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Old 10-12-2004, 09:10 PM   #1 (permalink)
Americanwife
 
Posts: 163
Default 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!
__________________
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Old 10-12-2004, 09:41 PM   #2 (permalink)
Rete
 
Posts: 9736
Default Re: 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!

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
__________________
I'm not an attorney. This disclaimer is valid in NYS!
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Old 10-12-2004, 09:43 PM   #3 (permalink)
Americanwife
 
Posts: 163
Default 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

Thanks ,Rete
__________________
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Old 10-12-2004, 09:48 PM   #4 (permalink)
Noorah101
 
Posts: 12637
Default 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

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
__________________
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Old 10-12-2004, 09:50 PM   #5 (permalink)
Nabisco
 
Posts: 52
Default Re: 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!

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.
__________________
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Old 10-12-2004, 10:27 PM   #6 (permalink)
USA & Pakistan
 
Posts: 923
Default Re: 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!

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
__________________
k1 NVC \n noa1 feb 28, 2004 \n noa2 June 28, 2004
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Old 10-12-2004, 10:44 PM   #7 (permalink)
Rete
 
Posts: 9736
Default 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

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
__________________
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com
 
Old 10-12-2004, 10:45 PM   #8 (permalink)
Jess2100
 
Posts: 57
Default Re: 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!

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!
__________________
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Old 10-12-2004, 10:50 PM   #9 (permalink)
Rete
 
Posts: 9736
Default 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

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
__________________
I'm not an attorney. This disclaimer is valid in NYS!
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Old 10-12-2004, 10:52 PM   #10 (permalink)
Noorah101
 
Posts: 12637
Default 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

Thanks, Rete! :)
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