[Reluctant]

My husband's sister married a self-employed man who had resided in the States for about 6 years illegally. He had three or four previous marriages, all short term, no children, no sponsorship.

He and my husband's sister have been married now for about two years and have one child. She is a full-time stay-at-home mom; he has a furniture business with a partner (same business he has owned during those previous 6 years).

In pursuing his Green Card, USCIS discovered that he did not present himself for the Special Registration. After two appearances before an immigration judge, one of which was "closed door", his attorney seems to have straightened this out.

Now the problem is that either he did not report enough income to the IRS or he does not make enough to meet the 125% of Federal Poverty Guidelines ($22,000 for 3 persons) to support his own Affidavit of Support. (And they live in California... how can anyone live, except in their car, on less than $22,000 a year in California?? )

My sister-in-law has asked my husband to file an I-864 on behalf of her husband. I am strongly disinclined toward this idea, but my husband seems determined.

1. Because my husband and I file a joint return (Texas, a community property state), would my husband and I both have to sign the I-864? Or just him? (I am also a SAHM.)

2. What is your opinion of getting involved with someone who has possibly under-reported his taxes?

3. What is your opinion of getting involved with someone who ignored a federal order to appear for Special Registration?

4. Any other benefits / problems you see in this situation?

Thank you for your help and advice!

[lawanwadee]

It's her responsibility to sponsor her spouse, so it doesn't matter if he has millions or he has nothing. USCIS considers US citizen's financials, not the beneficiary's.

1. If your husband decided to be a joint sponsor for this man, only his signature is required but this is also a binding between you and your husband.

2. Aliens can report income taxes by obtaining ITIN. He will face a series of tough questions at the interview as this can be interpreted as crime of morpitude, which could hurt him.

3. If I were your husband, I would tell her to stay away from this person long time ago.. when you get involved with illegal immigrants who violate the laws, you're likely to end up paying large sum of money for bail bond, fines, attorney's fees, etc.

4. What you and your husband should know is once you signed I-864, your responsibility will end when...

The beneficiary has worked and pay fica tax for 40 quarters, or
There beneficiary has naturalized, become US citizen, or
The beneficiary permanently returned to his/her home country...

Most important, if the beneficiary takes welfare from the state or any government agencies, the government will come after you and your husband for that sum..

[Reluctant]

Thank you for your response, Lawanwadee.

<<It's her responsibility to sponsor her spouse, so it doesn't matter if he has millions or he has nothing. USCIS considers US citizen's financials, not the beneficiary's.>>

Actually, USCIS will consider a beneficiary's financials, particularly if the beneficiary is married and supporting the citizen spouse.

I don't quite understand what you meant by "morpitude" -- do you mean, "moral turpitude"?

Thanks for the heads up about us being potentially liable for any public assistance they may receive.

Anyone else have any comments?