New I-864 Affidavit of Support Coming Out?

[pushbrk 12,234]

21 hours ago, Paul & Mary said:

 

I remember that when 10 years (liability) came up in an Arizona  immigration workgroup session that almost half the room thought that the I-864 should apply until the immigrant became a citizen.  I think that would be very chilling.

 

Huh?  10 year requirement?  There is no such thing.  It's not that simple.  The "obligation" of the sponsor DOES end when the immigrant becomes a citizen.  There are a number of triggers to end the obligation, but it is also possible for the obligation to be for the full lifetime of the immigrant.  If the immigrant never works, never becomes a citizen, and never leaves the USA, the only remaining trigger is death.

 

The obligation can be extremely short if the immigrant leave right away and never comes back.  It could be for the immigrants remaining life, OR a number of stopping points in between.

[FAW 12]

33 minutes ago, geowrian said:

Yeah, I'm not so sure on the purpose or validity of bank account information being requested. If using assets, documentation of those assets is already required. Having bank account numbers does not aid in that check.

If it were to be for enforcement reasons (which is not a stated purpose of this proposal), it's quite easy for somebody to just move the funds afterwards. So it doesn't seem very effective either, and even then this is something that would need to go through the courts first anyway.

Meh...I think that part going through is a bit of along shot. But we'll see.

 

I don't think the US public - in general - is supportive of having to bear the burden of somebody who becomes a public charge based on a period of time.

Fraud certainly does happen. But unless that fraud can be proven - in which case the immigrant faces removal - it's a he-said, she-said case and somebody has to cover the burden.

Note that this only impacts people who do actually become a public charge...this is not referring to the vast majority of the immigrant population who do not.

 

The biggest enforcement issue I have with the I-864 is that the agreement itself does not have an obligation for the immigrant to mitigate enforcement of agreement. Meaning they do not have an explicit obligation to seek employment so they do not require being supported under the I-864.

I believe (it's been a bit since I read those cases) there are some district courts that have inferred such a requirement, but most do not.

 

What 10 years?

I happened upon some articles last night about some changes POTUS is making about public charge immigrants.  Becoming a public charge can now jeopardize the ability for the immigrant to maintain their Green Card status.  He wants them out.  There have been a handful of states that have filed law suits against this of course.  Google it and you will find the articles.  I say good on the POTUS for making that road not so easy for those that come here, don’t have disabilities or other issues that keep them from working.  This may not be a popular opinion but it’s mine.  
 

One sided marriage fraud is very hard to prove because those immigrant people are shady/crafty criminals.  They enter the marriage with thag objective unbeknownst to the Partitioner.  Happens in every country.  

[Nitas_man 3,100]

On 4/23/2020 at 7:10 PM, pushbrk said:

Huh?  10 year requirement?  There is no such thing.  It's not that simple.  The "obligation" of the sponsor DOES end when the immigrant becomes a citizen.  There are a number of triggers to end the obligation, but it is also possible for the obligation to be for the full lifetime of the immigrant.  If the immigrant never works, never becomes a citizen, and never leaves the USA, the only remaining trigger is death.

 

The obligation can be extremely short if the immigrant leave right away and never comes back.  It could be for the immigrants remaining life, OR a number of stopping points in between.

4 quarters of SS are credited annually (on USC’s work record)  to an immigrant spouse whether the spouse works or not.  
 

 At 40 quarters of credits?  The support obligation ends.

 

That’s where the 10-yr requirement came from

 

Immigrant / spouse of course have to remain married for the entire 10 years and the USC or immigrant has to have earned those credits each year during that time.

 

Once those credits are earned?  No more I-864 required, ever, for that immigrant.

 

 

 

 

 

[Ryan H 3,796]

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