Co-sponsor questions

[icee 0]

Tomorrow we are going to be talking to a potential co-sponsor about what is all involved with being a co-sponsor for affidavit of support. We know the basic responsibilities of being responsible for at least 10 years and that they need to make 125% over poverty, but we want to know what other responsibilities and risks there are of being a co-sponsor. We want them to be aware of what is involved but at the same time we don't want to discourage them from being a co-sponsor. So, we wanted to ask you what issues you would suggest to talk with them about, to help them realize what is all involved. We read that I (petitioner) can release our co-sponsor from their responsibilities if and when I reach 125% above poverty level, so we were wondering if there are more other ways we could release the co-sponsor from his/her responsibility less than in 10 years? We'd appreciate any suggestions you may have. Thank you

[Indy90 21]

Tomorrow we are going to be talking to a potential co-sponsor about what is all involved with being a co-sponsor for affidavit of support. We know the basic responsibilities of being responsible for at least 10 years and that they need to make 125% over poverty, but we want to know what other responsibilities and risks there are of being a co-sponsor. We want them to be aware of what is involved but at the same time we don't want to discourage them from being a co-sponsor. So, we wanted to ask you what issues you would suggest to talk with them about, to help them realize what is all involved. We read that I (petitioner) can release our co-sponsor from their responsibilities if and when I reach 125% above poverty level, so we were wondering if there are more other ways we could release the co-sponsor from his/her responsibility less than in 10 years? We'd appreciate any suggestions you may have. Thank you

Really, you can release co-sponsors after reaching 125 percent? I had not heard that one. In reality, co sponsors can be released much earlier, as soon as your future spouse becomes a citizen. Someone is eligible for citizenship after 3 years as a permanent resident married to a USC.

[icee 0]

well, under "when will these obligations end?" part it says:

Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required.

we figure that means the petitioner could apply for a new affidavit of support when petitioner reaches the poverty level.

[NigeriaorBust 4,087]

well, under "when will these obligations end?" part it says:

Becomes subject to removal, but applies for and obtains in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required.

we figure that means the petitioner could apply for a new affidavit of support when petitioner reaches the poverty level.

The subject to removal part of that means that you are in the process of being deported. Not a state you want your spouse in just so you can submit a new affidavit of support. At least not in my mind

[icee 0]

thank you! so, what are there ways to release the co-sponsor from his/her responsibility other than 1-becoming a U.S. citizen, 2- 40 quarters of coverage under the SS Act, and 3-no longer lawful permanent resident, and death?

[Indy90 21]

thank you! so, what are there ways to release the co-sponsor from his/her responsibility other than 1-becoming a U.S. citizen, 2- 40 quarters of coverage under the SS Act, and 3-no longer lawful permanent resident, and death?

There really aren't any; just make sure that your spouse becomes a US citizen in 3 years. However, the truth is that it is doubtful that government would ever go after the co sponsor. First of all, you would be the first person liable, so they would go after you before the co-sponsor. Second of all, there are relatively few things that are eligible-means tested benefits such as food stamps. Emergency medical procedures would not be liable. Besides, your spouse would not be eligible to even apply for many of these mean tested benefits for quite a while-5 years I think, by which time they are eligible to apply for citizenship even if you guys have divorced. Third of all, states provide means tested benefits while the I 864 that you sign is with the federal government. Obviously the fact that the I 864 is not with your state government does not release you from responsibility, but what it does show is that the method by which a sponsor would get held responsible is a bit dubious. I am sure there are cases where it does happen, but they are relatively few. The USCIS field manual provides for some interesting reading on the subject because it explains some of the interesting challenges surrounding enforcement of the I 864.

In summary, is there any danger that your co sponsor could end up paying something? Yes. How likely is it? very very improbable. Remember that things like credit cards, etc. would never have to be paid by a joint sponsor because the I 864 is only for government benefits, not for private liabilities.

[icee 0]

thank you so much Indi90! We appreciate your reply! this helps a lot. I was also wondering though, in what cases co-sponsor might end up paying for. Like in emergency situations or accidents? We just want to think of any questions/concerns they might have that we want to have answers for them. again, thank you for taking time and answering! this is such a helpful site!

[Indy90 21]

thank you so much Indi90! We appreciate your reply! this helps a lot. I was also wondering though, in what cases co-sponsor might end up paying for. Like in emergency situations or accidents? We just want to think of any questions/concerns they might have that we want to have answers for them. again, thank you for taking time and answering! this is such a helpful site!

Page 17 and 18 provide a lot of detail into what is covered and what is not. http://www.uscis.gov/files/form/i-864.pdf

Emergency medicaid is not covered in the affidavit of support, meaning that the sponsor will not be held responsible for any use of emergency medicaid (I believe that pregnancy, for example, falls under emergency medicaid). Since the I 864 only covers items paid for by the government, any use of the private hospital will generally not require payment by the sponsor, unless non-emergency medicaid is used by the immigrant to pay for the hospital bill (which would be very likely to occur).

The only way that a sponsor can be forced to reimburse the state for the use of certain means tested benefits, like food stamps, is if the state decides to sue for what it is owed. Again, I do not believe that this is likely. I have been trying to find information about how often this occurs, and have found that there is very little information.

The other thing that you should be aware of is that the sponsor is promising to maintain the immigrant at 125 percent of the poverty line (or higher). The state will never bother with this, so you will not be sued by the state because you are not maintaining your spouse at 125 percent. Where this could come into play is if your spouse decides to sue you for whatever reason...this is most common in divorce proceedings.

Once again, it does not appear that the I 864 is likely to cause the sponsor to pay anything, but it theoretically is possible and probably does occur. As the main sponsor, they would go after you first, so you would be the first to pay.

One thing that you need to research is just what type of benefits your spouse could even apply for...I do believe that your spouse could even apply for food stamps, for example, until having been a permanent resident for 5 years, by which time your spouse should be a citizen.

[Leigh Ann 8]

Once again, it does not appear that the I 864 is likely to cause the sponsor to pay anything, but it theoretically is possible and probably does occur. As the main sponsor, they would go after you first, so you would be the first to pay.

You're totally right about how infrequently this happens and that it's very rare that it would happen, but if there is a joint sponsor, I believe that both the primary sponsor and the joint sponsor are jointly & severally liable - meaning that the gov't would sue all the sponsors together.

[Indy90 21]

You're totally right about how infrequently this happens and that it's very rare that it would happen, but if there is a joint sponsor, I believe that both the primary sponsor and the joint sponsor are jointly & severally liable - meaning that the gov't would sue all the sponsors together.

You may be right. I had thought that I understood the I 864, but the more you dig, the more confusing that it seems to get. I know in the field manual that the USCIS gives its officers, it says that recovery of eligible means tested benefits is generally up to the individual states, because states generally supply the benefits. I know that I have frequently read on vj that the primary sponsor is the first one liable, but that very well could be and probably is wrong. Do not believe what you read here without researching yourself. I imagine that policy somewhat differs state by state, and it would be a good idea to contact DHS in whatever state you live in for more detail.

This link provides more detail, but in some ways makes things more confusing http://travel.state.gov/visa/immigrants/info/info_3183.html

[Leigh Ann 8]

You may be right. I had thought that I understood the I 864, but the more you dig, the more confusing that it seems to get. I know in the field manual that the USCIS gives its officers, it says that recovery of eligible means tested benefits is generally up to the individual states, because states generally supply the benefits. I know that I have frequently read on vj that the primary sponsor is the first one liable, but that very well could be and probably is wrong. Do not believe what you read here without researching yourself. I imagine that policy somewhat differs state by state, and it would be a good idea to contact DHS in whatever state you live in for more detail.

This link provides more detail, but in some ways makes things more confusing http://travel.state.gov/visa/immigrants/info/info_3183.html

I think it happens so infrequently that no one really knows. I mean, the likelihood of it happening at all is extremely minute so I doubt anyone knows from actual experience. I'm certainly not hoping to find out!