Queens, NY asked in Immigration Law for New York

Q: Do I have to sponsor stepchild as well (I-864)? How risky is it to sponsor an MBA who works at a bank with an I-864?

My Chinese girlfriend is pregnant with our child. We are planning to marry. She wants me to sponsor her with an I-864 so she can stay and raise our child together. The issue is that she has a child from a prior marriage who lives in China. If I sponsor her with the I-864, do I have to sponsor her child as well? I do not want to expose myself to that. Also, practically speaking, what are the chances she or the govt can get money from me based on the I-864? She has an MBA and works at a bank, making slightly more than me. So is it that risky to sign the I-864?

Related Topics:
2 Lawyer Answers
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: If you are not bringing the stepchild to live in the USA then you are not petitioning for that stepchild and do not need to file an I-864 as well. As to the "risks" of sponsoring, you must read the explanation of the obligation you are making that is outlined in the form I-864 itself (pg. 6-7) and make sure you understand what it means. Consult with an experienced attorney if you have any doubts or questions so you can make sure you understand your obligation. Because even though your girlfriend has a good job and degree now, you NEVER know what the future holds and if she ends up relying on government assistance then the government can and likely will come after you for reimbursement. Your girlfriend can also seek spousal support from you (if she needs it) based on the I-864. Do not take this obligation lightly! Best wishes!

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You do not need to sponsor the stepchild, no, unless you claim the child as a dependent.

The I-864 is a contract between you and the federal government that you will provide a certain level of financial support to the sponsored immigrant. If you want her to immigrate through you, you need to complete and file this form.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.