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Are my wife's parents at legal risk letting me live in their home and co-sponsor me while I'm an illegal immigrant?

San Antonio, TX |

I flew to the US early last year to visit my girlfriend with the intention to return, then we decided to get married. I've overstayed my allowed time on my Canadian passport (ended late last year) and now we're starting to file for the Adjustment of Status (I-485 and the whole package). My wife's parents are considering co-sponsoring with the I-864, but only if it leaves them legally "safe". They don't want to do anything that could put them in any questionable legal standing whatsoever. If I moved into their house after my allowed stay of six months expired, and they co-sponsor me, would they be technically breaking any laws, and what ramifications are associated with that? Thank you very much for your time and response!

Attorney Answers 5

Posted

You may be concerned with 8 USC § 1324 but because you're undergoing the legal process (presumably the I-130 Petition has been approved and you're in the process of AOS), you should be okay.

Alvaro De La Calle Calle Law, PLLC (336) 610-5000 www.AsheboroImmigrationAttorney.com www.GreensboroImmigrationAttorney.com

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4 comments

Asker

Posted

We actually have not started any paperwork yet, including the I-130. Are there other ramifications based on order of filing the paperwork? I've read what you've referenced, but my understanding is that that is concerning illegal activity that (in my case, for example) my wife's parents would be shielding me from; this is not the case, and the only illegal act I've committed is overstayed my visa. Is this incorrect?

Asker

Posted

That is to say, the 8 USC § 1324 would not apply to my situation, if I understand everything correctly.

Al De La Calle

Al De La Calle

Posted

That seems to be correct, hence the "you may be concerned with" line. What I mean is, if you are concerned with it, you should not be.

Asker

Posted

Aha, I understand, grammar misinterpretation. Thank you very much for your information and time!

Posted

Not really

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Affidavits of Support are contracts with the US government wherein the person who signed them agrees to reimbures the Federal government for the costs of certain means tested benefits, if the immigrant requires and is given those benefits. The US government can sue to obtain that reimbursement.

Affidavits of Support cannot be withdrawn once accepted by the government. They remain in effect until one of the following events take place:
1. The person for whom it was filed has legally worked for 40 quarters in the US.
2. The person for whom it was filed becomes a US citizen.
3. The person for whom it was filed permanently leaves the US.
4. The person for whom it was filed dies.
5. The person who submitted the Affidavit of Support dies.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Asker

Posted

Hi, J Ferrari, thanks for your response. I feel I understand Affidavits of Support pretty clearly, my question is more focused on if the co-sponsors would get in trouble for signing said Affidavit of Support because I've overstayed and live in their house.

J Charles Ferrari

J Charles Ferrari

Posted

Not because you have overstayed or live in their house.

Asker

Posted

Thanks very much! I sincerely appreciate it. :)

Posted

The probabilities of USCIS chasing your parents-in-law are very minimal. I have found San Antonio USCIS Officers to be common sense about cases. Improve your case by hiring counsel to help you and attend interview with you and wife.

www.IWantMyGreenCard.com

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Posted

Your wife's parent has to read the I-864 before they sign the form.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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