?

[PirateLiker 11]

9 hours ago, gregcrs2 said:

If you are so concerned about it, then perhaps you shouldn't get married.  If things go the wrong way, that could be the least of your financial concerns.  

What are the other financial concerns?

Edited November 18, 2018 by PirateLiker

[Boiler 43,419]

I 864 has been brought into a Divorce Settlement http://www.i-864.net/

 

The above seems to happen more often than Government enforcement

 

But of course that is looking backwards,  this is going forward and it would be wise top assume it means what it says. Out there until potentially you or she dies.

[bakphx1 785]

People seem to take the entire process lightly at times and come on websites like this because they forged ahead without reading anything first.

 

Yes, it’s a 10-year commitment, and yes people come on here because they are divorcing someone but the person has status and can’t be made to leave.  

 

If you haven’t contemplated your comfort level with this, you should.

 

 

[ThomasNC1988 762]

9 minutes ago, bakphx1 said:

People seem to take the entire process lightly at times and come on websites like this because they forged ahead without reading anything first.

 

Yes, it’s a 10-year commitment, and yes people come on here because they are divorcing someone but the person has status and can’t be made to leave.  

 

If you haven’t contemplated your comfort level with this, you should.

 

 

It's actually an indefinite commitment if the beneficiary chooses not to work or obtain citizenship.

[Boiler 43,419]

4 minutes ago, ThomasNC1988 said:

It's actually an indefinite commitment if the beneficiary chooses not to work or obtain citizenship.

Or die

[ThomasNC1988 762]

Just now, Boiler said:

Or die

Can't argue with that.

[NikLR 13,220]

1 hour ago, PirateLiker said:

Are you an American marrying a foreign person? If so, I think you have to sign one or your marriage cannot continue and your spouse must return to Canada. Am I right about this?

Okay i am the Canadian and yea my husband signed one for me.  I would sign something equal if we moved to Canada.  However I wouldnt sign one as a joint sponsor or as a primary for a sibling.