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

Asked over 1 year ago - 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)

  1. Al De La Calle

    Contributor Level 10


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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.... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . Not really

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  3. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . 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    Affidavits of Support cannot be withdrawn once accepted by the government.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... more
  4. Gen Kimura

    Contributor Level 18


    Lawyer agrees

    Answered . 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.... more
  5. Alfredo Lozano


    Contributor Level 8

    Answered . 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.

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