non sponsoring spouse liability on I-864?

[Lalous 0]

Is my spouse and her assets liable if I sponsor my sister using I-864?

[USS_Voyager 1,971]

No, if it's in her name only. 

 

But if it's considered "community asset", it might be. For example, a house that is in both of your names and you use both incomes to pay for it. 

[Lalous 0]

10 hours ago, USS_Voyager said:

No, if it's in her name only. 

 

But if it's considered "community asset", it might be. For example, a house that is in both of your names and you use both incomes to pay for it. 

so a joint bank account in both of our names would be liable, but an account in my spouse name wouldn't, right?

[CEE53147 559]

Are you expecting your sister to become dependent on the US taxpayers? What is the basis for your concern?

[USS_Voyager 1,971]

8 minutes ago, Lalous said:

so a joint bank account in both of our names would be liable, but an account in my spouse name wouldn't, right?

Correct. 

However, the one thing I don't know is, how far can they go back to look at the history of your finances to see if you intentionally/strategically "move" assets out of your name to avoid a legal obligation. You know, somewhere along the line of say someone want to apply for medicaid/welfare, but they have assets such as houses or money. They deed their house to their children for example, to qualify for a public benefits. The government can unravel that in 2 seconds. 

Edited March 11, 2019 by USS_Voyager

[aaron2020 11,651]

Your wife may be required to file the I-864a in order for your sister to immigrate.

 

 

[Lalous 0]

10 hours ago, CEE53147 said:

Are you expecting your sister to become dependent on the US taxpayers? What is the basis for your concern?

not really, just want to mitigate my wife's concerns.

[Lalous 0]

10 hours ago, USS_Voyager said:

Correct. 

However, the one thing I don't know is, how far can they go back to look at the history of your finances to see if you intentionally/strategically "move" assets out of your name to avoid a legal obligation. You know, somewhere along the line of say someone want to apply for medicaid/welfare, but they have assets such as houses or money. They deed their house to their children for example, to qualify for a public benefits. The government can unravel that in 2 seconds. 

I could use bank account in my name only to qualify,  but my wife doesnt want to use her portions from our joint account.

[Lalous 0]

10 hours ago, aaron2020 said:

Your wife may be required to file the I-864a in order for your sister to immigrate.

 

 

not really, I can qualify without her doing so.

[aaron2020 11,651]

4 minutes ago, Lalous said:

not really, I can qualify without her doing so.

You may not have a choice if your income is community property.  Half of your income would belong to your wife and for you to use it to sponsor your sister, the US Government may want her to sign the I-864a.  This has happened to others.

[CEE53147 559]

8 hours ago, Lalous said:

not really, just want to mitigate my wife's concerns.

 

 

Her concerns are valid.  If you were single, would there be a problem with sponsorship?  Once your sister arrives, will she and her family be dependent on you for support for even a short time? Will your support of your suister adversely affect your core family's lifestyle? ...

[SusieQQQ 11,584]

I presume your wife is a USC who sponsored your green card?

 

re your sister, is the case at NVC or are you only going to be filing i130 for her now?

 

 

[geowrian 22,335]

Often they will want to see an I-864A from a current spouse of a sponsor. It's not strictly required, but is within their ability to do so and they have actually done so.