Affidavit for Support I-864

R

rphindy

New Member
Hello friends and Gurus :

Please guide me.
I moved here to US in 2001 and just got our GC thru my wife in 2013. My mom is a US citizen and has filed for family based immigration for my sister (and her husband) and myself in 2003. Since I recd. my GC I would not need the affidavit of support.. but application for my sister in India is current and she would need affidavit of support I-864 to signed by my mother who is a widow, no-income whatsoever as she has never worked. She lives with my elder sister in new jersey as a 100% dependent. Healthwise -not stable, Income wise - dependent, never filed any taxes. In this case scenario, can she file for support but not take any financial responsibility of immigrating sister and her husband? Since my mom is living with my elder sister... she would not like to sign and put my elder sister's house and financials on the paperwork.. thus taking any financial responsibility.

My questions are :-

1) Can my mom not sign the paper to file the affidavit for support - I-864?
2) If my mom signs the affidavit,, does she have any financial responsibility towards the immigration as mentioned in the contract?
3) If a friend of my sister (immigrant) is willing to sponsor and take financial responsibility with Mom as a co-signor.. can that be possible? How can we reproduce that on the paper work of I-864.

Please advise me. Thanks for all your help.
 
The petitioner (your mom) must always be a sponsor and must complete an Affidavit of Support. If her household income is insufficient, then there also needs to be a "joint sponsor" who also fills out an Affidavit of Support, and whose household income must be sufficient.

I don't know what you mean by "financial responsibility". A sponsor is not responsible in general for the immigrant's financial dealings at all. Completing an Affidavit of Support can only affect a sponsor in two situations:
1. The immigrant's income falls below the poverty level and the immigrant sues the sponsor. This is extremely unlikely because 1) the immigrant has to really hate the sponsor to backstab the person that sponsored them, and 2) it's very costly and troublesome to sue in federal court such that it is almost never worth it
2. The immigrant's income falls below the poverty level and the immigrant uses a means-tested government benefit, and the government decides to sue the sponsor for compensation. This is also unlikely because governments generally do not pursue these because it's so costly to sue that it's not worth it. Whether to get a government benefit is also under the immigrant's control so it can be avoided if the immigrant wants.
 
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