Affidavit of Support

[TroySJ]

Hi,

Someone has asked to sign his Affidavit of Support. He is getting his and his wife Green Card through family immigration.

I would like to know if do this:
what would be the legal obligations that I have?
For how long? i.e. when does my obligation towards them terminate?
Does this affect my mortgage approval rate?
Am I obligated toward both of them? i.e. if If one of them is making good money, am I still obligated toward the other one?
In worst case if they want to abuse me, what would be the consequences foe me?

My concern comes from the fact that, I perfectly know one of them, but not the spouse, so I would like to know what I am doing?

Many thanks

TroySJ

 

[vectorP]

The Form I-864 Affidavit of Support is required to overcome the "public charge" provisions in all family-sponsored cases. This information provided on the I-864, essentially, is proof that the sponsored individual will not become a financial burden on the U.S. government. All family-based sponsors must submit this form, regardless of the education, employment, or personal wealth of the sponsored individual.

There is an exception for sponsored individuals who have already worked in the U.S. for 40 qualifying quarters. However, these cases are not particularly common. The I-864 is also required in those employment-based cases involving companies where certain relatives of the foreign national beneficiary own 5% or more of the sponsoring business.

The Affidavit of Support requires that the sponsor must demonstrate an income of at least 125% of the current poverty level for the family size, plus the sponsored individual/s. There are provisions regarding the use of assets to overcome a deficiency in income, as well as the use of joint sponsors. These are explained in detail in the instructions to the I-864.

see http://www.greencardapply.com/news/news06/news06_0131.htm

http://www.greencardapply.com/news/news05/news05_1221.htm

 

[Jackolantern]

I would like to know if do this:
what would be the legal obligations that I have?
For how long? i.e. when does my obligation towards them terminate?

Your obligation lasts until the sponsored individual(s) either accumulates 40 quarters of Social Security credits, or stops being a permanent resident (whether through leaving the US, becoming a US citizen, or death).

Does this affect my mortgage approval rate?

No, not unless you have been actually forced by a court to make payments in accordance with the Affidavit of Support.

Am I obligated toward both of them? i.e. if If one of them is making good money, am I still obligated toward the other one?

If they remain married and living together, both incomes will be used to calculate "household income". If their household income is below the 125% of the poverty line threshold, you can be held responsible for the difference to bring it to that level. If they move apart, you are only obligated to the one who is not a US citizen.

Note that normally you are liable only if they claim certain welfare benefits during the period of your obligation; the govt can go after you to be reimbursed.

Theoretically the individual can sue you directly to get the money to bring them up to the 125% level, but the only instances I know of where that happened successfully were with one ex-spouse suing the other.

 

[TroySJ]

Hi

Thanks a lot for the response, I have another question. Is it possible that these two have two different sponsors, as in, I sign for one of them and someone else for the spouse. note that neither of us is the original person who has filed the petition.

Many thanks

Troy

 

[Jackolantern]

Thanks a lot for the response, I have another question. Is it possible that these two have two different sponsors, as in, I sign for one of them and someone else for the spouse. note that neither of us is the original person who has filed the petition.

If they are both tied to the same petition, the Affidavit of Support will cover them both and you can't separate them.