QUESTION
My daughter died & know her estranged husband wants me to sponsor him now. He was waiting for interview but claims he has to start over now.
Asked on Jun 13th, 2016 on Immigration - Kansas
More details to this question:
After a year they separated. He didn't live with her and their daughter. He provides financial support for the daughter. He is not to be working but he always has. He lost his drivers license due to bogus social security number, but he drives. He says to sponsor him I do not have to be financially responsible but on paper I've been told I would be. If he was at the end of his process as he says and case was just waiting for an interview call, does he have to start all over because my daughter recently died? If he is breaking the law by working and driving I don't want that responsibility. I moved into my daughter home and am caring for and now raising their 12 year old daughter.
1 ANSWER
Your daughter's husband does not necessarily need to start over. It will depend upon exactly where in the immigration process he was when your daughter passed away. Regardless, he would need a substitute sponsor in order to get his green card. To be his substitute sponsor you will be required to sign an affidavit of support agreeing to reimburse various federal, state, and local governments if he accepts means-tested benefits. Aliens have also used these affidavits of support to sue sponsors for a certain level of support. I would proceed with caution. You can read more about the affidavit of support at http://myattorneyusa.com/sponsoring-for-immigrant-visas-or-adjustment-of-status.
Answered on Jun 13th, 2016 at 2:13 PM