New York Daily News

Friends not liable for medical bills

- ALLAN WERNICK

Q: A friend is getting married to a U.S. citizen. Since his future wife has no work history, he wants me to sign an affidavit of support for him. If I sign the affidavit, could a hospital hold me responsibl­e for emergency medical bills? My friend came here on a tourist visa. His future wife is still in college with no income. So, he wants me to sign U.S. Citizenshi­p and Immigratio­n Services form I-864, Affidavit of Support, so he can get his green card. Suppose he gets into a car accident and faces a large hospital bill that his insurance won't cover. Can the hospital come after me to pay the bills?

Name Withheld, Queens A: No. Though you might be liable for certain types of means-tested benefits, emergency Medicaid is excluded.

If your friend submits an affidavit of support with your signature, he might be able to get a court to order you to support him. And, a local, state or federal govern- ment agency could seek reimbursem­ent for certain means-tested benefits. That is, benefits available only to individual­s who can prove financial need. Your responsibi­lities continue until your friend becomes a U.S. citizen, gives up his permanent residence by leaving the U.S., has earned or been credited with 40 qualifying quarters under Social Security Act (10 years) or dies.

Certain benefits are exempt including emergency medical care; short term, noncash in-kind emergency disaster relief, Food Stamps, Supplement­al Nutrition Program for Women, Infants, and Children ( WIC) and Medicaid among others. Q: I read that the U.S. consulate in the Philippine­s is issuing Fiancé(e) visas to same-sex couples. Can you explain the process? I am living in the Philippine­s and with my 4-year-old daughter. I am married, but I have been separated for two years. My girlfriend is a U.S. citizen living in Connecticu­t.

Name Withheld, Philippine­s A: You might be able to get a Fiancé(e) visa, but first you must get divorced or otherwise legally terminated. I know that getting a marriage terminated in the Philippine­s can be difficult. You may need to get divorced in another country. If you qualify for a Fiancé(e) visa, your daughter can accompany you to the U.S.

The U.S. government now recognizes same-sex relationsh­ips for all purposes including for Fiancé(e) and immigrant visas. As a U.S. citizen, your girlfriend can petition for you to get a Fiancé(e) visa, but only if you are free to marry her once you get to the U.S.

If you marriage is terminated, the next step is for your U.S. citizen girlfriend to file form I-129F, Petition for Alien Fiancé(e) with proof that she had a face-to-face meeting with you in the two years prior to the petition filing. USCIS will exempt a couple from this meeting if traveling abroad is unusually difficult for the U.S. citizen, for instance, because the U.S. citizen can’t travel for health reasons. The USCIS can also exempt a couple from the meeting requiremen­t if meeting before the wedding would violate the couple’s customs, religion or culture.

Since you are now in an opposite-sex marriage, your girlfriend should take extra care to prove that your relationsh­ip is genuine when she files the petition. But with enough proof, USCIS should approve the petition. She files with USCIS in the U.S. You may intend to live in a state that does not recognize same-sex marriage if you explain that you have an intention to marry in a state that does.

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