affidavit of support

[JC1970]

I previously sponsored my now ex sister in law and her two children at least ten years ago. My ex sister in law got married a few years ago, as well as one of her children has gotten married.

Since I am divorced from my now ex husband, do I still need to list these three people on the affidavit of support form? I'm not sure about this. Can anyone give me an answer?

I will be sponsoring my now fiance, and he will be asking me in person to marry him, not online. Yes we have met in person and meet all of the requirements.

Any answers would greatly be appreciated. Thank you in advance.

[nichole]

You are obligated to those three people until they:

become US citizens,

have worked or been credited with 40 quarters of paying in to Social Security (which is 10 years of continuous employment, more years if they weren't always employed)

give up their greencard and leave the US

die

Your income must meet the level of a family of 5...yourself, fiance, the other three unless the mother has paid 40 quarters of social security by now or gotten her citizenship.

Divorce doesn't change your obligation.

[JC1970]

All three are working, and im not sure what quarters mean. 10 years? I don't think they are interested in citizenship. i dont know this for sure. So if they've worked enough time then i wouldnt have to worry about that?

I am sponsoring my fiance, and i am counting me and my two kids. Would this not make me make enough income as i figured for four. But I can still qualify for 5 people. A nephew, my fiance, me, and my two girls. He has a cousin in tennessee that immigrated years ago from the UK. Could he be a co sponsor even if he lives in another state?

[JC1970]

I read on the uscis website and it said that the immigrant's spouse's hours worked can be combined with the immigrant, so my ex sister in law would of probably made the 40 quarters. My ex niece is married so could her working hours be combined with her spouse's?

I looked over old paperwork pertaining to this. They were sponsored in 2003 (when papers were notarized)

The only person left would be my ex nephew then. he is only engaged, not married yet.

Am i correct in this information? I am becoming a bit worried about this. I have no idea if they applied to be permanent residents or applied for citizenship. My ex kept me in the dark over this.

But all in all I would have to list them on my affidavit of support form when I apply for my fiance from the UK. It asks on the form if I have ever sponsored an immigrant. That's where I guess I'd have to put it.

Cheers

(need some reassurance)

[nichole]

Have you ever? Yes, you have. Whether your money is still held in "reserve" for their support, I don't know as I've never been in that situation or researched it..

Quarters: four quarters in a year--Jan-March, April-June, July-Sept, Oct-Dec.

If you work continuously, then 40 quarters takes 10 years. If you took off a year, then you didn't earn those 4 quarters that year. If you were laid off in March and didn't find another job until December, you paid in the 1st quarter (Jan-Mar) and the 4th quarter (Oct-Dec), thus two quarters during that year.

In reality, they seem to be doing fine and won't need your support. But I guess you need current information on them like who they married and perhaps all their social security numbers and A-numbers so their Soc Sec wages could be verified by USCIS perhaps??

You might make an InfoPass appointment at your closest USCIS office so you can sit face to face with a person to ask them what information you need to provide. Take what you already have/know about them as well as the information about combining quarters. I'm sure you can't get personal information from Social Security about them, but you can ask if USCIS is able to access SS databases or request the information when they are deciding your case. Or maybe you would have to ask the immigrants and spouses for their latest SS statements. Those are mailed each year. Maybe the mom has enough income to be a co-sponsor for you to return the favor. Many questions, and an InfoPass appointment might help answer them.

Another thing. For the fiance visa, you are dealing with the Department of State via the embassy abroad, not USCIS. But when she arrives and you marry, you will be back to USCIS for the greencard and an I-864 Affidavit of Support. It's all kind of intermingled but 3 separate US agencies who don't always communicate or share information with each other---USCIS, DOS, and SSA.

[JC1970]

I can only list them from the paperwork i have. I do have my ex sister in laws A number, but thats it. I am not on speaking terms with them obviously since I divorced her brother (my ex). They would never give up that information and i dont think they'd return the favor either. My ex sister in law and her two kids have been in the us for a few years. The kids were 8 or 9 at the time. They are now in their 20's.

The USCIS probably would look up that information. It'd be in their database.

I'd still have to list them even though they've probably made the 40 quarters. I'm not certain. If the ex sister in law and my niece have the work hours/years in then i'd have to worry about the nephew. I would still qualify for 5 people if I had to. I'd just make the money needed, just make it.

[JC1970]

I don't think I'd have to list the three people I co-sponsored with my then husband, now my ex.

I have me, my 2 girls, my fiance. That equals 4 people already.

The 3 i co-sponsored in 2003 should of gotten in the work requirements. They are probably permanent residents by now. I don't see why they shouldn't be.

I dont know if I could make it to the immigration office as I work m-f evey week and its 2 hours away. Has anyone ever been in this situation as me? What did you do?

If I had to list them on avidavit of support form, that would bring me a total of 7 people! I don't have that kind of income. And I havent been successful in getting a co-sponsor. my sister won't because she says she doesnt know the guy. How can she get to know him if he cant get here?

Do they do the avidavit of support before the fiance visa, or after i marry my fiance? Please help

[nichole]

I don't think I'd have to list the three people I co-sponsored with my then husband, now my ex.

I have me, my 2 girls, my fiance. That equals 4 people already.

The 3 i co-sponsored in 2003 should of gotten in the work requirements. They are probably permanent residents by now. I don't see why they shouldn't be.

I dont know if I could make it to the immigration office as I work m-f evey week and its 2 hours away. Has anyone ever been in this situation as me? What did you do?

If I had to list them on avidavit of support form, that would bring me a total of 7 people! I don't have that kind of income. And I havent been successful in getting a co-sponsor. my sister won't because she says she doesnt know the guy. How can she get to know him if he cant get here?

Do they do the avidavit of support before the fiance visa, or after i marry my fiance? Please help

If they worked continuously since 2003, it would take until 2013 for them to get in the number of quarters and surely the children didn't start work in 2003. You're off the hook if they have applied for naturalization and have become US citizens. Or if they left the US or died.

When you sign to support them, you are not excused by divorce or a falling out. That's why your sister is wise not to just sign for somebody she doesn't know. It is a huge legally binding contract.

There are two Affidavits of Support--one before the visa is issued (I-134) and another after marriage when he applies for his greencard (I-864).

I still think you are obligated to list them.

Here's what the USCIS says on the subject.

Responsibilities as a Sponsor

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.

Change of Address

If you change your address after you become a sponsor, you are required by law to notify the USCIS within 30 days by filing Form I-865, Sponsor's Notice of Change of Address. If you fail to notify the USCIS of your change of address, you may be fined.

[JC1970]

I dont know what im supposed to do now. When I list them,(3) my children, (2) my fiance (1), and myself (1) that equals 7. So does that mean I can't bring my fiance here?

It makes me feel devastated. I don't want to be without my fiance. We want to be together.

I guess I'll have to try to contact my ex sister in law without raising a flag for the ex. All I can do is try and contact her, the worst is that she could hang up on me.

What happens is I don't list them at all? All i did was co-sponsor these three people and i'm stuck. I am so so sad

[JC1970]

She is going to talk to her immigration attorney on Monday. She has a appointment with immigration then. They are permanent residents. She thought I wouldn't need to worry about them. She hasnt become a citizen yet because of money and cost to do it. Her two kids and about her, she will find out for sure. Until then...i wait more. I will update then.
Thank you Nicole
Red tape indeed. patience is my middle name.

[Extremerecluse]

I 134

I have same sort of problem. In 1984, I sponsored my ex kids (4 of them) from the Philippines. My ex was already a US citizen from her father (A US Marine and deceased). Three of the kids are US Citizens now. One is still a green card holder but has worked at least 15 years. I also cosponsored two other in laws in 1991. They are US citizens now. Should I put all of them on I-134 or just leave them off. Is this type of information regularly investigated on all I-134s? What will they do if I do not mention them? Somebody help me please!!!

[JC1970]

I'm not an expert here, but if the three are citizens then you wouldn't have to list them, and the green card holder who has worked continously for 15 years you wouldnt have to list because the requirement would be for 10 continous years.

If you filed for persons, were you the main sponsor? I want to know if I send in an employment letter after fiance visa approval when they ask for it. I'm going to get it tomorrow. Who do I address it to? Dept of homeland security and the service center together as one address. I live in minnesota, so its the California service center, before that it gets sent to the dallas lock box.

[JC1970]

I tried calling my ex sister in law about her immigration appointment, and of course she hung up on me. What do I do now? I don't have any information now.

I am assuming that I have to list them on the first affidavit of support? Or do I list them when we do the affidavidt of support when he would apply for his green card.

Does this mean they can deny him entry to get married to me based on a household of 7, when they dont live with me which i am obligated to be the co-sponsor, because of income. Or does that come later when filing the I 864 support form?

Please help thank you

[JC1970]

My friend has an attorney friend that answered my questions on listing those 3 I co-sponsored. She didnt think I had to list them, but gave me the number for our local USCIS office. Yes, indeed I have to list them. So, there I have it.

So far I haven't heard a yes from anyone to co-sponsor with me since I have to write down a household of 7 instead of 4. 4 is what I have enough income for.
I have one person left who is willing to help, but first must get her life sorted out from a divorce and a bankruptsy. So my fiance is trying to see me this summer and bring his daughter, and I will have him meet all of my friends and family. Maybe then this will sway them into co-sponsoring with me. It's worth a try.

As far as those 3, I'll have to wait until they become citizens which could be a couple years. If 2 of them become citizens, then I would have enough to support 4 + 1 previous sponsored person.

Just updating everyone. I hope your situation isn't as sticky as mine. Me and fiance won't give up. We still are very committed to being together for good.
Thanks everyone for your input. I'll update at a later time if anything would change.xx

[nichole]

JC--

I told you over a month ago the correct answer. Being a joint sponsor is a serious committment as you maybe now believe. I hope you find one.

Meanwhile the poverty guidelines for 2011 went into effect this week and are slightly higher. Somewhere in all of the immigration stuff in my head, I think 100% of the poverty guidelines is sufficient for the I-134 at the embassy for the visa. You have never discussed assets. Do you have savings? a 401k?

Rather than wait on estranged ex relatives to get citizenship, which may or may not happen, start saving money like crazy.

Example:

You need $40,000 to qualify.
Income is $30,000

You are short by $10,000 so need 3 times that in assets.
3 x $10,000 = $30,000 needed in savings, 401k, investments, home equity.

Any possibilities there??

For the greencard application support it is 125% and 5 times shortfall needed in assets. But there is actually no law on the books saying a K1 has to file for AOS. The requirement is to marry in 90 days. It would be a crappy life with him unable to seek legal employment until you could sponsor his support for the greencard. And he would not be able to get a drivers license. It could seriously strain the marriage. But it is an option to get him here to be together, although it's not a great option.

You've never said what home country he is from.