Will I be responsible for the medical debt of a permanent resident? 5 Answers as of December 19, 2011
This question is from California, a community property state. My wife is sponsoring her son from the Philippines to be a permanent resident here. Only she (and not I, her husband) signed the affidavit of support. He will be either 20 or 21 when he arrives here and will have to stay here for about 3 months. My question: What if he had to be hospitalized (in a private, not public) hospital. Is my wife liable for the bill, and if she is, I assume I could be held liable too if she can't pay the bill? I would like to purchase him temporary health insurance but this may not be possible. Or would her son be responsible for the bill since he will be over 18 years of age as long as we avoid a public type hospital? Thank you.Free Case Evaluation by a Local Lawyer!
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LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
The affidavit of support is a contract with the U.S. government. The Affiant is assuring that if the beneficiary gets government benefits and does not pay it back when asked to pay it back, that she will be pay it back. In a community property state, it is conceivable if she accrues a liability, you too will be subject to that liability.
Answer Applies to: California
Replied: 12/19/2011
Feldman Feldman & Associates, PC | Lynne Feldman
Insurance would be best and is available. If your wife is the Petitioner and he applies for certain public benefits then the government can request reimbursement from her. Normally you would have been required to sign the Affidavit of Support as well so the government may have erred there.
Answer Applies to: California
Replied: 12/14/2011
World Esquire Law Firm | Aime Katambwe
Your wife's son will be responsible for the bill himself. He is an adult. You do not figure in this inasmuch as you are not a signatory to the affidavit of support. What moneys your wife choses to pay the bill with in helping her son out will need to be discussed between the 2 of you if you commingle your funds. However, immigration wise, I don't see liability for you in this. Good luck!
Answer Applies to: California
Replied: 12/13/2011
Fragomen, DelRey,Bernsen,& Loewy, LLP | David Hirson
The provisions creating responsibility for payment pursuant to the affidavit of support are not impacted by the age or marriage status of the person guaranteed. Suggestion: obtain medical coverage in the US as soon as possible and that failing, obtain short term travel insurance in the home country.
Answer Applies to: California
Replied: 12/9/2011
Law Office of Christine Troy | Christine Troy
My understanding of the I-864 is that only the person signing is responsible. Financial obligations are for federal or state means tested benefits. Under state law, if you are married however, then under state law you may be held liable for debts made after marriage. I am unsure if the I-864 debt is exempted from that.
Answer Applies to: California
Replied: 12/9/2011
