Affidavit of Support Troubles

[Alundra]

I'm trying to immigrate through "immediate family", the only way I can....but my parents are unwilling to sign the affidavit.

The USCIS states that it's a legally enforceable document saying that the sponsor is legally obligated to support me financially. My parents feel this isnt a financially viable decision. The document is enforceable for 40 working quarters. I found out somewhere I can combine my work and my parents to make up those credits.

Travel.state.gov states that it's only there to say that the sponsor will be in trouble if I seek government support (food stamps, welfare, etc) which is kind of the same thing essentially....but I believe my parents would sign the form if this were the case.

The fact that two government sites seem to conflict entirely in their text is really doing my head in... Is there anyone out there who can explain (and show sources) what the Affidavit of Support IS exactly? Is my sponsor actually required to financially support me, or is it just that they have to answer for me if I go looking for government help? Is there any way I can get out of it or perhaps get someone else unrelated to me (like a boyfriend) to sign?

Thanks for the help .

 

[Jackolantern]

The USCIS states that it's a legally enforceable document saying that the sponsor is legally obligated to support me financially.

They are only legally obligated to provide you with enough money to keep you 25% above the poverty line until you become a US citizen or earn 40 quarters of Social Security credits. So for example, if you are earning $15,000 and the requirement is $18,000, they are supposed to provide the $3000 difference.

My parents feel this isnt a financially viable decision. The document is enforceable for 40 working quarters. I found out somewhere I can combine my work and my parents to make up those credits.

Not really. Claiming credits based on your parents is limited to certain narrow scenarios (I think death and disability), so don't count on it. But if you are legally employed in the US, and reasonably expect to continue in the same job after your green card is approved, and are living with your parents, you can combine your income with theirs for the Affidavit of Support. However, your parents still have to sign the Affidavit of Support.

Travel.state.gov states that it's only there to say that the sponsor will be in trouble if I seek government support (food stamps, welfare, etc) which is kind of the same thing essentially....but I believe my parents would sign the form if this were the case.

They're not going to be forced to provide any money unless you seek welfare-related benefits, or you directly sue them for support (and I hope you can convince your parents that you won't sue them!). The only successful case of such a lawsuit that I know of was an ex-wife suing the US citizen ex-husband. And the ex-husband was only liable for the difference between her own income and the required amount (as I explained above).

 

[thomas_psu]

Who is your immediate family member(s) that is filing your petition? Your petitioner has to file an affidavit of support no matter what. You can get others (relatives) to be co-sponsors.

 

[VisaNutz]

If it was your husband or wife who didn't want to sign AOS, most would say "re-evaluate your relationship. With your parents not willing to do it for their own flesh and blood - I don't even know what to say! If they petitioned for you - THEY HAVE TO SIGN AOS - no way around it in your case.

 

[Jackolantern]

Maybe Alundra's parents are worried that the government will be proactively monitoring them to see if they are always providing $X per year, like what is often done with child support.

But that is not the case. As long as Alundra does not seek welfare-related benefits (other government aid such as student grants or emergency food or shelter after a flood doesn't count), and doesn't sue the parents, they have nothing to worry about.

 

[thomas_psu]

Here is another thread that discusses the same issues (i.e., need for the petitioner being the primary sponsor).
http://forums.immigration.com/showthread.php?t=304277

 

[Alundra]

Thanks for the replies guys, I REALLY appreciate it .

The thing with the financial situation is that my parent is going to be living in another country (military) for a year, and they will therefore be supporting two households....which will be a stretch with two children not including me.

I think they expect me to be living with them. I need this stuff put in motion so I can move out and go live with my boyfriend, who is okay to support me. I don't want to ask for money or sue. With all this in motion I can look to get a job and support myself. I don't think they understand that by not signing the Affidavit I don't really have a future here .

The only other way I can think of is marriage...or somehow finding an employer who's interested in someone from Australia without a drivers license and *real* work experience as an employee, let alone to sponsor me...

This is all really screwed up .

 

[Al Southner]

Thanks for the replies guys, I REALLY appreciate it .

The thing with the financial situation is that my parent is going to be living in another country (military) for a year, and they will therefore be supporting two households....which will be a stretch with two children not including me.

I think they expect me to be living with them. I need this stuff put in motion so I can move out and go live with my boyfriend, who is okay to support me. I don't want to ask for money or sue. With all this in motion I can look to get a job and support myself. I don't think they understand that by not signing the Affidavit I don't really have a future here .

The only other way I can think of is marriage...or somehow finding an employer who's interested in someone from Australia without a drivers license and *real* work experience as an employee, let alone to sponsor me...

This is all really screwed up .

Why would you sue your parents? I was in Australia during the Aussie Open, except the end didn't go my way as I admire the talent of Roger Federer. However, it is a beautiful country, warm and friendly mates... Can someone address the heat issue in Melbourne? Hot like a desert..

 

[Jackolantern]

The thing with the financial situation is that my parent is going to be living in another country (military) for a year, and they will therefore be supporting two households....which will be a stretch with two children not including me.

I think they expect me to be living with them. I need this stuff put in motion so I can move out and go live with my boyfriend, who is okay to support me. I don't want to ask for money or sue. With all this in motion I can look to get a job and support myself. I don't think they understand that by not signing the Affidavit I don't really have a future here .

You need to assure them of these facts:
1. There is no proactive requirement for them to support you; there only might be an after-the-fact liability if you sue them or you receive welfare benefits.
2. You are not going to sue them.
3. You are not going to seek welfare-related benefits. Generally, you're not eligible for them anyway until after you've been a permanent resident for 5 years.
4. The Affidavit of Support no longer is in effect once you become a citizen.
5. If they don't sign it, you can't stay in the US.

The only other way I can think of is marriage...or somehow finding an employer who's interested in someone from Australia without a drivers license and *real* work experience as an employee, let alone to sponsor me...

What is your current status in the US? If you are not here legally, you really don't have options for employment-based visas, unless you have overstayed your visa for only a short time.

And how old are you? If at least one of your parents became a US citizen when you were under 18, you may have already become a US citizen automatically.

 

[Alundra]

Why would you sue your parents? I was in Australia during the Aussie Open, except the end didn't go my way as I admire the talent of Roger Federer. However, it is a beautiful country, warm and friendly mates... Can someone address the heat issue in Melbourne? Hot like a desert..

LOL Melbourne changes temp every 10 minutes! But it can get very hot.

I wouldnt sue them .


Re the questions:
I'm 20 years old, I moved here very legally because my step parent is in the US military and they got custody of me when I was about 15. I moved to Germany (US Soil) for a year, then here to the states as a dependant and I'm legally allowed to live here until I turn 21 unless I have a green card in motion (about a year). I didnt know I had a time limit until recently, so I was happy to learn about the Child Protection Act!

I was allowed to go to school and receive healthcare, etc, and I graduated...But I was not allowed to get a drivers license, or job, or go to college (no SSN, not a perm. res. blah blah all I have is a tax ID).

My mother got a green card (via marriage to my step father I assume). They're both uncomfortable signing the affidavit. My father and Stepmother are in Australia, and obviously can't sign anything (and are on pensions due to work disability anyway).

I don't think I'm a citisen automatically because my biological parents are Australian, and I wasnt born in the states.

 

[Jackolantern]

I was allowed to go to school and receive healthcare, etc, and I graduated...But I was not allowed to get a drivers license, or job, or go to college (no SSN, not a perm. res. blah blah all I have is a tax ID).

It doesn't seem like you're here legally now. The immigration rules may allow you to apply for a green card via an immediate relative if you're under 21, but that doesn't mean you're here legally.

What is your immigration classification? Do you even know it? Do you have an I-94? What is stamped on it?

My mother got a green card (via marriage to my step father I assume). They're both uncomfortable signing the affidavit.

So your stepfather is a US citizen, and your biological mother has a green card and is married to him? And they got married before you turned 18?

I don't think I'm a citisen automatically because my biological parents are Australian, and I wasnt born in the states.

Were you legally adopted by your US citizen stepfather when you were still under 16?

 

[Alundra]

It doesn't seem like you're here legally now. The immigration rules may allow you to apply for a green card via an immediate relative if you're under 21, but that doesn't mean you're here legally.

The US military included me in my parents orders because they gained custody of me, therefore I came and live here legally until they expire.

What is your immigration classification? Do you even know it? Do you have an I-94? What is stamped on it?

So your stepfather is a US citizen, and your biological mother has a green card and is married to him? And they got married before you turned 18?

Were you legally adopted by your US citizen stepfather when you were still under 16?

I don't know my classification exactly. They got married well before I was 18. I'm not sure if I was legally adopted, all I know is they got custody of me from my father .

 

[Jackolantern]

Do you think you have enough information to convince your mom and stepdad that they won't have to pay anything, because you won't sue them and you won't seek welfare?

Or is there something else you're not telling us ... have you been financially irresponsible before, so they're worried that you will end up on welfare?

 

[metallica48423]

Hello!

I am Alundra's boyfriend, and we've been looking into ways for Alundra to legally immigrate into the United States as a permanent resident (and later, a US citizen). Though I am a US citizen by birth, I am not related to Alundra (as in, not part of her immediate family). Thus, I cannot sign the affidavit of support for her. The only way that I'm aware of that I can legally help her immigrate would be to legally marry her.

Jackolantern, are you referring to the Child Naturalization Act? I was under the impression that the child had to be a legal green card holder in order to qualify under the provisions of that act? Is there something else that I may be missing?

The primary concern is what financial requirements would her parents be obligated to. For the reasons she listed, the family cannot financially support her -- this is notwithstanding any immigration status, and is the reason her and I are seeking a green card and are looking for a place together (to ease the financial burden off her parents).

It's not to do with financial irresponsibility, so much as it is them being uneasy about having enough money to support two households and Alundra simultaneously. They fully meet and exceed the income requirements set forth by the USCIS, considering that the stepfather is in active duty in the military.

If you have information about where to look about what you mentioned with the possibility of her already being a US Citizen, please send any information you have, and i'd be glad to do the research on it.

We most likely will be hiring a lawyer for all of this to assist with the immigration law, however, we'd like to go in with at least a couple of avenues we can attack the situation from, and at least some idea of what to expect.

Thanks to everyone for your comments and assistance

 

[Jackolantern]

With her explaining more facts, I think now it is clear she isn't a US citizen so I won't bother to get into any more details of that. However, she still needs to look in her passport and I-94 to find out her immigration classification, because some classifications don't allow pursuing a green card via adjustment of status.

Her parents won't have to pay anything if they aren't sued by Alundra or sued by the government (to recover what she took from welfare). The Affidavit of Support is not a proactive requirement to pay anything; it is put there as a deterrent to people who would bring welfare-bound relatives to immigrate, and to give the government some recourse if the immigrant relative goes on welfare.

Are they afraid of being sued, or that she will end up on welfare? If not, they have nothing to worry about.

We most likely will be hiring a lawyer for all of this to assist with the immigration law, however, we'd like to go in with at least a couple of avenues we can attack the situation from, and at least some idea of what to expect.

Hiring a lawyer to process this end-to-end is a waste of money. That is thousands of dollars and most people handle family-based cases without a lawyer, unless there are criminal issues or other complications. However, using a lawyer for one or two consultations at a cost of a few hundred dollars may be worth it if you are not comfortable with the process.

 

[Alundra]

Do you think you have enough information to convince your mom and stepdad that they won't have to pay anything, because you won't sue them and you won't seek welfare?

Or is there something else you're not telling us ... have you been financially irresponsible before, so they're worried that you will end up on welfare?

I think so. I havent been financially irresponsible before, unless they have some sort of extreme definition.

With her explaining more facts, I think now it is clear she isn't a US citizen so I won't bother to get into any more details of that. However, she still needs to look in her passport and I-94 to find out her immigration classification, because some classifications don't allow pursuing a green card via adjustment of status.

This just gets worse and worse . My passport is Australian, and it's a childrens one which has expired. I have booked an appointment with the Australian Consolate closest to me for this Thursday to get my first adult passport. I originally believed it was a 10 year passport, which is why it expired - I only recently got it in my hands, my parents cared for it before recently.

The only thing in there other than masses of stamps from airports is a visa from 2002 to 2003 when I came to the states to visit my mother and step father for 6 months. It's expired and doesnt count.

Her parents won't have to pay anything if they aren't sued by Alundra or sued by the government (to recover what she took from welfare). The Affidavit of Support is not a proactive requirement to pay anything; it is put there as a deterrent to people who would bring welfare-bound relatives to immigrate, and to give the government some recourse if the immigrant relative goes on welfare.

THAT helps a lot, thanks for that .

Are they afraid of being sued, or that she will end up on welfare? If not, they have nothing to worry about.

Hiring a lawyer to process this end-to-end is a waste of money. That is thousands of dollars and most people handle family-based cases without a lawyer, unless there are criminal issues or other complications. However, using a lawyer for one or two consultations at a cost of a few hundred dollars may be worth it if you are not comfortable with the process.

To be frank I'm really not sure. A lawyer would certainly answer some questions.

 

[metallica48423]

Thanks for the advice

I certainly agree with you that retaining a lawyer isn't required for the entirety of this process. However there are definitely some points which should be consulted about (best way to move forward, options, etc etc). Such is the reason that we are doing so much in-depth research before actually putting ink to any forms.

 

[Jackolantern]

To be frank I'm really not sure. A lawyer would certainly answer some questions.

If you need a lawyer only for a few questions, or to review the completed paperwork before you submit it, go ahead. That might cost $100 or $200 or even be free. I consulted a lawyer myself for something recently (not immigration-related) and he didn't even bother to charge me because it only took about 10 minutes to answer my questions.

Just don't make the mistake of handing over your papers to the lawyer and paying them $3000 to do everything ... it's not worth it, and those cases often turn out worse than doing it yourself, because the lawyer is not sufficiently familiar with all the details of your life.

And if you have more questions, don't hesitate to ask right here. We are not lawyers, so you always have to take our responses with caution (although even for lawyers you should take their advice with a grain of salt, as sometimes even they are wrong), but you can learn a lot here.

The only thing in there other than masses of stamps from airports is a visa from 2002 to 2003 when I came to the states to visit my mother and step father for 6 months. It's expired and doesnt count.

Are you saying you don't see any evidence of current legal status in there? Is there an I-94 card in your passport or elsewhere? What does the latest US stamp in your passport say (the type and expiration date), and when was it given? Depending on what you have or don't have in there, you may or may not be allowed to pursue a green card within the US (you would have to leave the country and visit a US consulate). And if you have been here illegally more than 6 months as an adult, pursuing a green card via a consulate may also be problematic.

Consulting a lawyer to look through your passport and immigration papers to interpret them for you and figure out your immigration status may be one worthwhile use of a lawyer in your case, if you're not able to figure it out yourself.

 

[Alundra]

I'm so sorry I didnt reply, I've been incredibly busy .

I do have proof of my legal status here, it's not a passport lol. It's military orders like I said before. I'm a command sponsored dependant, apparently. Until I turn 21, so I have a little less than a year to get my *** moving on this.

My parents arent changing their minds and wont sign, so I'm not sure. I told them all the stuff you guys told me but they wont be swayed.

A few people say there must be some way I can actually skip a greencard and become a citisen because my mother's a greencard holder, and my stepfather's a natural citisen. To answer an old question, no my stepfather didnt legally adopt me.

To be honest I'm about to go find myself a lawyer because I need someone who can clearly explain what the orders say and mean in regards to me. They list me under the title "Command sponsored dependants authorised at the next station of deployment" but I don't know if:
- That just got me into the country and I'm free to live where ever I want (authorised).
- I have to live in my parents home (station of deployment).
- I have to live on the base my stepfather works at (station of deployment).
- I have to live in the same state as my stepfather (station of deployment).
- I have to live in the same country as my stepfather (station of deployment).

As you can see, I'm having trouble with the definitions of "authorised" and "station of deployment". I just want to move out and start my own life and try to be independant. Why is it so complicated to do that?

 

[Jackolantern]

A few people say there must be some way I can actually skip a greencard and become a citisen because my mother's a greencard holder, and my stepfather's a natural citisen. To answer an old question, no my stepfather didnt legally adopt me.

Without legal adoption that is recognized by the US, a stepchild cannot derive citizenship from a stepparent.

To be honest I'm about to go find myself a lawyer because I need someone who can clearly explain what the orders say and mean in regards to me. They list me under the title "Command sponsored dependants authorised at the next station of deployment" but I don't know if:
- That just got me into the country and I'm free to live where ever I want (authorised).
- I have to live in my parents home (station of deployment).
- I have to live on the base my stepfather works at (station of deployment).
- I have to live in the same state as my stepfather (station of deployment).
- I have to live in the same country as my stepfather (station of deployment).

As you can see, I'm having trouble with the definitions of "authorised" and "station of deployment".

With your unusual status, not a common visa like F1 or H1 that most people here are familiar with, a consultation with a lawyer may be well worth it. You might also want to bring one or both parents with you to see the lawyer, and have the lawyer explain to your parents what the Affidavit or Support really means ... have him/her confirm that they won't have to pay anything if you don't sue them and don't start feasting off the taxpayers, and that there is no proactive requirement to pay anything to support you. Also that the Affidavit of Support is terminated once you become a US citizen (which can normally be done in 5 years) or have paid into Social Security for 10 years, whichever comes first.

But don't tell them ahead of time that you're going to talk about the Affidavit or Support with the lawyer, or they may just stubbornly decide against seeing the lawyer in the first place. Bring them to the lawyer just to discuss the overall process and the various options involved, and ask the question when the time is right (of course, maybe they might ask about the Affidavit themselves).