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I-864 Affidavit of Support Liability

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  • 04-24-2010, 06:37 PM
    Arejay
    I-864 Affidavit of Support Liability
    My stepdaughter has recently married her undocumented boyfriend. The primary reason for getting married was to help him gain US citizenship. They have a child together and our grandson was just discharged from 4 days in a children’s hospital due to a finger infection. My step-daughter has also been receiving food stamps for some time now. They are asking me to sponsor him by completing an I-864 Affidavit of Support. I have some strong reservations but my wife is pressuring me to comply. Medi-Cal and food stamps are clearly means tested assistance. However; my wife claims I don’t need to worry about being held responsible for our grandchild’s medical bills because the father’s name is not on the Medi-Cal paperwork. But what happens if the government puts 2 and 2 together and discovers his son is a Medi-Cal recipient? The step-daughter concedes she “may” have to give up the food stamps. I love the kids and would help them if I could; but I believe completing the I-864 would make me liable for my grandson’s medical bills as well as being liable for the value of the food stamps my stepdaughter is receiving. We live in the state of California, who is correct; the wife or me?
  • 04-24-2010, 06:46 PM
    LawResearcherMissy
    Re: I-864 Affidavit of Support Liability
    Quote:

    My stepdaughter has recently married her undocumented boyfriend. The primary reason for getting married was to help him gain US citizenship.
    Before we go any further, how did he arrive here?

    Did he arrive legally (say, on a tourist visa), and simply overstay?

    Or did he enter illegally?

    If the latter, your entire question is moot. He cannot change his status via marriage, as he has no status to change. Green card and citizenship are right out until he goes back to his country of origin and waits for a proper visa.

    If the former, then you need to speak with an attorney, because if the child's father is here in the US, but not on the MediCal paperwork, the state could make a pretty good case for fraud against your step-daughter.
  • 04-24-2010, 08:57 PM
    Arejay
    Re: I-864 Affidavit of Support Liability
    He was brought here by his family as a child and overstayed his visa.
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