Sound Immigration is the Affidavit of Support Law Firm ®. We represent green card holders in federal lawsuits to recover financial support under the USCIS Form I-864, Affidavit of Support. We also provide consulting services to family law attorneys enforcing the Form I-864 in divorce cases. Contact us for a free case assessment or video consultation to determine if you have rights under the Form I-864.
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I need help filling out I-864, and getting conflicting answers. I have separate I-130s for my wife and stepdaughter, the I-864 states to complete one for each. It says not to list other beneficiaries if they have a separate visa application under section 3, family members. If I don't list them, when I get to the 'household'' size how do I reflect the other so the total household is 3. based on what they are instructing me do I end up with a household of 2 on each form. this is VERY confusing.
Why is the so-called Defendant's name is always in the ALL CAPS NAME? What's the hidden meaning? because living people don't write their names in all caps. It's a deception to fool a living in accepting a dead entity. This fraud must come to an end. It's the crime of personage.
Greg, I wouldn't recommend anyone getting the affidavit of support to bring their spouse to the U.S.! If you're going to marry someone from another country, marry them in their country and live in their country! The aos gives the Foreigner too much power against you! Especially if they're not on the up in up. honestly, someone needs to make a lawsuit against the federal government! Because if the person turns vindictive or have ill intent, the government allows you to be bled to death by the aos! So Greg, why don't you talk about how the dark side of the aos can definitely destroy your life!
im going through vawa,we had gotten married and applied for AOS.does he have a legal obligation still?we are still married and he has assaulted me twice.there are police cases.i dont have my work authorization but it has been 3 months not a year.
You have to get a green card through family-sponsorship before you have the right to sue a sponsor. People use "VAWA" to refer to different things. But if you mean an I-360 self-sponsorship petition, that process does not give rights against a sponsor (which is ridiculous, but that's how the law is written). An I-751 is different, since in that case the underlying status *is* based on marriage. ~Greg
No - in fact, the entire purpose of the I-864 is to make the sponsor responsible for the immigrant, instead of giving access to government assistance. ~Greg
Going through this now. Paid for a head stone for my grave and it was never delivered. Now the company closed and I’m trying to get my money back. I have all my paperwork where I paid and emails from them telling me they would send my refund check before they closed. I’ve since talked to the owner and he tells me that he has closed the business and has nothing to do with it anymore. I sent him a registered demand letter with a copy of all my documents. No contact back. Had him served through civil court. They couldn’t find him. I’m at a loss.
Hi Greg, I need to fill out I-864 for my spouse, but my income is not enough, so i need a joint sponsor. But the person I’m going to use as a joint sponsor has already sponsored 12 people before. But it was like 7 years ago. So, do you think that having him as a joint sponsor will create any issue as he already has sponsored alot of people. Or it’ll be fine to add him as a joint sponsor since it was a long time ago? All those people are settled now and no one depends on him(I don’t have anyother option other than him) kindly help please
After divorce alimony payments have stoped and the immigrant is working full time, what is the legal responsibility of the sponsor until the 10 year work time is completed?
@@Wes13e regardless of any of that, the duty is always to ensure that the sponsored immigrant’s income is at least 125 percent of the poverty line. If they are employed full time, that normally means the sponsor is off the hook. -Greg
Good day Sir I'm from Philippines my case is IR-1 my status is At NVC.I just wanna know the obligation so and responsible of a co sponsor? Actually if the co-sponsor has already gave he's/ her transcript of taxes? And I as the applicant has been approved,? I have my visa already and I'm in America already?, What if that were running out of finance's and it come to a point that we will go on public assistance? Does still our co sponsor has an obligations and responsibilities on us? As the applicant knowing that were already been approved? I hope I can receive a response from you Sir/ Mam.
After you enter the US on the IR-1, you automatically become a resident and your sponsors have a responsibility to maintain your income at 125% of the poverty line - $1,531/month for a household of one. ~Greg
question for you sir, if the beneficiary divorces and later on is remarried, will the beneficiary be considered a household member of the new spouse? Therefore being claimed for tax purposes and new spouses income considered as a whole for the household?
Good question. That's not entirely clear, but there is strong case law to support the idea that the household remains one-person. Put differently, the sponsored immigrant (if unemployed) is still entitled to support even if they remarry. The Erler case out of California says that a sponsored immigrant is still entitled to support even if she lives with her employed adult son. ~Greg
The only time a sponsor was sued was in Colorado when a Green Card Holder went on Medicaid. President Trump did want to get the Federal Government to enforce the contract on the sponsor which never happened.
How about if the immigrant is married and the wife ask for Medicaid for their kids. My cousin is married but his wife applies for Medicaid for the kids. Am i liable for that?
Excellent question. I'm not aware of any case in the USA that addresses this, but the answer should be no. *If* the kids were not beneficiaries of the I-864 (primarily if born here in the States), they are not covered by the I-864 and the sponsor would not be liable if they get benefits. ~Greg
I'm afraid there is no action (that I'm aware of) under those circumstances. The intending immigrant has no legal right to sponsorship from the sponsor, who has the specific right under immigration law to withdraw the I-864 prior to the immigrant obtaining residency. ~Greg
Is there anything I can do if my Thai wife who has received temporary greencard 03/10/23 - expires 03/10/25 ; and she already left and we are divorcing ? I feel completely used and this whole situation is unfair…. Is there help for me ( the citizen) ? Seems like all help is for the non citizen… I’m in California….Bay Area
I’m a co-sponsor, I don’t have the receipt and case number, where will I get the number so that I can withdraw my affidavit of support to stepson because I’m already divorced to my ex-wife. Where will I get the receipt and case number
How do I withdraw the affidavit of support to stepson because I’m already divorce to his mom, the problem is I don’t know the receipt and case number, my wife doesn’t want to give me the number. What will I do because my stepson is waiting for document qualified
Basically are you saying, you can sponsor someone and the sponsored person can basically quit their job and then take YOU to court and force you legally to give them free money? And that would be for the rest of their life? That's insane
No, that's not what I'm saying. But visa petitioners are required to file support contracts for immigrants they choose to sponsor, and if that person becomes unemployed, it is the sponsor's obligation to step in and provide support. I hear a lot of talk about the importance of enforcing immigration law. This is just one more part of immigration law that courts have the ability to enforce. ~Greg
@@Soundimmigrationlaw so what are the repercussions if the sponsor cannot afford to support the beneficiary? What happens then? Is the sponsor put into jail? How is the sponsor protected from a beneficiary that is unwilling to work and contribute to society or their relationship?
can i set aside post judgment default order which entered like 10+ years ago without my knowledge and if that happens will "statute of limitation" effectively applies for the case in case if the plaintiff(collection agency) decides to continue with the case ?
She did declare bankruptcy, I swallow that for 10 years no credit card and still not . I not elegeble because I cannot pay my child support with another women who suit me
If a person with pending asylum acquires financial support sponsor from a non family member then marries a US citizen (different person from sponsor) would the US citizen be obligated to sign an I864 as well? Is there a way to marry without submitting an I864?
The I-864 is signed only in the course of a family-based immigration applicaiton. It isn't required for marriage generally. So if you're just getting married the I-864 isn't required; if the person is then applying for a marriage based green card then it likely is required. ~Greg
So why are all the illegal undocumented immigrants in New York and Chicago getting benefits and housing if this is being enforced as if there are no tax paid benefits going to immigrants? Sounds like a scam
Normally we would include all defendants. At most this is typically three people (visa petitioner, joint sponsor, and a household member of the joint sponsor). I've never had a case with more than three defendants. Sometimes we will exclude one f the defendants if they cannot be located. Greg
The Ninth Federal Circuit (governing California and other western states) has specifically said no, nuptial agreements cannot defeat rights under the I-864. ~Greg
Hi, in New York State Medicaid is now giving immigrates and undocumented 65 and older Medicaid regardless of there statuses, will a sponsor be responsible for paying back Medicaid if the 5 year rule does not apply to these recipients. Please advise.
Interesting, I wasn't aware of that. The state could still choose to seek reimbursement against sponsors. *However* I am not aware of New York having pursued reimbursement actions at any time in recent history. (If you hear of any such cases, I would be interested). ~Greg
I'm not aware of California taking any such action against sponsors. That isn't to say they wouldn't have a legal right in theory, I am just not aware of California or any other state that is actively enforcing reimbursement rights from sponsors. ~Greg
Is there an attorney that practices in Indiana, I have a slum lord that deceived my family into moving into a house that is full of black mold, the city inspector actually called cps they came and said we are trying to remedy it but now we have to move and this guy wants to sue me. We have pictures from cps and us from we moved in( maybe video also) but hundreds may want to hop on as a class action suit, this guy owns lots of properties and the city is aware of him. Contact me if you think you want to join or represent
Hey I need to consult an immigration attorney. I see you deal a lot with the I864. I have the opposite problem can you direct me? I need a legal document protecting the joint sponsor from possible liability and damages. I know you enforce the i864 but on the flip side, I need to know how one can protect from enforcement. The immigrant is willing to do whatever necessary to relieve the joint sponsor of this potential liability. Nothing has been signed yet by any party.
I appreciate your definition. I have a parole family who refuses to follow any direction from me. She has lost 2 jobs due to her behaviors. I do not feel that she deserves my “ anchoring”. Any comment ? Thx
I sponsored my mom 5 years ago she is 70 years old. She went to live with my sister to Miami, my sister recommended her to apply for food stamps and Medicair benefits. She was approved. She did this without my consent. How I will be affected? Can I ask her to remove these benefits
If your mother needs food stamps and Medicaid that might be the most important consideration. She does not need you "consent" to apply for public benefits that she is legally entitled to. And no, you don't have any authority to kick her off of those public benefit programs. If she is unemployed/low-income she may have the ability to sue you for financial support, so you might want to be extra nice to mom. ~Greg
