Hi regrettingmarriage,
Overview Sponsor's Obligation
"The person completing this affidavit is the sponsor. A sponsor's
obligation continues until the sponsored immigrant becomes a U.S.
citizen, can be credited with 40 qualifying quarters of work, departs
the United States permanently, or dies. Divorce does not terminate the
obligation. By signing this form, you, the sponsor, agree to support
the intending immigrant and any spouse and/or children immigrating
with him or her and to reimburse any government agency or private
entity that provides these sponsored immigrants with Federal, State,
or local means-tested public benefits."
http://uscis.gov/graphics/formsfee/forms/files/I-864.pdf
>>> What type of public assistance could he qualify for that would
result in me having to reimburse the state and/or federal government?
Your ex has been "ineligible for most Federally-funded means-tested
public benefits during [his] first 5 years in the United States".
Afterward, he could qualify for the following "means-tested public
benefits" (although given your income, that is doubtful).
Food Stamps
Medicaid
Supplemental Security Income (SSI)
Temporary Assistance for Needy Families (TANF)
State Child Health Insurance Program (CHIP)
States and local jurisdictions may also designate certain of their
programs as means-tested public benefits.
What are My Responsibilities as a Sponsor?
"When you sign the Affidavit of Support, you accept legal
responsibility for financially supporting the sponsored immigrant(s)
until they become U.S. citizens or can be credited with 40 quarters of
work. 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. If the immigrant
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. When in doubt, ask the benefit provider whether the
benefit is a 'means-tested public benefit.'
Currently, Federal means-tested public benefits include Food Stamps,
Medicaid, Supplemental Security Income (SSI), Temporary Assistance for
Needy Families (TANF), and the State Child Health Insurance Program
(CHIP). States and local jurisdictions may also designate certain of
their programs as means-tested public benefits.
The following types of programs are not counted as means-tested public
benefits: emergency Medicaid; short-term, non-cash emergency relief;
services provided under the National School Lunch and Child Nutrition
Acts; immunizations and testing and treatment for communicable
diseases; student assistance under the Higher Education Act and the
Public Health Service Act; certain forms of foster-care or adoption
assistance under the Social Security Act; Head Start programs;
means-tested programs under the Elementary and Secondary Education
Act; and Job Training Partnership Act programs."
http://uscis.gov/text/howdoi/affsupp.htm#whatare
Means-tested Public Benefit Prohibitions and Exceptions.
"Under section 403(a) of Public Law 104-193 (Welfare Reform Act),
aliens lawfully admitted for permanent residence in the United States,
with certain exceptions, are ineligible for most Federally-funded
means-tested public benefits during their first 5 years in the United
States. This provision does not apply to public benefits specified in
section 403(c) of the Welfare Reform Act or to State public benefits,
including emergency Medicaid; short-term, non-cash emergency relief;
services provided under the National School Lunch and Child Nutrition
Acts; immunizations and testing and treatment for communicable
diseases; student assistance under the Higher Education Act and the
Public Health Service Act; certain forms of foster-care or adoption
assistance under the Social Security Act; Head Start programs;
means-tested programs under the Elementary and Secondary Education
Act; and Job Training Partnership Act programs."
http://uscis.gov/graphics/formsfee/forms/files/I-864.pdf
>>> What is the maximum I would be required to pay?
For all of the costs.
>>> Are there any circumstances that would waive my obligation to
reimburse the government for my ex-husband public assistance expenses?
It's possible that the agencies won't go after your ex for
reimbursement, but if they do, and you don't provide support, it will
be up to your ex to sue you. So it is possible that you may luck out
(agencies don't ask for reimbursement or ex doesn't sue), but as far
as an official "waive of obligations", I've found none. However, it
is likely that it will never come to that because your ex's resources
will be deemed too high for eligibility (because the agencies will
have access to your financial info).
DEEMING AND ENFORCEMENT OF THE AFFIDAVIT OF SUPPORT
1. How will the affidavit of support be enforced?
"Agencies that provide means-tested public benefits to sponsored
immigrants will be able to request reimbursement from sponsors for the
amount of benefits that they provide and sue them if they do not
repay. INS will provide information to benefit providing agencies on
the names and addresses of sponsors; these agencies, not INS, will be
involved in the enforcement of affidavits of support. If sponsors do
not provide basic support to the immigrants they bring to the United
States, the sponsored immigrants may sue their sponsors.
2. Can INS verify sponsorship information for benefit agencies?
Yes, INS currently provides certain benefit agencies with information
that sponsors provided on the original affidavit of support. INS will
have automated information on the name and address of sponsors and
will make this information available to benefit agencies.
3. What is deeming?
If a sponsored immigrant applies for a means-tested public benefit,
that agency will consider or "deem" the sponsor's income and resources
as well as the income and resources of the sponsor's current spouse to
be available to the sponsored immigrant in determining the eligibility
of that sponsored immigrant for benefits. Deeming of the sponsor's
income usually will make the sponsored immigrant ineligible for
means-tested public benefits.
4. How does the legislation change deeming requirements?
Under previous law, deeming of sponsor's income applied only to AFDC,
food stamps, and SSI. This process applied for 3 years for AFDC and
food stamps and for 5 years for SSI. The new law applies deeming
requirements to most Federal means-tested programs until citizenship
or until the sponsored immigrant has worked or can be credited with 40
qualifying quarters of work. Once the new affidavit of support is in
use, States may also choose to apply deeming requirements to their
State means-tested public benefit programs.
5. Do agencies have to implement deeming right away?
The new deeming requirements apply only to immigrants whose sponsors
sign new affidavits of support (Form I-864). Therefore, no new deeming
will occur until December 19, 1997. However, since most immigrants who
enter the United States after August 22, 1996, are barred from
receiving Federal means-tested public benefits for their first 5 years
in the United States, there will be no new deeming for Federal
means-tested public benefits for approximately 5 years, with one
exception. Deeming for Federal means-tested programs may take place
sooner for aliens who are veterans, active duty servicemen, or their
families since they are not barred from receiving these benefits.
States may choose to deem sponsor income and resources in determining
eligibility for their programs for immigrants sponsored under the new
affidavit of support. Deeming could begin to occur very soon in those
States which do not bar access of immigrants to their means-tested
public benefits.
6. Are there exceptions to deeming all of the sponsor's income?
Yes. If an agency determines that a sponsored alien would be unable to
obtain food and shelter (taking into account the alien's income plus
any cash, food, housing, or other assistance supplied by the sponsor
or another individual) only the income and resources that the sponsor
and his or her spouse actually provide to the immigrant will be
attributed to the immigrant. The agency must provide INS with the name
of sponsor and sponsored immigrants receiving benefits under this
provision. An agency's decision to grant benefits under this exception
does not relieve the sponsor of the obligation to reimburse the agency
for any means-tested public benefits used."
http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm
>>> Does the fact that I left because he was abusive, even though I
did not take any legal action to document it like filing a restraining
order, (although, our former marriage counselor can attest to his
violent and unstable temper given his behavior during marriage
counseling), have any bearing on my financial obligation?
No, without any legal action and court order, your contract will have
to be honored although it wouldn't hurt to ask an immigration lawyer
about this.
>>> If I remarry within the next 7.5 years and my ex-husband receives
public assistance, would my potential future husband's assets count
towards my ability to pay?
Yes, your total income and resources will count (and your ex will most
likely be ineligible for benefits).
3. What is deeming?
"If a sponsored immigrant applies for a means-tested public benefit,
that agency will consider or "deem" the sponsor's income and resources
*as well as the income and resources of the sponsor's current spouse*
to be available to the sponsored immigrant in determining the
eligibility of that sponsored immigrant for benefits. Deeming of the
sponsor's income usually will make the sponsored immigrant ineligible
for means-tested public benefits.
http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm
>>> Additional Links of Interest
13. When does a sponsor's obligation to support sponsored aliens end?
The sponsorship obligation continues until the sponsored alien
naturalizes, has worked or can be credited with 40 quarters of work,
leaves the United States permanently, or dies. However, a sponsor or
the sponsor's estate remains liable for any support or requests for
repayment of benefits that arose before the support obligation ended.
14. Does divorce nullify the sponsorship agreement?
"No, divorce does not nullify the sponsorship agreement."
http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm
General Information & Frequently Asked Questions Affidavit of Support (Form I-864)
http://travel.state.gov/visa/immigrants/info/info_1328.html
SI 00502.240 New Version Affidavit of Support
http://policy.ssa.gov/poms.nsf/lnx/0500502240
Public Benefits and Your Immigration Status
http://www.pai-ca.org/pubs/539001.pdf
I hope I've been able to help you see through the immigration maze and
I sincerely wish you the best of luck. If you have any questions,
please post a clarification request and wait for me to respond before
closing/rating my answer. Please read the "Important Disclaimer" at
the bottom of this page, advising that Google answers are provided for
general information purposes only and are not intended to be a
substitute for legal advice.
Thank you,
hummer
Google Search Terms Used:
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spouse i-864 "affidavit of support"
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uscis affidavit of support spouse
uscis sponsor income |
Clarification of Answer by
hummer-ga
on
11 Aug 2005 12:52 PDT
Hi RM. The figures you are thinking of are included in one of the
links I gave you -
What are the income requirements for an Affidavit of Support?
You also must meet certain income requirements (whether you are a
sponsor, a joint sponsor, or a substitute sponsor). You must show that
your household income is equal to or higher than 125 percent of the
U.S. poverty level for your household size (See table below.) Your
household size includes you, your dependents, any relatives living
with you, and the immigrants you are sponsoring. For example, if you
have a spouse and two children and you want to sponsor your brother
and his wife, you must prove that your household income is equal to or
higher than 125 percent of the U.S. poverty level for a family of six,
or $32,337, from the table below. You must also include in your
household size any immigrants you have previously sponsored under this
part of the law. In the above example, if you had previously sponsored
your parents and your sister, your household size would be nine
persons and you would need a household income of $44,562 ($30,487 +
$4,075). [see table]
http://uscis.gov/text/howdoi/affsupp.htm#income
Well, if it's any consolation, I can tell you from first hand
experience that the older you get, the faster time flies (it is just
unbelievable just how fast sometimes). So, not to worry, 7.5 years
will melt away and hopefully the worst that will happen is we'll all
be older and wiser.
Please let me know if you have any other questions.
hummer
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