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Ice on Immigration: The responsibilities of financial support to immigrants

By L. Patricia Ice, Featured Columnist

Question:  I have been asked by my best friend, who is a United States citizen, to be a joint financial sponsor for his immigrant wife.  His yearly income does not meet the federally mandated Poverty Guidelines required to sponsor an immigrant family member.  My friend has asked me to fill out and sign form I-864 Affidavit of Support.  If I sign the form, what legal obligations will I have to my friend's wife?

Answer:  You will be required, jointly with your friend, to support his wife at 125% of the income requirements listed in the Poverty Guidelines.  If your friend's wife is the beneficiary of any means tested public benefit such as Medicaid or Food Stamps before she is eligible to receive it, you may be required to pay back the value of the benefit.  You may also be requested to pay for any private debt the immigrant beneficiary may incur.

Your obligation to your friend's wife will last until she becomes a United States citizen, works 40 qualifying quarters pursuant to Social Security Administration guidelines, dies, or permanently leaves the United States.  If she gets divorced from your friend before one of the above events occurs, you will still be obligated to support her jointly with your friend.

If you have questions or concerns about your obligations to the immigrant pursuant to the I-864 agreement, I suggest you consult an immigration attorney or a Board of Immigration Appeals accredited representative (a non-attorney authorized to assist immigrants with certain immigration cases) before you sign.

 

L. Patricia Ice

Featured IMDiversity Immigration Columnist L. Patricia Ice is an attorney and counselor who has taught immigration law at Mississippi College School of Law in Jackson, and also contributes regular immigration advice stories to La Noticia and The Jackson Advocate.  A practicing attorney, Ms. Ice is a former Equal Justice Works Katrina Legal Fellow, focusing on immigrant family and employment issues in areas around the Gulf Coast.  Ms. Ice trains law students in the extern program of the Mississippi College School of law. She is also dedicated to immigrants rights advocacy, and serves as the Director of the Legal Project  of the non-profit rights education group, MIRA: The Mississippi Immigrants Rights Alliance at www.yourmira.org.

Articles in this column are Copyright 2006-2009 L. Patricia Ice.  All rights reserved.  Please do not reproduce further without seeking the permission of the author.

IMDiversity.com is committed to presenting diverse points of view. However, the viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at IMD.