Risks of sponsoring an immigrant – General Consideration
Risks of sponsoring an immigrant come from the serious responsibility you are taking by signing an affidavit of support. Let look in more detail what is an affidavit of support and when do you need to sign it. I-864 is a form formally known as an affidavit of support. When you apply for a US visa, sometimes you need an affidavit of support, but not in all cases. Affidavit of support needed only if the USA government believes the new coming resident might not have sufficient funds to support himself/herself.
The typical example relevant to this discussion is a fiancé visa or a spouse’s visa. USA citizen or green card holder may petition to bring his/ her fiancé into the USA and must sign the affidavit of support.
Risks of sponsoring an immigrant are imposed because if a sponsor signs the affidavit of support, he accepts legal responsibility for supporting the immigrant unless the immigrant becomes a citizen or has 40 quarters of work. One quarters of work is approximately three months
Risks of sponsoring an immigrant – from Government AND Immigrant
Risks of sponsoring an immigrant after signing an affidavit of support appear from the contractual relationship between the sponsor and the government. This contract will be enforceable in the court of law and the government may sue the sponsor for failing to provide support to the immigrant. The risks of sponsoring an immigrant is high because there are more obligations on the person who signs an affidavit than on the immigrant. The immigrant may quit a job filing a lawsuit against the sponsor requesting support.
Risks of sponsoring an immigrant can come in multiple ways. There is a possibility that the government will file a law suite against in order to reimburse a public agency providing a benefit sponsor, it can collect enough money to reimburse any public agency providing benefits to the immigrant. There is a possibility that the immigrant will file a law suite sues to collect money to up to 125% Poverty Guidelines less than an immigrant’s income.
There are no many suites were filed by the government in the past. However, under recent”Systematic Alien Verification for Entitlements” , agencies would be more active in search for sponsor contact information to held them liable for the help they are providing to immigrant.
Risks of sponsoring an immigrant are so serious that even if the sponsor would file bankruptcy, it would not release him from the liability.
Risks of sponsoring an immigrant during a divorce
It is important to know that divorce will not terminate your financial responsibilities to support immigrant. As we have mentioned above if your immigrant spouse becomes a citizen unless or move out of the USA, it is terminated. I-864 states clearly that even if you are divorcing the sponsor’s obligations are not terminated
California community property law give the spouses right and duty to be supported and to support to be supported during the marriage. Under California law the obligation to support would also continue if certain factors are satisfied. Some of the major factors are how long was the marriage, what are spouses income, health, marketable skill, ability to earn money ext.. We had discussion regarding this in our page
Risks of sponsoring an immigrant in short term marriage
The most important case regarding Risks of sponsoring an immigrant during divorce is In re Marriage of Kumar because it significantly changes the standards a court would normally apply. It is especially critical in short term marriages. Long term marriage is generally ten years or more. Short term marriage is less than 10 years. In general if length of the marriage is less than 10 years, spousal support will be paid for half the length of the marriage. Under Kumar case, there is another obligation in addition to California community. This obligation arises when the sponsor is signing I-864. The sponsor of immigrant still provide a spousal support regardless of the length of the marriage as until as we stated above the immigrant becomes a citizen or has 40 quarters of work.
Moreover, under California law, the spouse needs to mitigate the damages and place the best effort to become self-supported. There is no such duty to mitigate under I-864.
Sponsoring an immigrant in California comes with various risks and responsibilities, primarily centered around support obligations. Let’s delve into some of the key considerations:
Enforcement of Support Obligations
Under California law, the courts can enforce the affidavit of support, compelling sponsors to provide financial assistance based on the immigrant’s needs and the sponsor’s ability to pay. This enforcement can include garnishment of wages and other legal measures to ensure compliance.
Impact on Child Support
If the sponsor and immigrant have children, the sponsor’s financial obligations under the affidavit of support might influence child support calculations. Courts will consider the sponsor’s total financial responsibilities, which could affect the child support awarded.
Spousal Support Modifications
California law permits modifications to spousal support due to significant income changes in either party. However, obligations under the I-864 affidavit are fixed and unchangeable, leading to potential dual financial burdens for the sponsor: court-ordered spousal support and federal support obligations.
Financial Disclosures
Sponsors must provide detailed financial disclosures during family law proceedings involving support. This includes information on income, assets, debts, and other financial responsibilities. Incomplete disclosures can result in penalties and negatively impact the sponsor’s legal standing.
Legal Fees
Legal disputes over support obligations can incur substantial legal fees. Sponsors may bear their own legal costs and potentially the immigrant’s legal fees if the court rules in favor of the immigrant regarding the affidavit of support enforcement.
Public Assistance Reimbursement
If the immigrant receives state-funded benefits, California law allows the state to seek reimbursement from the sponsor, further increasing financial liabilities.
Long-Term Financial Planning
Sponsors should plan for long-term financial implications, as obligations under the I-864 can last up to ten years or until the immigrant achieves 40 quarters of work. Financial advisors may recommend setting aside funds or adjusting financial plans to accommodate these responsibilities.
Immigrant’s Actions
The immigrant’s actions, such as voluntarily leaving employment or increasing their need for support, can affect the sponsor’s obligations. California law does not impose a duty on the immigrant to mitigate damages regarding I-864 obligations, placing more financial risk on the sponsor.
Immigration Law Changes
Changes in federal immigration laws or policies can also impact the risks and responsibilities associated with sponsoring an immigrant. Staying informed about legislative changes is crucial for sponsors to understand potential impacts on their obligations.
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