Form I-864 Affidavit of Support: second sponsor because husband does not have required income

[Nova2004]

Hello all,

I am asked by a good family friend to sign I-864. She came in USA on a work and travel program, found a boyfriend and rushed into marriage because her visa was about to expire.

Now that they are getting ready to file the paperwork, they discovered the husband cannot show $18K required to be her sponsor.

She asked me to sign the affidavit, and I am having mixed fillings about it: I do want to help but it seems like it's a big responsibility. So, here is my question:

- They both work as waiters, and their reported income is around 15K a year. It appears that by signing the affidavit, I will have to financially support them and send them a check for about $3000 annually to make sure their income is at least 125% above the poverty line. IS THIS CORRECT?

If so, what if I don't. The girl will not go after me, I know. But IRS might, because if their income is so low, they will be getting financial support from the gov. IS THIS CORRECT?

Regards,
Nova

 

[Jackolantern]

- They both work as waiters, and their reported income is around 15K a year.

They both work full-time and that's their combined income?

It appears that by signing the affidavit, I will have to financially support them and send them a check for about $3000 annually to make sure their income is at least 125% above the poverty line. IS THIS CORRECT?

It's 25% above the poverty line, or 125% of the poverty line. Not 125% above the poverty line.

Theoretically, she can sue you to make up the difference to bring her to 25% above the poverty line. But I've never heard of such a lawsuit succeeding, other than where one ex-spouse sued the other. In addition, if they're both working full time as waiters, their income must be above $18K. That's because although wait staff has a minimum wage of something like $3/hour, their employer must pay them enough to bring them up to the regular minimum wage of $7.25 if their tips aren't enough to bring them to that level. Full-time minimum wage works out to over $14000 per year for each individual, or $28000 for both of them together. So if both are working full time and you're sued, you'll easily refute their claim of less than $18000.

Also, her husband cannot sue you, because he is the primary sponsor who will also be liable himself for the I-864. She can sue him, or she can sue you, but he can't sue you over this.

However, you might have to worry about the government going after you if she claims welfare-type benefits*. But that is rare, given that green card holders are simply not eligible to collect such benefits for 5 years, and most state welfare offices don't have the awareness or will to go after the I-864 sponsor, and the I-864 obligation terminates when the sponsored immigrant becomes a citizen.

If so, what if I don't. The girl will not go after me, I know. But IRS might, because if their income is so low, they will be getting financial support from the gov. IS THIS CORRECT?

If the IRS goes after them, you won't be affected. The IRS will penalize them and leave you out of it, unless you're actually conspiring in their tax evasion somehow.


*unemployment benefits and emergency benefits (e.g. food and shelter after a flood or hurricane) don't count in this context

 

[Nova2004]

Thank you, Jackolantern

Let me see if I understand this correctly: It does not matter how much they report on their taxes, as long as the girl does not file for/use federal benefits we will not owe anything to the gov.

If they have debts other than federal (state, ER visits, CC debts) we will not be responsible for those, correct?

Where would I find a complete (or at least comprehensive) list of things that we might be accountable for?

 

[Jackolantern]

You could be liable for government benefits she claims at the federal, state, or city/county level, but not for her non-government debts such as credit card bills and ER visits.

Whatever her benefits husband claims is irrelevant because he's a citizen. Similarly, if they have a kid and she claims food stamps or Medicare for the kid, you're not liable since the kid would be a citizen and you didn't sign up to be a joint sponsor for the kid.

Sorry, but I don't know where to find a definitive list of what you could be held liable for. If you have serious concerns over this, consult an immigration lawyer.