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Posted

What are the legal responsibilities of the petitioner if they are not the affidavit signer? 

 

I want to make a green card for my parents. If a third party signs the affidavit, what are the legal responsibilities of the person who is the petitioner?

 

For context, I am a US citizen with parents in Europe and want to understand any legal responsibilities I would sign when I made a green card for my parents.

Filed: Citizen (apr) Country: Myanmar
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Posted
1 hour ago, dare9436 said:

What are the legal responsibilities of the petitioner if they are not the affidavit signer? 

The petitioner has to sign an I-864 unless the beneficiary can be credited with 40 social security credits or the beneficiary will automatically acquire U.S. citizenship upon entering the U.S. 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Regardless of if a co-sponsor is used, the petitioner still has to sign a separate I864.  

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
4 hours ago, dare9436 said:

What are the legal responsibilities of the petitioner if they are not the affidavit signer? 

 

I want to make a green card for my parents. If a third party signs the affidavit, what are the legal responsibilities of the person who is the petitioner?

 

For context, I am a US citizen with parents in Europe and want to understand any legal responsibilities I would sign when I made a green card for my parents.

As the primary sponsor, the obligations are exactly the same for you and the joint sponsor.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
4 hours ago, dare9436 said:

What are the legal responsibilities of the petitioner if they are not the affidavit signer? 

 

I want to make a green card for my parents. 

 

Yoh can't make a GC for your parents.

 

You can petition them for IR5 visas.  You will need to be the primary affidavit of support sponsor.

 

They will apply for the visa once the petition is approved.

Posted
10 hours ago, dare9436 said:

What are the legal responsibilities of the petitioner if they are not the affidavit signer? 

 

I'm assuming your parents have never worked in the US, hence no social security credits.  If so, as the petitioner, you cannot escape from being the primary I-864 sponsor, even if you have a joint sponsor.

 

Posted

Thank you everyone for your responses, it's very helpful.

 

I've read here https://www.jacksonwhitelaw.com/immigration-law/how-to-sponsor-an-immigrant-friend that "Contrary to popular opinion, you are not liable for your immigrant friend’s personal debt, credit cards, or medical bills. As long as you ensure that he or she is not on the receiving end of means-tested government assistance programs, you are safe."

 

I was hoping to confirm that is the case. My partner (the US citizen who sponsored me) asked me to understand clearly what responsibilities we're signing for if we are sponsoring my parents.

Posted
12 minutes ago, dare9436 said:

My partner (the US citizen who sponsored me) asked me to understand clearly what responsibilities we're signing for if we are sponsoring my parents.

 

List of Means-Tested Public Benefits from the official source, USCIS -- https://www.uscis.gov/i-864p

 

As for medical bills, legally you may not be responsible, but these are your parents, right?  Surely you have a plan in place to cover their current or potential medical needs?  In case you haven't already done so, you and your parents should seriously consider their health insurance options upon immigrating to the US.

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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