Affidavit of support

Ola4pets

New Member
I have a question. I did file all applications for mother in law ( My husbands mother) and I am her sponsor. She decided to marry a US-citizen and she doesn’t want to live with us. Can she change green card category from Family based green card to green card through marriage ? Also how can we get health insurance for her if she is 65 years old and due to being new emigrant she is not eligible for any insurance except medicaid part B ( 480$/ month). I don’t feel comfortable being a sponsor anymore on paper only, since she wants to move out and marry US citizen and by law I am responsible for her( living cost, health etc ), what do I do about that? Originally I made green card for her in orderfor her to reunite with us and help us raise children while my husband and I will work and pay bills.

Thank you
 
If she has already entered and has a green card based on your petition (I assume you are co-sponsor and your husband is petitioner by the way as there is no in-law visa) then no you cannot change it now. That also means you remain bound by the I864a you signed. (If she has not entered yet then you can withdraw your petition.)
Unfortunately as you have found out with hindsight, healthcare cost for elderly people is expensive and should be researched before immigration. If her new husband has healthcare through employment she can go onto his healthcare plan.
 
I have a question. I did file all applications for mother in law ( My husbands mother) and I am her sponsor. She decided to marry a US-citizen and she doesn’t want to live with us. Can she change green card category from Family based green card to green card through marriage ? Also how can we get health insurance for her if she is 65 years old and due to being new emigrant she is not eligible for any insurance except medicaid part B ( 480$/ month). I don’t feel comfortable being a sponsor anymore on paper only, since she wants to move out and marry US citizen and by law I am responsible for her( living cost, health etc ), what do I do about that? Originally I made green card for her in orderfor her to reunite with us and help us raise children while my husband and I will work and pay bills.

Thank you
I believe it is possible for someone who is already a permanent resident to "re-immigrate" by getting petitioned and doing Consular Processing for an immigrant visa at a US consulate again. See 9 FAM 504.10-3(C)(1). I don't think she can do AOS inside the US though. And even if Consular Processing is possible, I doubt she would want to go to the hassle of this just because you want her to.

I don't think she can get Medicare until she has been a permanent resident for 5 years. After 5 years, if her spouse is at least 62, she can get Medicare Part A for free based on his credits, assuming he has worked for 10 years in the US, even if she hasn't worked in the US. Otherwise (if the spouse isn't 62 yet or he didn't work for 10 years in the US), yes, she would have to pay a premium for Medicare Part A.

Until she can get Medicare, she can see what health insurance her state provides, or get a plan from the Obamacare exchange (potentially with subsidy if her and her spouse's household income is low enough).

You and your husband, as sponsor, is not "responsible for her". The only ways you guys can be affected are 1) if she (your mother-in-law) sues you guys for not supplementing her income enough (would she do that?), or 2) if she uses a means-tested government benefit and the state sues you guys (which I haven't heard any examples of).
 
I don't think she can get Medicare until she has been a permanent resident for 5 years.

).

She can get part B by paying for it, but it’s pricey and doesn’t cover much from what I understand.

(By the way on another forum I’m on, there is a sponsor in a tough position being garnished monthly by the state (if I recall correctly it is MA) for an immigrant who simply refuses to work and is using benefits, and the scary thing is if the immigrant never naturalizes and never works, she is on the hook indefinitely. I think these cases are rare but sadly they do happen. )
 
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