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Risk to Self and Spouse for completing I-864

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  • Risk to Self and Spouse for completing I-864

    My daughter (US citizen) has been studying on scholarship in Japan towards a Masters Degree and married a Danish citizen that is also studying in Japan in the same program. They wish to live together in the U.S. soon. In order to get a GreenCard he needs a Sponsor to sign the I-864. My daughter has no income to support the Affidavit of Support (as she has been a student)
    It appears the most reasonable option is to have myself Sponsor my son-in-law and I am wondering if I sign this as to whether I risk "jointly owned items of value" (owned jointly with my husband). Such as, in the case that my son-in-law is tragically in an accident that left him disabled and on public assistance would the Gov. come after not only my wages but my husbands? And could they force the sale of a jointly owned house? Can they force the liquidation of a 401k in my name?

    I mean, basically I can qualify to Sponsor him now based on my income alone and work strong work history but I intend to stop working in a year anyways (after a long career). So I feel (perhaps in error?) that there won't be alot personally for them to come after should something happen.... (ie. no wages) so I feel less risk to the family should something horrible happen but I am wondering if I risk my spouses property/income also.... Thanks !!!

  • #2
    I really can't answer how they will come after you, but you will sign the affidavit stating you are responsible for him financially. He wouldn't be able to get govt. assistance because that is the point of the affidavit of support. One way to avoid those situations is to make sure he is insured at all times. He can get short term insurance until he gets a social security number and qualifies for regular domestic insurance. You can call the people at www.Insubuy.com for assistance with the short term insurance. Other than that, once you sign that affidavit, you are financially responsible for him.

    Here is a link that may answer some of you questions about insurance for him: http://www.immihelp.com/forum/showth...ce-Buying-Tips
    Last edited by PryncissQueen; 01-28-2017, 11:33 AM.
    Just my opinion... Use at your own risk...

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    • #3
      First of all, a sponsor is not financially responsible for him or liable for his bills. He can get millions in hospital bills and it would not affect you one bit. The only ways you can be affected are 1) if he sues you, or 2) if he uses a need-based government benefit and the government sues you for reimbursement. A government benefit is something he would have to apply for, and not something that can happen by accident. Also, historically, local governments have basically never sued people for reimbursement, as it must be done in federal court which is very expensive. There have been once or twice that a state has announced that they are starting to go after people, and then abandoned it. Though we don't know how things will go in the future.

      As to, if you were sued, whether they can affect your spouse's income or joint assets, that's a question of state property law and isn't something we can answer on an immigration forum.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        I have never seen a Government entity enforcing the I864.

        Vengeful ex spouse I have a few time, not common.

        You are required to mitigate your losses and a minimum wage job would meet the requirements so the few I have heard of tend to be ex spouses unable to work due to medical issues child care etc.

        I can imagine it being thrown into the pot when discussing divorce settlements.

        She can of course wait till she gets a job and sponsor him herself, income requirement is small.

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