I-864 Liability

[cjs1212]

I am in the very early stages of the process but have a question regarding the I-864. How far does the liability extend for the sponsor? From official sources, it seems to go through "means-tested" federal aid and up to supporting the spouse up to 125% of the poverty level until one of the given events occurs... However, certain sources (yahoo answers - unfortunately the chosen resource of some...) state that the liability extends to civil lawsuits etc., and essentially if the spouse is liable in any type of civil or criminal case, the sponsor is liable for any resulting judgment. Is this true? Any information, clarification and resources would be highly appreciated. (Not that its relevant, but this issue is a result of concerns from a potential co-sponsor, and not reservations from the primary sponsor (spouse)). Thank you.

[david_dawei]

If the sponsored relative cannot support himself or herself after obtaining Legal Permanent Resident status they can enforce the I-864 to obtain the financial sponsor’s assistance with regard to various expenses. I-864 forms are enforced when the sponsored relative presents the I-864 affidavit to the local USCIS office and asks for the government’s assistance in enforcing the sponsor’s obligations. The USCIS would then ask the Attorney General to enforce the I-864 in Federal Court. Moreover, in certain circumstances the US Government can enforce the I-864 affidavit to recover public aid that has been received by the sponsored relative.

 

Re: http://www.immig-chicago.com/Pages/Articles/Complex_I864_Affidavit_of_Support

Edited June 12, 2012 by david_dawei (see edit history)

[dnoblett]

The official government policy on the I-864 is:

 

Sponsor responsible for repaying any means tested benefits that the immigrant may use until one of the following:

• Sponsor dies.
  
• Immigrant dies
  
• Immigrant works and is credited with 40 quarters of work per SSA (~10 years work making $1000+ per quarter)
  
• immigrant leaves the USA giving up residency
  
• Immigrant naturalizes and becomes a citizen.
  

Cases in law where divorce lawyer uses the I-864 as a yard stick as to spousal support.

 

http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/2cbe6a52e76636f28525763b00661a63!OpenDocument&Highlight=0,*

http://www.kohtzlaw.com/immigrant-financial-support-under-new-york-law.html

http://www.divorcenet.com/states/new_york/financial_responsibility_immigrant_spouse_ny

http://www.divorcesource.com/ds/newjersey/immigration-and-spousal-support-will-the-affidavit-of-support-haunt-me--4168.shtml

[cjs1212]

Firstly, thank you very much for both of your quick responses. I have read most of the sources you provided (and re-read them) and have no questions regarding when the liability ends, however (forgive me for testing your patience) I still don't understand the extent of the liability. From all of these sources, it seems to stop at means-based aid and providing the spouse with support to the tune of 125% of the poverty level.

 

My question is related to if the liability actually goes further. For example, (hypothetically) if my spouse is involved in a car accident or civil suit and is required to pay a large judgment (well exceeding the amount required to stay above 125% line) are the signatories to the I-864 (who are not his/her spouse) possible defendants and/or jointly liable for such judgments?

 

Would the courts consider the his/her inability to pay as evidence that they are not being supported to the tune of 125% of the poverty level and use that to justify going after co-sponsor's assets as well?

 

 

Once again, I very much appreciate all help.

 

Thanks.

[dnoblett]

Never heard of the affidavit of support used in such an indirect way, and probably has not been used that way. No a Joint sponsor should not be held financially liable in a case where an immigrant and spouse are held liable in a civil lawsuit case. A Joint sponsor's obligation only extends only to what ever means tested benefit the immigrant should use should the primary sponsor be unable to provide support.

[cjs1212]

Ok, thank you very much for your help!

[david_dawei]

Maybe the wrong issue is being asked here... I don't get any confident sense in who the I-864 is intended for... in other words, if your asking, your possibly gambling.

[bluesit]

i864 is for govt going after you if the immigrant can't support him/herself and govt have to support him/her. i864 has nothing do to with anything else. ie civil lawsuit.

[Randy W]

i864 is for govt going after you if the immigrant can't support him/herself and govt have to support him/her. i864 has nothing do to with anything else. ie civil lawsuit.

 

Not exactly true - I don't think that we have heard of ANY cases of the government going after a sponsor for reimbursement of means-tested benefits. I' d be surprised if there were any.

 

What happens is that the I-864 gets waved around by attorneys in civil lawsuits - for example, in a divorce hearing the attorney can present the I-864 as a means of extracting more child support or alimony than his client might otherwise be entitled to. I agree with Dan that using it to transfer liability to the sponsor would be a BIG stretch, but that doesn't mean that some lawyer won't try it.

 

For more (recent) information - http://www.chinafami...?showtopic=4515

 

it seems the I-864 is only being discovered as a tool to wave around at hearings, both at the state and Federal level. Most of the cases involve Plaintiff's who introduced the I-864 as evidence at either a divorce hearing, or in suing at the Federal level.

 

. . .

 

In older cases, the defendant's lawyer's had simply rolled over and played dead and all but agreed to the awards.

 

. . .

 

If someone comes at you in court, waving an I-864 around that you, be sure you have a competent attorney who is aware of the issues surrounding this document.

 

. . .

 

If your spouse comes after you with the I-864, MAKE SURE you have a good attorney. The I-864 DOES NOT award her a check every month - it simply gives her the right to sue to make up the difference.

 

Likewise for the government - the I-864 does NOT award any money. It simply gives them the right to sue.

Edited June 19, 2012 by Randy W (see edit history)

[Randy W]

A laughable case here - if it wasn't so serious

 

http://www.avvo.com/legal-answers/seeking-lawyer-for-federal-contract-i-864-enforcem-778738.html

 

Seeking Lawyer For Federal contract I-864 enforcement: a financial contract, I have to be financially independent

 

 

Q: I am entitled to Attorney's fees to be paid by my ex-husband. Only those who will submit their fees to court need respond.

 

A: You are not entitled to anything. A judge may order attorneys fees but it is discretionary with the Judge. Further, there is no guarantee you are entitled to anything under an I-864. That is a contract between the person signing it and the government that in the event the sponsored person goes not welfare, the sponsoring person will reimbursement the government. There is no guarantee that the court will allow you to enforce an I-864 in a superior court action to collect anything from the other person.

[bluesit]

i864: www.uscis.gov/files/form/i-864instr.pdf

 

What Is the Purpose of This Form?

 

This form is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and that they are not likely to become a public charge.

 

For more information about Form I-864, or to obtain related forms please contact:

 

The USCIS website (www.uscis.gov);

 

The National Customer Service Center (NCSC) telephone line at 1-800-375-5283 TTY: (1-800-767-1833); or

 

Your local USCIS office by using Infopass.

 

 

How Is This Form Used?

 

This form is a contract between a sponsor and the U.S. Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.

 

The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.

 

If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.

[Randy W]

That agency can sue you if the cost of the benefits provided is not repaid.

 

Yes - it is ALSO waved around by lawyers at divorce hearings.

 

It is a piece of paper which can be used in court - nothing less, nothing more.

 

Be aware.

[dnoblett]

That agency can sue you if the cost of the benefits provided is not repaid.

 

Yes - it is ALSO waved around by lawyers at divorce hearings.

 

It is a piece of paper which can be used in court - nothing less, nothing more.

 

Be aware.

Exactly, in a few cases a divorce lawyer brings up the I-864 and points out that the sponsor (Spouse) signed a legal agreement with the US government indicating will support the immigrant to at least 125% of the poverty line if not more, and the ruling in the case can use this as a basis to what may set support to.

[Lololi]

i864 is for govt going after you if the immigrant can't support him/herself and govt have to support him/her. i864 has nothing do to with anything else. ie civil lawsuit.

You mean I-864 is no meaning?

[Randy W]

 

i864 is for govt going after you if the immigrant can't support him/herself and govt have to support him/her. i864 has nothing do to with anything else. ie civil lawsuit.

You mean I-864 is no meaning?

 

 

This is from his post and the I-864 itself

How Is This Form Used?

 

This form is a contract between a sponsor and the U.S. Government. Completing and signing this form makes you the sponsor. You must show on this form that you have enough income and/or assets to maintain the intending immigrant(s) and the rest of your household at 125 percent of the Federal Poverty Guidelines. By signing Form I-864, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.

 

The submission of this form may make the sponsored immigrant ineligible for certain Federal, State, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant in determining his or her eligibility for the program.

 

If the immigrant sponsored in this affidavit does receive one of the designated Federal, State or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid.