GC Sponsorship Affidavit of Support Liability

[aslax]

I am looking to sponsor my parents' GC, and CIS requires an affidavit of support (Form i-864). I have a few questions:

1. Even though I am sponsoring (I am US Citizen), can this affidavit be signed/submitted by another family member on H1B visa in US?
2. What is the extent of the liability on the sponsor? We hope to get all medical coverages for them, but insurance companies may choose not to cover an event (which happens all the time). Does this affidavit put us legally responsible for any unpaid claims by the insurance company?
3. What is the duration (validity time period) of this affidavit?
4. Can private 3rd parties (Medical providers, accident victim, who-ever chooses to sue my parents for whatever reason) use this affidavit to file claims against us or come after our assets?

Basically, I am ignorant about the extent and reach of this affidavit of support. My parents also want these questions clearly understood before they agree to come here - as, everyone understands the bottomless liability that Medical Providers can get you into, and trigger-happy sue-ers!

Many thanks for your answers and helpful pointers.

BR,

aslax

 

[dr_lha]

I am looking to sponsor my parents' GC, and CIS requires an affidavit of support (Form i-864). I have a few questions:

1. Even though I am sponsoring (I am US Citizen), can this affidavit be signed/submitted by another family member on H1B visa in US?

Sponsors must be US permenant residents. The only way an H1-B's income can be used is if they are the sponsored immigrant (i.e. your spouse is here on a H-1B).

2. What is the extent of the liability on the sponsor? We hope to get all medical coverages for them, but insurance companies may choose not to cover an event (which happens all the time). Does this affidavit put us legally responsible for any unpaid claims by the insurance company?

You're basically covering them for any means tested benefits they may have claimed from the US Government.

3. What is the duration (validity time period) of this affidavit?

For as long as the immigrant remains in the US and does not become a US citizen or die. I.e. it could be for the rest of their life.

4. Can private 3rd parties (Medical providers, accident victim, who-ever chooses to sue my parents for whatever reason) use this affidavit to file claims against us or come after our assets?

I have never heard of this happening. The affidavit is purely a contract between the sponsor and the federal government. Its got nothing to do with insurance companies.

 

[acucu]

so if the person i sponsor under 1-394 affidavit of support racks up medical bills and doesnt pay them, kills someone in an car accident and is sued- the sponsor is not liabable?


or is it just related to they cannot get welfare and live off the government ?

 

[boatbod]

so if the person i sponsor under 1-394 affidavit of support racks up medical bills and doesnt pay them, kills someone in an car accident and is sued- the sponsor is not liabable?

Well I don't suppose there would be anything to stop somebody filing a civil suit and naming the sponsor, however the sponsor is not legally responsible for "bad debts" incurred by the GC holder.

or is it just related to they cannot get welfare and live off the government ?

Exactly.

 

[boatbod]

For as long as the immigrant remains in the US and does not become a US citizen or die. I.e. it could be for the rest of their life.

Sponsorship also terminates if the LPR beneficiary accrues 40 quarters (10yrs) of social security contributions.

 

[asPapi]

Form I-864 is can be viewed as a contract between the Sponsor(s) and The Federal Government.

This form is used to assure the Federal Government that the applicant will not become a public charge and the sponsor(s) agree to reimburse any agency for any benefits paid to the applicant until either:
1. The Applicant becomes a U.S. Citizen or
2. The applicant has worked or can be credited with 40 quarters of coverage under the SS Act or
3. No longer is a LPR and has departed the U.S. or
4. Becomes subject to removal but applies for a new AOS and is granted same or
5. Dies.

You are not liable for the negligence of the applicant if the applicant is sued by a private party or by insurance companies.

 

[austriacus]

If the "other family member" in H-1B status lives in the same household and is the sponsor's parent, sibling, or child, would it be correct that they can include their income by filing I-864A? I.e. no requirement for the household member to be a permanent resident or US citizen?

 

[LucyMO]

for I-134 - no such requirement, but for I-864 the sponsor/co-sponsor has to be an LPR or USC.