It is a bit of of risk. I looked long and hard at that
eclectic7, on 27 November 2011 - 10:44 AM, said:
Although not quite the same because mine was fiancee visa, just hop with all sincerity that
everything works out completely.
The reason is the nasty little form I-864. Fundamentally by signing this form you are
guaranteeing the U.S. Federal Government that your wife will not become a financial burden on the
the government, and that this "little obligation" lasts until she becomes a U.S. citizen, or she has
10 years of employment credit under the social security system. Even divorce does not disolve
you of this obligation.
One way the government would get you on the hook is the simple example of the two of you divorce,
she can't find work or only part-time work and goes on welfare. The U.S. government, on the basis
of the I-864, goes after you to reimburse any welfare money.
Well, of course, that's just the surface level obligation, and I imagine if you love your wife and feel
its a strong marriage, you don't worry about that too much.
But then consider, if somehow, (heaven's forbid) she got in an accident and was comatose, or
in an accident and incapacitated for a long period of time. The U.S. government would expect you
to reimburse for any care from government supported funds.
Even dicier, is if you have young children. Lets say the child is 5. That means, you are not merely
obligated for the child until age 18 as is typical, but until they have 10 years- of social security credit
work, or become citizens. -- So you might be on the hook for such a child until they are in their
30's.
Finally, although the I-864 is a Federal government form, some states with alimony, use the existence of the
I-864 as an indication of how a divorce judge should proceed in alimony and child support cases.
Not actually writing for you-- as you have already been married for a while, seem to be doing all the paper work
correctly, etc. Just using this as a cautionary tale to anybody planning on doing either a fiancee visa or a marriage visa to
think long and hard about I-864 and its many year's of obligation.
Good luck.
P.S-- although hers was quite a few years ago, and in Russia, not Thailand, highly advise staying at nearby hotel the day of the
embassy appointment. and eat a good breakfast. What is supposed to be a 9 a.m. appointment can actually start 5 hours or so late.
Also, (and again this is just based on Russia and several years ago, but prepare her for the fact that while she is waiting, some girl there
is likely to be denied, and hence is bursting out in tears, which can be quite unsettling.
I imagined that the actual appointment would be at a desk in front of a member of the consulate, in an office, but in fact, the area where they were interviewed was more like a public bus station, with windows for the consul people-- just like you might see at a governent
drivers license facility.
Hope your wife's is more private, but that's they way it was 10 years ago in Moscow.
It is a very tough decision. Two things a bout the paper. I know my wife, and if we ever got a divorce, she would bee line it back to Thailand. She really never wanted to go to the U.S., but is doing it to be with me. I am hoping that we can get ourselves financially set so we can come back to Thailand and retire. Also, it is quite possible that she will make more money than I am in the states.
Also, if you read the back there is option 4 that lets you off the hook...lets just say that snorkeling trip to the Bermudas might come into play
To update the board,
We went to the interview and, of course, I was not even allowed in the interview. Everything is fine except they want more information on my 2010 Taxes. Should be just a few forms they need. My wife is going to drop them off this week.