timd720

Hi, Just joined BE and I have found more useful and informative information on here in an hour than I have done in days of searching the web.

Can anyone clear up a minor point for me please.

My future wife (American) does not reach the financial support level requested and her sister is co-sponsoring. I understand the reason for this requirement is to prevent me being a drain on the benefit system. My question is two fold. 1. Would my wife have to forfeit the small amount she gets on the Food Stamp Program and 2. what are the obligations her sister has to undertake as co-sponsor ?

Any advice would be appreciated

Kind regards to all

Tim

Michael

Your wife should not affected by means tested benefits, only you so her benefits should remain the same if the household income is below a certain level. However when you start working, that may possibly change because household income will increase. In theory, the government can come after her sister (until you become a USC, work 40 quarters, be an LPR for 5 years to receive medicaid or SCHIP benefits, or relinquish your green card which ever occurs first) if you collect means tested benefits but not unemployment compensation, workers compensation, or any other non means tested benefits..

timd720

Michael, Thank you very much for your quick response and thats put my mind at rest. There are bound to be other things that pop into my brain over the next few months, so I will be sure to be back. Thanks again. Tim

ian-mstm

Mostly correct. There are five criteria, any one of which will release the sponsor from their financial obligation under the I-864:

1) The beneficiary becomes a US citizen
2) The beneficiary is credited with 40 qualifying quarters of work
3) The beneficiary leaves the US permanently
4) The beneficiary dies
5) The sponsor dies

Being an LPR for 5 years does not release the sponsor from their obligation. Divorce also does not release the sponsor.

Ian

jeffreyhy

True. Although, an spousal immigrant can accumulate the necessary 40 quarters of work in 5 years if their spouse is working and they get to work their self right away. (And stay married.)

Regards, JEff

jeffreyhy

This is clearly spelled out in Section 8 of the I-864 Affidavit of Support.

Regards, JEff

Noorah101

Hi Tim, Welcome to BE.

Are you doing a K-1 fiance visa? Or are you planning to marry first and do an Immigrant Visa?

The Affidavit of Support is different for each, that's why I ask.

Rene

ian-mstm

True. Although, by the same token, that might never happen.

Ian

jeffreyhy

True. And I can't think of another 'although', so I think we've covered it all.

Regards, JEff

ian-mstm

Ian

Rete

When did this come about? My husband had to work for ten years to qualify for SS benefits. Thus if he could not qualify at 5 years (20 credits) for SS benefits, how the world would the I-864 be considered satisfied?

BTW he was not accorded 20 credits from my working experience and yes, we were working at the same time.

timd720

Good Morning and thank you all for your valuable advise and comments, I never intended on starting WW3 though Tim

avanutria

Don't worry Tim, this thread is pretty tame compared to some of the others!

ian-mstm

This is from the I-864 Instructions: "Any intending immigrant who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parent(s) while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such."

Of course this refers more to whether or not an I-864 is even required, but I'm wondering if it wouldn't be too difficult to make the case for satisfying the I-864 obligation. The phrase "intending immigrant" could mean more than just someone who hasn't yet arrived in the US.

Just a thought.

Ian

jeffreyhy

Google is your friend.
http://dhs.dc.gov/dhs/cwp/view,a,134..._GID,1728,.asp