Co-sponsor for interview

[brandnew 0]

Hello everyone, I just had a question about getting a co-sponsor for the interview. What exactly are they legally responsible for if they sign. Is this a promise that they won't let the beneficiary become a public charge, or is this a legally binding contract that holds them completely responsible for the next 10 years?

I want to ask my cousin to co sign me just to be safe because I have only just started making above the minimum requirements, and want to be able to tell him exactly what he is getting into, and exactly what legal obligations this will incur. thanks!

[mrs.jayb 0]

Both. It is a legally binding contract that only ends after 40 quarters of working, and/or the beneficiary becomes a US citizen or dies. The cosponsor can be sued by any government or state agency for the amount in which the beneficiary uses, this does not include the fees and penalties that could be applied. The whole "deal" is written on the instructions of the I-864 and the application itself. They make it seem like a really big deal, however, I don't know if that's the case.

[KayDeeCee 4,893]

Hello everyone, I just had a question about getting a co-sponsor for the interview. What exactly are they legally responsible for if they sign. Is this a promise that they won't let the beneficiary become a public charge, or is this a legally binding contract that holds them completely responsible for the next 10 years?

I want to ask my cousin to co sign me just to be safe because I have only just started making above the minimum requirements, and want to be able to tell him exactly what he is getting into, and exactly what legal obligations this will incur. thanks!

Yes, he will be signing that he will be responsible if your fiancee becomes a public charge. The I-134 that is used for the K-1 visa interview is not a binding contract though. The I-864 that will be used for AOS after you are married is the one that is legally binding. It will replace the I-134. The I-864 contract can only be broken if you die, the spouse dies, they abandon their green card and leave the US, the spouse becomes a US citizen, or they have worked for 40 quarters in the US (equal to about 10 years).

[jkelly07 120]

thats right if you sign the 1-864 affidavit of support, your on the hook, your responsible for that person, for a public charge, if that person goe's on welfare from the state or goverment, or social security hospital medical bills, housing section 8, the us goverment will come after you to pay the charges,the 1-864 is a bonding contrect that person has to work 40 quarters social security or become a us.citizen or return back to your country or die,even if you get divorced.

[brandnew 0]

okay, so the 134 is not legally binding, and basically just a promise that they will support my fiance, and he will not be legally responsible to pay anything back in the most unlikely scenario that something happened.

The 864, is a legally binding contract.

I'm not expecting any problems, I just wanted to be able to tell my cousin exactly what it is he is signing. thanks for the replies!

Edit: i guess i didnt make it clear, but yea in my first post i was referring to the first k1 visa interview not the official aos that we have to do down the road, but now i know all the information for both so thanks again!

Edited January 10, 2012 by brandnew

[KayDeeCee 4,893]

okay, so the 134 is not legally binding, and basically just a promise that they will support my fiance, and he will not be legally responsible to pay anything back in the most unlikely scenario that something happened.

The 864, is a legally binding contract.

I'm not expecting any problems, I just wanted to be able to tell my cousin exactly what it is he is signing. thanks for the replies!

Edit: i guess i didnt make it clear, but yea in my first post i was referring to the first k1 visa interview not the official aos that we have to do down the road, but now i know all the information for both so thanks again!

He would be obligated to pay back the government if your fiance(e) was to become a public charge. This is highly unlikely because the beneficiary will not be eligible to receive public assistance, they would come after you for the money first since you are the primary sponsor, and the I-134 is not a binding contract so they would have problems using it to enforce the co-sponsor to pay through the court system. Also, he will be off the hook as soon as the AOS and the I-864 have been accepted and approved. The I-864 will replace the I-134 and it is a legal contract that is enforceable in court. If he will not be signing the I-864 later as a co-sponsor as well, then I think the chances of him having to pay out anything are about next to nil. However, you should tell him straight up what he is signing and that there is a slim, albeit unlikely, chance that he could end up being responsible. If he is going to also co-sponsor when the beneficiary applies for AOS, then he needs to read the I-864 and its instructions carefully to know what he is signing up for.