Quote:
Originally Posted by johne
This would throw a whole new light on the subject of sankies etc. IF in fact this has not been brought to the attention of some of the Canadian ladies in the past.
Would really like to hear from someone who has expirence with this and from someone who might know about the U.S. law.(details please-not hearsay)
Thanks
john
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Here is some info on US Sponsorsip from this site.
http://www.stollermoreno.com/DynamicContentPage.shtml
Immigration FAQHow To Bring A Relative to the United States
If you become a sponsor of a relative to help bring them to live permanently in the United State, you are agreeing to financially support your relative - by law, meaning you are legally responsible. It is accomplished by signing an affidavit of support, which is legally enforceable until your relative becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years.)
Is An Affidavit of Support Required For Everyone?
An affidavit of support, Form I-864, is required for all immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family-based preferences:
First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of legal permanent residents and the unmarried sons and daughters (regardless of age) of legal permanent residents and their minor children.
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children.
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children.
You must also complete an affidavit of support if you are a U.S. citizen or lawful permanent resident and filed an employment-based immigration petition (Form I-140) for a relative or if you have a significant ownership interest (5 percent or more) in a business that filed an employment-based immigrant petition for your relative.
There are some exemptions from the requirement. Self-petitioning widows or widowers or battered spouses and children are exempt from this requirement.
Other types of aliens, including parolees, students, and diversity immigrants are not sponsored using Form I-864. A different affidavit of support (Form I-134) is used for these aliens if an immigration or consular officer requires it.
Are There Any Eligibility Requirements to Act as a Sponsor?
Sponsors must meet the following eligibility requirements
18 years old and older
U.S. citizen or a legal permanent resident
Live in (or be domiciled in) the United States or a territory or possession of the United States. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, so that you still have your domicile in the United States.
Household income is equal to or higher than 125 percent of the United States poverty level for your household size
If the sponsor is on active duty in the Armed Forces of the United States, and the immigrant being sponsored is a spouse or child, the income requirement is reduced to 100 percent of the United States poverty level for your family size.
If you are a United States Citizen you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
Husband or wife;
Unmarried child under 21 years old;
Unmarried son or daughter over 21;
Married son or daughter of any age;
Brother or sister, if you are at least 21 years old; or
Parent, if you are at least 21 years old
If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
Husband or wife; or
Unmarried son or daughter of any age
What are My Responsibilities as a Sponsor?
Sponsors 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. The affidavit of support is legal evidence of your acceptance of that responsibility. 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.
An important thing to keep in mind is that sponsors must repay the cost of any "means-tested public benefits" the sponsored immigrant may have received. The agency that provided the benefit may sue you for repayment, if you do not repay the debt.
Examples of Federal means-tested public benefits include Medicaid, Food Stamps, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), 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.
How Do I File?
The first step is to complete an I-864 Affidavit of Support before your relative schedules an interview for an immigrant visa, or preparing to submit an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States. Joint sponsors must also complete an USCIS Form I-864 at this time. If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864A, Contract between Sponsor and Household Member.
You are required to provide U.S. Federal income tax returns for the 3 most recent tax years as well as proof of current employment. If you were not required to file a tax return in any of these years you must provide an explanation. Failure to provide either tax returns or a satisfactory explanation will delay action on your relative's application for permanent residence and, if not provided, will result in denial of an immigrant visa or adjustment of status.
When you have completed the affidavit of support, compiled the necessary documentation, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, you should provide this packet of information to your relative to submit with his or her application for permanent resident status. If you are given specific instructions to file your affidavit of support directly with the National Visa Center, you should follow those instructions.
I don't have any first hand info but it is from a lawyers website.
To Johne & DRLuver
