Affadavit of support

[Zorro]

Can anyone shed more light on the I-864 Affadavit of Support and what it obligates you to exactly in the case of divorce? In terms of this agreement, what constitutes "support"? How much money are we talking about here? What is "125% of the Federal poverty guidelines"? And if a divorce occurs in the first two years of a marriage, under what conditions is the alien resident allowed to stay? I hate to ask such grave questions, but I want to know any possible negative consequences of marriage upfront.

[NW Jim]

... in response to Affadavit of support, posted by Zorro on Jan 19, 2002

Zorro,
Try this link from Hydes/Doc Steens site:

http://k1.exit.com/affidavitframes.html

[Pete E]

... in response to Affadavit of support, posted by Zorro on Jan 19, 2002

The affidavid of support basically says if the person sponsored ever recieve public assistance(welfare,but maybe other things)within 10 years after the affidavid or 10 years after she begins working,which could be way more than 10 years(what if she never worked?),you have to reimburse the public agency.This is only if she recieves public assistance.
A larger issue probably is allimony.This varies from state to state,but if you are married 2 or 3 years she may be able to get alimony from you and child support for chilren you have together or who you have adopted.
About the 2 year thing.The marriage is supposed to last at least 2 years.90 days before then end of the 2 year period you file together to make her a permanent resident(the conditional is removed).This should be automatic but takes about a year.We just filed this 6 weeks ago.She recieved a one year extension to her temporary permanent residency and they said it would take least 330 days to process the request for permanent.If you are not still married or will not sign this application with her she can file it anyway.If she can show"good Faith" in entering into the marriage she may be allowed to stay anyway.What "good faith " involves I'm not sure,but unless you can show fradulent intent she might be able to get it.The other 2 ways she can get it without you signing are if you die(its automatic)or if she can show abuse.From what I have read abuse would have to be documented,like police reports.Be very carefull if she calls the cops.While these things are being determined I think she can stay.It might take 2 or 3 years to resolve.
How does this bear on Alimony?Again it depends on the state.Her position might be considerably weakened if she was out of the country.If no one applies for the permanent residency her visa and green card die in 2 years.If she leaves the country she can't get back in.I guess in general the longer you are married the more likely you will pay alimony.The afidavid could really bite you if she goes on welfare and the INS never gets around to kicking her out of the country.This could be a problem from the time she got her,even if you separated immediately.
Lots of questions,no hard answers,it depends on the individual situation.Your risk could be very low if the girl would just leave if the marriage failed,which I think most would do.If she really wants to stay in the US and fights it your risk could be much higher.
I guess my other recommendation is go for charachter,don't mess with anybody questionable or about who there are many questions and stories that don't jive.

Pete

[Zorro]

... in response to Re: Affadavit of support, posted by Pete E on Jan 19, 2002

Thanks, guys. What made me start thinking about the Affidavit of Support was attorney Gary Bala's reference to how it relates to the premarital agreement, on his site at www.usaimmigrationattorney.com/article.html.
If I interpret what he is saying correctly, it is that the immigrant has no right to federal benefits of any kind until they have been here for 5 years. But, in terms of alimony, which can still be awarded with a premarital agreement if the immigrant decides to stay here, the judge may look to the Affidavit of Support as a guideline in determining alimony. Thus, he says, a sum of one-half of the sponsor's required amount of support under the I-864 would not be an unreasonable starting point for alimony and could be structured into the premarital agreement. From what I gathered on the website NW Jim suggested, the required support amount is 125% of the poverty level, which in 2001 for a 2-person household, was $14,512. So, if I'm interpreting Bala correctly, that translates to only about $7,256?

[Gary Bala]

... in response to Re: Re: Affadavit of support, posted by Zorro on Jan 20, 2002

You are welcome to call me if you want my views.
Gary Bala