kins

But suppose you marry someone, then you get divorced a few years later. They have their green card and decide to stay in the US and live off benefits for as long as they can. They don't claim citizenship, they don't work, they don't leave and they aren't subject to removal proceedings. Couldn't that go on for the rest of their life? And wouldn't you then be liable for all those payments?

That was my interpretation, and it amazes me sometimes that anyone is willing to sign an I-865...

ian-mstm

It just might, yes.


... or until the beneficiary dies. Even divorce does not release the sponsor for financial responsibility under the I-864.


It's quite possible that someone never meets any of the criteria, and it does happen. Indeed, we know of at least one case where, as part of the divorce proceedings, the beneficiary successfully sued the sponsor for support at 125% of the poverty level.

This is why it's vitally important, when someone signs the I-864, that they do so in full realization that it *is* a binding contract with the government... and not something to be taken lightly in the hormone-induced nirvana of "true love".

Ian

Shana131

Theoretically, I suppose it could, though I've never heard of that happening. I don't know why anyone would want to come here to be supported at only 125% over the Federal poverty level. That's not a life, espcially when they could work at something productive. Most people either sign Affidavits of Support for a family member they know well, or if fraudulent, they at least know the person wants the Green Card to work. And a new immigrant can't accept public assistance for five years.

People are willing to do a lot for those they know well and care about. People become Joint Sponsors every day and co-sign for loans, etc.

There are also plenty of foolish law breakers as well. It amazes and saddens me more that people rob a convenience store and kill the owner for five or ten dollars, but it happens. It's happened twice in my area that I know of, and I live in what's called a "good" and "quiet" area.

Shana131

Exactly right, Ian. It says right on the form that divorce doesn't eliminate the need to support.

ian-mstm

However, *you* are thinking like a responsible person should... they are thinking more like "Freddie the Freeloader" (with apologies to the late RS).

Ian

kins

And this is why I said that signing an affadavit of support is a test of a relationship. It's just not something a sensible person should do for someone they don't know that well.

If I was the OP's girlfriend there is no way I would sign an affadavit of support - I just wouldn't feel I knew my potential other half well enough. No way would I go from 'just friends' to potentially supporting the other person for the rest of their life, just to find out if we really were right for each other.

In the OP's situation I think I'd be more likely to try to live together probably in a third country for a while to test the relationship, rather than leap straight in.

Rete

But it can be. The reasons for the termination of the I-864 are as follows:

1. 40 eligible working quarters under Social Security requirements; or
2. Naturalization to US citizen; or
3. Death and settlement of estate; or
4. Voluntarily leaves the US and relinquishes their green card; or
5. Deported from the US and stripped of their green card.

So if someone choses not to work, die, or naturalize and does not give or has rescinded their residency status, the sponsor may well have to support them for life ... theirs or yours.

Also note that the I-864 is still enforceable:

1. If you divorce; or
2. If they marry someone else;
3. Or if they have a smart divorce attorney as some have secured in the past and the I-864 is enforced by the court as maintance on a monthly basis.

Shana131

Everyone on here has always been in agreement that the I-864 can obligate a person to support an immigrant for the rest of his/her life. No one has disputed that fact. The only thing that was even remotely debatable was the fact that there are some people who show no compunction to enter into a fraudulent marriage for monetary or other gain despite this fact of possible continued support. And I should have said "neccessarily support for the rest of his/her life." My correction.

I still don't personally consider signing the I-864 any test of a relationship at all, however, or there wouldn't be so many fraudulent marriages, i.e., marriages taking place solely to gain an immigration benefit, while the sponsor gain monetary or other advantages.

I used to live in the Los Angeles area and I could tell you of about ten or twelve fraudulent marriages. The sponsor signed an I-864 and it meant nothing to them regarding the relationship. I know some people who married despite being gay, some who married in Las Vegas, then immediately lived in other places, etc. When you speak of the I-864 as being a "test" of the relationship, you're speaking of law-abiding persons, not people willing to commit immigration fraud. I wouldn't commit immigration fraud - ever - but I know people who do. I doubt I'd sign an I-864 except for a family member.

The OP and his girlfriend don't sound like a sensible, law-abiding persons, therefore, I don't think much of anything could test their relationship. They sound like people out to gain benefits and not much else.

I don't think they could live together in a third country as they have immigration laws, too. If we could just go live in a third country, I might go to Tahiti or Fiji LOL. I think the OP should just give up his idea of marrying to gain immigration benefits and find someone he truly wants to build a life with, for whatever reason, and marry in the "real" sense of the word.

Sorry if I sound less than cordial. I don't mean to, but I'm in a hurry.

scrubbedexpat099

My Wife signed my I-864 without having a clue of its obligations.

Can not remember how but a few years later it was mentioned, if the situation arose where I sought to enforce it I believe Termination 3 would apply.

ian-mstm

Your wife sounds a lot like my wife! I like to tell people that, when considering the I-864, "death of the beneficiary" should not be considered a goal.

Ian

Shana131

I read everything connected with the I-864, so I knew the obligations when I signed my husband's, but I would have signed it without knowing the obligation. I just consider it our obligation to support each other for life, I-864 or not. He does, too.

Now, I would not sign one for a person I didn't know very, very, very well. I might want to help a person I knew somewhat, but the possible negative ramifications are too great to sign one unless you know the person very well.

scrubbedexpat099

To be fair it was not just the I-864, she did not read any of the other paper work either.

She knows I belong to this board and thinks its weired to have such an interest.

My Brother was in the States a few years back, sounded like a L1, he does not know. Not interested, did his 6 months went back.

Perhaps its us that are odd.

kins

But you disputed that fact when you said 'Signing the I-864 doesn't obligate you to support the intending immigrant for the rest of his/her life.'

Shana131

And I should have said "neccessarily support for the rest of his/her life." My correction.

No, I never disputed it. You quoted the wrong part of my post.