Hello from Gary;

We’ve posted several times and included some very worthwhile tips about the fiancee visa. We have more to write about the fiancee visa, but for this post we’ll jump way ahead and assume you’ve successfully navigated the fiancee visa process and have your beloved with you in America as your wife,

Congratulations!

But you’re not yet done with forms and bureaucracy. Next on your list of papers and processes is the “Green Card” process. This is the process you use to get your new wife’s immigration status changed from “temporary” to “permanent” resident. Without a green card, she cannot stay in America even though you have married her.

There are several forms and procedures involved in getting your new wife her green card. None of them are formidable and you should not need a lawyer to get through the process. (That’s true unless you have something “unique” about your particular situation). Actually, the USCIS, through its promptings and notifications will lead you through everything you need to do once you have filed the initial permanent residence request.

BUT - - there is one thing you need to pay VERY close attention to so that you fully understand its effects on you.

I’m referring to the form I-864, “Affidavit Of Support”, which is one of the forms you need to execute for the green card process.

Briefly, this is a form consisting mostly of documenting your financial resources available to support your wife so that she does not become a dependant of the United States Government. Most of the form is fairly straight forward. But when you get to part 8, PAY ATTENTION.

Note first that the title of part 8 is “Sponsor’s Contract”, where “sponsor” is a reference to YOU as the person sponsoring your wife to get permanent residence in the United States.

In other words when it comes to getting an American green card for your foreign wife, YOU are the sponsor, and by submitting this form, YOU are entering into a contract with the United States Government.
 
http://www.uscis.gov/files/form/i-864.pdf

I’ve given you a link to the form above so you can read the I-864 yourself, but following are some highlights of the obligations you take on with this form as part of the green card process:

NOTE - - below, all text in bold is quoted directly from the form I-864. Text not bolded are comments of mine.

Part 8. Sponsor’s Contract.

Following is the preamble to the I-864 contract:

If you sign a Form I-864 on behalf of any person (called the “intending immigrant”) who is applying for an immigrant visa or for adjustment of status to a permanent resident, and that intending immigrant submits the Form I-864 to the U.S. Government with his or her application for an immigrant visa or adjustment of status, under section 213A of the Immigration and Nationality Act these actions create a contract between you and the U. S. Government. The intending immigrant’s becoming a permanent resident is the “consideration” for the contract.
Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as an alien likely to become a public charge, the U.S. Government can consider your income and assets to be available for the support of the intending immigrant.

What is the Legal Effect of My Signing a Form I-864?

Note here that signing the form is voluntary but by your not signing may result in no green card for your wife. Hence, she must leave America.

You cannot be made to sign a Form 1-864 if you do not want to do so. But if you do not sign the Form I-864, the intending immigrant may not be able to become a permanent resident in the United States.

What If I choose Not to Sign a Form I-864?

This part is a little “murky” to me but in essence I take it to mean that your assets are considered as part of any assistance program your wife may need to apply for. Thus, your assets are “on the line.”

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed, then until your obligations under the Form I-864 terminate, your income and assets may be considered (”deemed”) to be available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for State or local means-tested public benefits, if the State or local government’s rules provide for consideration (”deeming”) of your income and assets as available to the person.

What Does Signing the Form I-864 Require Me to do?

Here’s what I call the real “meat and potatoes” of the form.

If an intending immigrant becomes a permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under the Form I-864 terminate, you must:

Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your husband, wife, unmarried child under 21 years old.)

Notify USCIS of any change in your address, within 30 days of the change, by filing Form I-865.

Sorry, lost the header part here but this is defining when your responsibilities under the contract end.

No longer has lawful permanent resident status, and has departed the United States;

Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:
Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
Dies.

NOTE this provision VERY CAREFULLY:

Note that divorce does not terminate your obligations under this Form I-864.

And note this one also. It’s like saying, if the government doesn’t sue you, she might.

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

Ah-ha, but here you have the ultimate OUT. Please avoid using it.

Your obligations under a Form I-864 also end if you die. Therefore, if you die, your Estate will not be required to take responsibility for the person’s support after your death. Your Estate may, however, be responsible for any support that you owed before you died.

That’s the last of the form the I’ll quote here. But I do have a couple of reflections for you - -

First off, there are some government agencies you can, perhaps, “play games” with. But there are 3 of them where you are almost guaranteed to lose with game playing or failure to perform. They are, the IRS, the FBI, and the USCIS.

If you enter into a contract with the UCSIS, be prepared to fulfill “your end of the deal” because if you don’t they will pursue you relentlessly.

And secondly, by, searching for a foreign bride you open yourself to the opportunity to find your “dream girl”, the love of your life. But don’t take on this quest frivolously. Be aware of and prepared to take on ALL of the responsibilities involved with being married to a foreign woman. If you’re uncertain of your ability to deal with the responsibilities involved, then forget about fiancee visas and all that stuff. Forget about foreign women. But if you think you can handle the challenges, I want to assure you, as one who “is there, doing that”, IT’S WORTH IT.

So that’s all for now, and if you’re still inclined to meet your Beloved somewhere other than here at home in America, take note:

Now naturally if you’ve visited our “About Us” page, you know that Alla is a Russian woman from Ukraine. So I am definitely inclined toward women of Ukraine. And also, things politically are somewhat turbulent presently in Russia, so I suggest that if you want to meet up with a Russian woman (highly recommended) check out the women of Ukraine.

Bye for now and Good Luck to you,

Gary.

P.S. Comments welcome BUT DO NOT use “.COM” ANYWHERE in your comment.(If you do, I won’t see it - it’s an anti-spam edit) Thanks.