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What is an affidavit of support?

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What is an affidavit of support?

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Old Mar 24th 2010, 6:45 am
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
OK thanks for that. Now what might be the reasons I will need to fill out a I 864 after my daughter in law (future) Ajusts her status after getting married to become a permanent resident? If my son is still only earning such a small amount will that probably be one reason?
That would be the only reason.

If you are curious about how much he needs to earn, you can find that information here:

http://www.uscis.gov/files/form/i-864p.pdf

For a household of 2 (himself and his wife), he would need to earn at least $18,212 per year. (That's the current figure. It will go up in April.)

Rene

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Old Mar 24th 2010, 6:52 am
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
Now what might be the reasons I will need to fill out a I 864 after my daughter in law (future) ajusts her status after getting married to become a permanent resident? If my son is still only earning such a small amount will that probably be one reason?
Yep.
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Old Mar 24th 2010, 7:14 am
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots

Anyhow, I just wanted to know if that means I am financially responsible for her (my future daughter in law) and if she get into any debt I am responsible? and if so, for how long?
I said for means tested benefits.

Getting into other debts like credit cards etc won't be your problem....neither would her claiming unemployment if she got a job and got made redundant.
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Old Mar 24th 2010, 7:25 am
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Default Re: What is an affidavit of support?

sd,

You will be responsible for seeing that your future d-i-l has a minimum level of income, in the event that despite her best efforts she has been unable to achieve that minimum level of income on her own.

You will not responsible for her debts - it's up to her to spend her money within her means.

Regards, JEff


Originally Posted by stripeydots
I am just wondering. I am filling out a affidavit of support for my sons fiance as he does not make enough. Now what is that holding me to exactly?

Does that mean if my future daughter in law gets into debt and can't afford to pay it back then I have too? Or if she has a health care bill to pay and doesn't or can't then I am responsible?
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Old Mar 24th 2010, 11:56 am
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Default Re: What is an affidavit of support?

OK so basically if I fill out BOTH of those forms, I am only responsible so far as to make sure if she is unable to achive a minimum level of income I would be responsible to make that up and thats it.
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Old Mar 24th 2010, 12:02 pm
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
OK so basically if I fill out BOTH of those forms, I am only responsible so far as to make sure if she is unable to achive a minimum level of income I would be responsible to make that up and thats it.
Don't worry about both of those forms just yet. Although it's good to look ahead to the I-864, it's not a required form just yet.

Did you read the I-134 links I posted? It doesn't sound like you did...

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Old Mar 24th 2010, 12:37 pm
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
OK so basically if I fill out BOTH of those forms...
I realize that "immigration speak" is a new language for you, but I really don't understand why you can't grasp the fact that at this stage of the process you *ONLY* need to deal with the I-134.


I am only responsible so far as to make sure if she is unable to achive a minimum level of income I would be responsible to make that up and thats it.
That is *NOT* what you are responsible for. You are *ONLY* responsible for repaying the US government *IF and only IF* the alien receives "means tested" benefits... such as welfare, or food stamps, or something of that nature. You are *NOT* responsible to keep the alien living in a comfortable lifestyle; you are *NOT* responsible for the alien's debts; you are *NOT* responsible for the alien's day-to-day finances; you are *NOT* responsible for maintaining the alien at any "minimum level of income". Do you understand yet?

The form is freely available online at www.uscis.gov. You have a computer... I suggest you download the form and the instructions and read them both thoroughly.

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Old Mar 24th 2010, 12:42 pm
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Default Re: What is an affidavit of support?

Originally Posted by ian-mstm
I realize that "immigration speak" is a new language for you, but I really don't understand why you can't grasp the fact that at this stage of the process you *ONLY* need to deal with the I-134.

*snip*

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Old Mar 24th 2010, 3:15 pm
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Default Re: What is an affidavit of support?

I beg to disagree with this part of your post. The I-864 explicitly provides that the immigrant can sue the sponsor to obtain the minimum level of promised support, and it has been successfully done.

The I-134 is less clear, but it does say, " I am willing and able to receive, maintain, and support the person(s) named in item 3.", which does at least imply that the sponsor will provide monetary and non-monetary 'things' to the person directly.

Regards, JEff


Originally Posted by ian-mstm
That is *NOT* what you are responsible for. You are *ONLY* responsible for repaying the US government *IF and only IF* the alien receives "means tested" benefits... such as welfare, or food stamps, or something of that nature.
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Old Mar 25th 2010, 12:42 am
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Default Re: What is an affidavit of support?

Originally Posted by jeffreyhy
I beg to disagree with this part of your post.
You are free to beg!


The I-864 explicitly provides...
My post made no reference to the I-864.


The I-134 is less clear...
Since the I-134 is unenforceable, I don't suppose it much matters!

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Old Mar 25th 2010, 4:07 am
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Default Re: What is an affidavit of support?

Ian,

I've recently been remined to "be nice". That's my excuse, and I'm sticking to it.

Originally Posted by ian-mstm
You are free to beg!
The enforceability does not change the responsibility, although it may affect one's decisions about living up to their responsibilities.

Originally Posted by ian-mstm
Since the I-134 is unenforceable, I don't suppose it much matters!
Now that you've blown your 15,000 mark, what's your next target?
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Old Mar 25th 2010, 5:05 am
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Default Re: What is an affidavit of support?

Originally Posted by jeffreyhy
I beg to disagree with this part of your post. The I-864 explicitly provides that the immigrant can sue the sponsor to obtain the minimum level of promised support, and it has been successfully done.

The I-134 is less clear, but it does say, " I am willing and able to receive, maintain, and support the person(s) named in item 3.", which does at least imply that the sponsor will provide monetary and non-monetary 'things' to the person directly.

Regards, JEff
Thanks Jeff, so the I-864 is enforceable?
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Old Mar 25th 2010, 5:10 am
  #28  
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
Thanks Jeff, so the I-864 is enforceable?
Yes.

Rene
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Old Apr 2nd 2010, 3:20 pm
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Default Re: What is an affidavit of support?

Thank you so much for your help.

Now I am wondering my son and his wife to be will probably not be able to afford health insurance for a while. So if my daughter in law to be needs to apply for Medicade would she be accepted? If she is would I have to pay back any medical bills she incured? or would she not be accepted for Medicade at all and I would just flat out have to pay for her medical bills? She would be a permanent resident.
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Old Apr 2nd 2010, 3:29 pm
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Default Re: What is an affidavit of support?

Originally Posted by stripeydots
...So if my daughter in law to be needs to apply for Medicade would she be accepted? If she is would I have to pay back any medical bills she incured? or would she not be accepted for Medicade at all and I would just flat out have to pay for her medical bills? She would be a permanent resident.
She might get it and if she did, you might be chased up to repay the expenses. You might not, but you might.

You wouldn't have to pay her medical bills other wise though.
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