Co-Sponsor Question

[SophWeb 25]

Good evening, all. I have a problem in regards to co-sponsorship.

My fiance and I have asked his father to become our co-sponsor and he is a little concerned about what that entails. I have explained to him the visa process and why we need a co-sponsor (Martin currently makes just below the poverty line because he only recently graduated from college - we expect him to make well over the line within the next two years), however he is still concerned about his obligations.

From my understanding, if Martin and I were to ever need government financial aid, then his father's income would be taken into account. If we were to ever claim to need welfare etc (hypothetically speaking), then we would be committing fraud because his father makes above the poverty line.

I have explained to him that I will be bringing plenty of money with me when I come over, and my own parents have pledged their financial support. I've told him that he will never have to actually give us any money, and the co-sponsor is more of a paperwork issue in our situation, because my own finances cannot be counted for the visa. I think he is concerned that if, several years down the track, we were to run into financial issues, then he would be liable. I have reassured him that this would not happy, and my parents in Australia would happily help support Martin and I if this were to ever happen, god forbid. I would like to ease his worries by giving him a date in which he ceases to be 'officially' financially responsible for us.

So, does anyone know at what point the co-sponsorship stops? When does his income cease to be applied to us? Is it when I receive my greencard and/or citizenship?

Thank you for any responses!

[SMR 368]

Good evening, all. I have a problem in regards to co-sponsorship.

My fiance and I have asked his father to become our co-sponsor and he is a little concerned about what that entails. I have explained to him the visa process and why we need a co-sponsor (Martin currently makes just below the poverty line because he only recently graduated from college - we expect him to make well over the line within the next two years), however he is still concerned about his obligations.

From my understanding, if Martin and I were to ever need government financial aid, then his father's income would be taken into account. If we were to ever claim to need welfare etc (hypothetically speaking), then we would be committing fraud because his father makes above the poverty line.

I have explained to him that I will be bringing plenty of money with me when I come over, and my own parents have pledged their financial support. I've told him that he will never have to actually give us any money, and the co-sponsor is more of a paperwork issue in our situation, because my own finances cannot be counted for the visa. I think he is concerned that if, several years down the track, we were to run into financial issues, then he would be liable. I have reassured him that this would not happy, and my parents in Australia would happily help support Martin and I if this were to ever happen, god forbid. I would like to ease his worries by giving him a date in which he ceases to be 'officially' financially responsible for us.

So, does anyone know at what point the co-sponsorship stops? When does his income cease to be applied to us? Is it when I receive my greencard and/or citizenship?

Thank you for any responses!

To answer your question, co-sponsorship stops when you become a citizen, can be credited with 40 quarters of work (10 years working in the US, the counting system is complicated), abandon permanent residency, or die. Make sure you don't under-represent this obligation to him. It really is a serious thing. For example, it doesn't end if your marriage ends.

I understand the situation where you don't think it will ever come up. My advice is that you try to convince him of the reliability of the many safeguards that are in place to prevent his support from being necessary, since you don't really want to downplay the seriousness of the contract.

[Otto 83]

Take a quick read through this thread...

http://www.visajourney.com/forums/index.php?showtopic=216156

(It got a bit heated but there is some very good explanations in there - pushbrk's comments are worth the read)

Edited September 15, 2009 by Otto und Karin

[SophWeb 25]

To answer your question, co-sponsorship stops when you become a citizen, can be credited with 40 quarters of work (10 years working in the US, the counting system is complicated), abandon permanent residency, or die. Make sure you don't under-represent this obligation to him. It really is a serious thing. For example, it doesn't end if your marriage ends.

I understand the situation where you don't think it will ever come up. My advice is that you try to convince him of the reliability of the many safeguards that are in place to prevent his support from being necessary, since you don't really want to downplay the seriousness of the contract.

I agree - I certainly don't want him to sign this document without a complete understanding of the obligations. I don't to swindle him into any form responsibility. And I do understand that is a serious thing to become a co-sponsor.

I suppose I'm just concerned that the form would 'scare him off' becoming a co-sponsor. He is getting a lawyer friend of his to look the form over before he signs it, but since this lawyer is not well-versed in immigration, I'm worried that my future father-in-law won't fully understand how the visa process works. Thus, I've tried to give him as much information as I've been able to gather. I think these forums here possess a wealth of knowledge - much more than an in-experienced lawyer

Thank you for answering my question. I do intend to become a citizenship asap, so hopefully that will ease his concerns. I believe you only have to wait three years to apply for citizenship if you are a permanent resident and married to a USC? If I can give him that time frame, I think he will be more comfortable with supporting us.

Take a quick read through this thread...

http://www.visajourney.com/forums/index.php?showtopic=216156

(It got a bit heated but there is some very good explanations in there - pushbrk's comments are worth the read)

Thank you! I'm reading through it right now

[SophWeb 25]

ADDITIONAL QUESTION-

I was just speaking to Martin about yall's replies, and he brought up financial aid for school. I completed half my degree in Texas when I used to live there, and when I return, I would like to finish it. Martin wondered whether or not I could receive financial aid. When he was in College, he was able to get financial aid in the form of reduced debt, low/no interest etc. These were calculated based on his father's income.

A friend of ours got married halfway through completing their degree and after marriage, he was able to apply for a ton more financial aid. This was because they he was no longer legally dependent on their parents, and the couple's income (on their own) was obviously significantly less than their parents. My first instinct would be that even though I would be married, they would still factor in my father-in-law's income, due to the contract he signed and the stipulations on my visa. However, I do wonder if financial aid for school counts as being a 'public charge', in the eyes of the government? It's not technically welfare. Plus, Martin was able to receive aid based on his father's income, so does that mean I too could receive it, so long as his father's income was factored in?

[baron555 934]

However, I do wonder if financial aid for school counts as being a 'public charge', in the eyes of the government?

No, those are two totally separate things. Financial aid is a good thing.

[Stephen + Elisha 92]

ADDITIONAL QUESTION-

I was just speaking to Martin about yall's replies, and he brought up financial aid for school. I completed half my degree in Texas when I used to live there, and when I return, I would like to finish it. Martin wondered whether or not I could receive financial aid. When he was in College, he was able to get financial aid in the form of reduced debt, low/no interest etc. These were calculated based on his father's income.

A friend of ours got married halfway through completing their degree and after marriage, he was able to apply for a ton more financial aid. This was because they he was no longer legally dependent on their parents, and the couple's income (on their own) was obviously significantly less than their parents. My first instinct would be that even though I would be married, they would still factor in my father-in-law's income, due to the contract he signed and the stipulations on my visa. However, I do wonder if financial aid for school counts as being a 'public charge', in the eyes of the government? It's not technically welfare. Plus, Martin was able to receive aid based on his father's income, so does that mean I too could receive it, so long as his father's income was factored in?

You will be eligible for federal student financial aid when you receive your green card. Each state has its own policy for state aid; some follow the federal rules, while others require a year of residency in-state after the green card.

Gary has some specific experience on this point, perhaps he can chime in.