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Affidavit of Support


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#1 Mr. Lee

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Posted 13 June 2014 - 12:54 PM

Someone please correct me if I am wrong but doesn't financial responsibility under the document of support mean ALL financial costs including possible medical care? If I am correct then I feel it should be defined better as it seems a lot of people may not know what they might be getting themselves in for when they sign a document of support. 

 

What is an Affidavit of Support?

An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently.  The person who signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States.  The sponsor is usually the petitioner of an immigrant petition for a family member.

An affidavit of support is legally enforceable; the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or can be credited with 40 quarters of work (usually 10 years). 

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.

means-tested public benefit defined 

 

 


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#2 rbacon

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Posted 13 June 2014 - 03:59 PM

The Affidavit of Support, I-864, is not so specific as to name all support requirements, but is specific enough to discourage relatives (often in-law parents) from being co-sponsors.

 

The reality of the I-864, however, is that there is no consistent enforcement of its provisions, and you will find only minimal legal precedent for it being used as a tool for recouping of government benefits or direct financial support from a sponsor.

 

If you read through the narrative paragraphs contained in the full I-864 form (9 pages), you'll get a good idea of its intent, and that alone discourages many people from signing it.

 

The "other" Affidavit of Support, I-134, used for nonimmigrant visas (K1, for example), has no particular legal force, and its value can probably be discounted entirely after the 90-day K1 visa period.  The I-864 form was originally designed to replace the I-134, which had previouisly been used for immigrant visa sponsorship, about 15 or more years ago

 

--Ray B

Someone please correct me if I am wrong but doesn't financial responsibility under the document of support mean ALL financial costs including possible medical care? If I am correct then I feel it should be defined better as it seems a lot of people may not know what they might be getting themselves in for when they sign a document of support. 

 

What is an Affidavit of Support?

An affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently.  The person who signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States.  The sponsor is usually the petitioner of an immigrant petition for a family member.

An affidavit of support is legally enforceable; the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or can be credited with 40 quarters of work (usually 10 years). 

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.

means-tested public benefit defined 

 

 



#3 MrkGrismer

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Posted 13 June 2014 - 06:06 PM

Generally speaking the I-864 gives the sponsoree the ability to sue the sponsor in a court of law if the sponsor fails to support the sponsoree to 125% of the poverty level. If the sponsoree has an income, of any kind, that income would be subtracted from the poverty level for purposes of an award.

For the extremely long answer, see: http://papers.ssrn.c...ract_id=2412718 (click the download button for the pdf)


If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#4 rbacon

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Posted 13 June 2014 - 06:54 PM

Generally speaking the I-864 gives the sponsoree the ability to sue the sponsor in a court of law if the sponsor fails to support the sponsoree to 125% of the poverty level. If the sponsoree has an income, of any kind, that income would be subtracted from the poverty level for purposes of an award.

For the extremely long answer, see: http://papers.ssrn.c...ract_id=2412718 (click the download button for the pdf)

Mark,

 

The paper, which I perused about half of, is a fair analysis, but even admits that most attorneys, much less other creditors, fail to pursue or are blocked in their use of the I-864 provisions.  To suggest that any beneficiary can routinely call upon the legal force of the I-864 to obtain compensation from a sponsors impies more competence with the attorneys or creditors than is commonly available.  In time, however, this may change.  I've always thought that some of the aggressive Accounts Receiveable or Collections staff of hospitals are the ones most likely to seek out an I-864 as a starting point in identifying "deep pockiets" for monies owed for medical services, but I've seen no evidence of this in the occasional forays I do to answer questions.

 

--Ray B



#5 MrkGrismer

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Posted 17 June 2014 - 12:42 PM

Mark,

 

The paper, which I perused about half of, is a fair analysis, but even admits that most attorneys, much less other creditors, fail to pursue or are blocked in their use of the I-864 provisions.  To suggest that any beneficiary can routinely call upon the legal force of the I-864 to obtain compensation from a sponsors impies more competence with the attorneys or creditors than is commonly available.  In time, however, this may change.  I've always thought that some of the aggressive Accounts Receiveable or Collections staff of hospitals are the ones most likely to seek out an I-864 as a starting point in identifying "deep pockiets" for monies owed for medical services, but I've seen no evidence of this in the occasional forays I do to answer questions.

 

--Ray B

Yes, having the ability to sue and actually sueing are two different things in the real world. For somebody to sue it has to be 'worth their while', especially if the person they are thinking about sueing is likely to resist. In many cases the only persons that actually 'makes out' are the attorneys.

My point, however, is that the I-864 does not mean ALL costs, including medical care. Although one would think that somebody filling out an I-864 for a family member or spouse will do that, when things go bad the affidavit is actually pretty limited in what it does allow, although having to pay out 125% of poverty level might actually be more than an ex-spouse may have to pay without that affidavit in some cases.

In many cases an immigrant will have been successful enough to actually earn 125% of PL or more, in which case the I-864 pretty much is worthless (so long as that situation holds true).


If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#6 Mr. Lee

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Posted 17 June 2014 - 01:21 PM

Most hospitals, doctors groups and govt agencies have lawyers on staff who often need to earn their keep, so I  would think that law suits would be more common rather than less common, I guess I may be wrong in my assumption, yet I know of people who have been sued by hospitals for the balances left unpaid for one reason or another. 


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#7 rbacon

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Posted 17 June 2014 - 03:17 PM

Most hospitals, doctors groups and govt agencies have lawyers on staff who often need to earn their keep, so I  would think that law suits would be more common rather than less common, I guess I may be wrong in my assumption, yet I know of people who have been sued by hospitals for the balances left unpaid for one reason or another. 

Lee.

 

From what I have seen, hospitals have an expected rate of bad debts and normally farm these off to collection agencies.  A court-ordered judgment, often difficult to enforce, may follow the collection agency assignment.

 

--Ray B


Edited by rbacon, 17 June 2014 - 04:50 PM.





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