[Phil1979]

Form I-864 has the following:

"Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size..."

Does this mean that if my wife petitions her mother from the Philippines, that we'll be responsible for providing her an income, even if she lives with us?

I assume if she wants to move out to her own apartment, we'll be responsible for providing her around $15,000 (125% poverty level for one person) per year - is that right?

What does the law require us to give her if she wants to live with us?

 

[Rugerer]

If she supports herself, nothing. The requirement is to provide whatever is necessary. If it's not necessary, you don't need to provide it. The goal is to keep the immigrant off of public assistance. If she did apply for public assistance, they can come after the sponsor for the money for up to 10 years.

 

[Phil1979]

I just now found this at: http://www.gibbshoustonpauw.com/financial-responsibilities-sponsor-immigrates-family-member-u-s/

"Even if the I-864 is required, the sponsor may ask that the immigrant provide a signed waiver of his/her rights to enforce the support obligation, perhaps in exchange for other consideration. This would not waive the government's right to collect any welfare benefits paid, but it would nonetheless be important."

How would I draw up such a waiver/contract, and what "other consideration" would make it enforceable?

 

[Jonboy]

Never heard of a waiver and don't know what it would mean anyway. The I864 is you proving to the government that you have enough income to support the prospective immigrant and as stated previously you agreeing that the government can come after you for reimbursement if she receives public assistance from the government.

 

[Bkite]

. If she did apply for public assistance, they can come after the sponsor for the money for up to 10 years.

Surely she wouldn't. You state that they can come after the sponsor. Do they most of the time?

 

[rmodel65]

Yes and you could technically get stuck paying for her if she doesn't gain employment..I remember see an article a while back a spouse came overy sponsored. Divorced the person and they were still required to pay for them...

 

[Rugerer]

There are two parts to the contract. You are promising to support the immigrant and keep that person from collecting public benefits. If the immigrant collects public benefits, the government can sue you for recovery. If you don't support the immigrant, as necessary, the immigrant can sue you for the support.

Some key points from Form I-864 instructions.

This affidavit is a contract between a sponsor and the U.S. Government. Completing and signing Form I-864 makes you the sponsor. You must show on this affidavit that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines.​

If the immigrant sponsored in this affidavit does receive one of the designated Federal, state or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.​

Your obligation to support the immigrants you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States. (10 years)​

From the form itself:

If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support.

 

[rmodel65]

My friends mom should Sue for support her husband divorced her I think and she's never worked at all...and she's still not a citizen

 

[Phil1979]

The way I view the form, it's not merely proving to the government that an immigrant won't go on public assistance. It also looks like an immigrant can claim INCOME from a petitioner if they decide to move out (or even if not).

That's what I want a waiver on. I don't have a spare $15k per year to give someone income. I certainly intend to provide enough support at home so no public assistance will be required.

 

[Jonboy]

What if she has health issues? I don't know how old she is, but you can burn up $15k and more in a flash going to the hospital.

 

[Phil1979]

The plan is for her to seek work and obtain health insurance. In non-employment times, the plan is for my bride to work and pay the cost of the policy.

Not sure how all THAT will work out though...<sigh>.

What if she has health issues? I don't know how old she is, but you can burn up $15k and more in a flash going to the hospital.

 

[gsusnake]

Jeez. I see why people do it illegally.

Speaking of...

 

[Malum Prohibitum]

Her plan is for you to support her entire extended family with a never ending list of "needs."

 

[Bkite]

Jeez. I see why people do it illegally.

Speaking of...

The process isn't and/or shouldn't be for the immigrant. Americans need protections from the redistribution of their honestly earned money.