Affidavit of support problem (I-864)
 

hi guys.
I am in the US for 1 month but didnt apply for AOS because of small problem with affidavit of support.
I wonder if any of you had been in the same situation or can help with any practical advice.
My husband currently does not work coz' he is full time student. Certainly he cannot fill this affidavit form.
We askED his dad to help us coz he owns real estate office and makes decent money.( he also helped us with affidavit of support for receiving K-3 visa).I sent him the form and the instructions which i downloaded from USCIS site.HE called us back and said he is afraid he wont fill the form because from what he read and understood it forces him to name exactly how much money he has, his property, savings, etc. Means to name each and everything he has, kinda. So far, so good BUT it says if anything happens to me, like cancer(god forbid:)) or any other medical or non medical condition that will require to spend huge amounts of money on me he is obligated to do it. Literally, the goverment has right to take as much of his money as it might be needed-in extreme case even all of his money.
I can Understand the man and his fears, he worked hard for years, and its definitely a risk to take by signing this form. You never know what can happen.
So right now i have no one to sign this form.
What can i do? Did it happen to you?
Please help with your advices or experiences sharing.
Thanks!

Re: Affidavit of support problem (I-864)
 

Your father-in-law is quite right in having these fears and it is good that he is expressing them and talking them over with you. He has read the form and knows that he is liable for any government means tested benefits that you might incur while the affidavit of support is still in effect. As you have a husband, he will also have to complete and I-864 as well as his father, if he decides to become your co-sponsor. If you did receive means tested benefits the first in line that the government will go after is your husband. If he cannot pay back the government, then the government will go after your co-sponsor. It is hoped that at some point in time you and/or your husband will become employed and when employed will obtain medical insurance. That insurance will cover (hopefully) all your medical expenses with the exception of most co-payments and incidentals.

Rete

Re: Affidavit of support problem (I-864)
 

Thanks ,Rete

Re: Affidavit of support problem (I-864)
 

Question for you, Rete

Which means-tested benefits might be associated with medical needs? Would that me Medicaid? Let's say the beneficiary gets hospitalized or otherwise racks up high medical bills, and is unable to pay them. It doesn't mean they used any means-tested governent benefits, right?

Rene

Re: Affidavit of support problem (I-864)
 

other people in your position have put off school for a semester and gone out and gotten one or two jobs, I guess in the end, it comes down to priorities.

Re: Affidavit of support problem (I-864)
 

As i understand the I-864 responsibility:

I'm not sure about the medical coverage, but i have read that immigrants are not even eligible for foodstamps for the first 5 years they are here, so i am thinking that it is probably the same for the medical. Also, maybe it is just the monthly premium for the health coverage that he would be responsible for... i know that is how it worked when they held my ex-husb responsible for my daughter's state medical coverage a few years back.

You are also eligible to apply for US citizenship 3 years after receiving the conditional GC and if you get citizenship then his sponsorship would be cancelled.

Also, if your sponsor has income that qualifies, then he shouldnt have to supply info on all of his assets.

So maybe it is not as risky as it first sounds. Maybe do some more research on this and then talk to him again.

Good Luck!
Marnee

Re: Affidavit of support problem (I-864)
 

Rene

I don't have the URL handy but what is considered means tested benefits is listed on the USCIS website.

The OP's f-i-l used the example of medical bills. Whether that is part of it I don't know. The USCIS website should say if medicaid/medicare is part of means tested benefitis if they pay any part of your medical expenses. I, in turn, pointed out that one or both of them should in the near future obtain employment with health benefits and thus eliminate that fear.

Rete

Re: Affidavit of support problem (I-864)
 

Just wanted to wish you luck. I was in a similar situation as you. My husband and I put off his AOS paper work because I was attending college and wouldn't meet the guidelines. I was close to finishing and we both decided that I should finish vs dropping out and finding a job or two to meet the guidelines. We had our AOS interview in Sept and at that time we did not have a co sponsor, we thought since I make enough money now that the past 3 years with me in school wouldn't matter to much (thought my current income was the most important), we were wrong to assume. We were told we needed a co sponsor. We knew it would be hard to find someone. My husbands Uncle agreed to help (can't thank him enough). It took some talking over with him, and he agreed. I wouldn't give up on your husbands father, but try to find a back up plan. If all else fails then maybe your husband will have to quit school for the time. If your father in law doesn't wan't you to see his income, then he can put everything in an sealed folder. My husbands Uncle did that. Alittle off topic...I was surprised about how patient the officers can be. My husband and to show back up at the office last week with the 2003 taxes (has an extension, but not yet completed) and his Uncle's buisness license. The day of his appt in the morning the officer called to see if my husband can come in earlier, he said sure. Then he told her about the tax extension (we were worried if it took too long they would be impatient can deny his green card). She said no problem, told her when the extension is due and she gave another appt plus her cell phone incase we still don't have the taxes or is my husband can't get thru security. Made us feel better, sorry about the ranting..just shocked me some. Again good luck to you!

Re: Affidavit of support problem (I-864)
 

Go here:

http://uscis.gov/graphics/publicaffa...ets/affaqa.htm

There is a wealth of information and towards the bottom outlines means tested benefits

It also answers the OP's f-i-l's question regarding assets. From reading it I would conclude if earned income from employment is sufficient assets need not be disclosed. But then I'm not an attorney doing the reading but that is what this layperson concluded. Perhaps the OP should read it and print it out for her f-i-l

Re: Affidavit of support problem (I-864)
 

Thanks, Rete! :)

Re: Affidavit of support problem (I-864)
 

Here is another link that explicitly lists what is considered means tested benefit and what's not (this is from Dept. of State):
http://travel.state.gov/visa/immigra...overty3.html#5

Note that medicaid is considered a means tested benefit but emergency medicaid is not (I have no idea what the difference is, but the name says for itself that emergency help probably will be available). Since with all these public means tested benefits you have to apply for them before you get them, maybe you can convince your farther-in-law that no matter how tough the times are you will never apply for them until you get your citizenship? And your farther-in-law might only need to help you to get through the tough times.

I agree with Rete that having medical insurance is always a good idea. You should check with your husband's university though: when I was a student we could sign up our spouses for the student health plan (yes, we had to pay a premium, but it was still better than private isurance rates). When you get a great job with a good health plan you can just cancel it ;)