Please clarify: how long does co-sponsor agree to support?

[ECWilloughbys 7]

Hi, I know I've read more than one post about this in the past, but searching the forums isn't turning up what I need to know. My father is agreeing to co-sponsor, but he had some questions about how long he's legally bound to support my fiance, even if (god forbid) we divorce? I think I remember reading that he (and I) is obligated to keep him from being a public charge for as long as he's in the US, regardless of whether or not we're married, but could someone point me to a link or explanation that I could show him?

Thanks in advance.

[sciencenerd 56]

Hi, I know I've read more than one post about this in the past, but searching the forums isn't turning up what I need to know. My father is agreeing to co-sponsor, but he had some questions about how long he's legally bound to support my fiance, even if (god forbid) we divorce? I think I remember reading that he (and I) is obligated to keep him from being a public charge for as long as he's in the US, regardless of whether or not we're married, but could someone point me to a link or explanation that I could show him?

Thanks in advance.

You're responsible until your fiance becomes a US citizen, ceases to be a PR (moves back to country of origin), works for 10 years, or dies. Here's the info you want: http://www.***removed***/affidavit-of-support/sponsor-responsibilities-obligations.html

[ECWilloughbys 7]

You're responsible until your fiance becomes a US citizen, ceases to be a PR (moves back to country of origin), works for 10 years, or dies. Here's the info you want: http://www.***removed***/affidavit-of-support/sponsor-responsibilities-obligations.html

Thank you so much, this is exactly what I needed!

[Brother Hesekiel 2,236]

The caveat is that if he doesn't work (officially) or doesn't claim enough income to accumulate the 40 units needed for SS benefits, the co-sponsor can be on the hook for many decades to come, perhaps until the immigrant dies of old age.

It's not very likely, but possible nonetheless.

[ECWilloughbys 7]

The caveat is that if he doesn't work (officially) or doesn't claim enough income to accumulate the 40 units needed for SS benefits, the co-sponsor can be on the hook for many decades to come, perhaps until the immigrant dies of old age.

It's not very likely, but possible nonetheless.

What my father's main concern was, would my fiance's debts become his debts somehow? His exact words were, "What if someone scammed him somehow, and he owed a lot of money that he didn't have? Would I then be responsible for his debts?" My dad is in a good financial position to sponsor, and he likes and trusts my fiance, but he's worried about some unforeseen situation that would somehow tap his retirement or savings.

[ECWilloughbys 7]

The caveat is that if he doesn't work (officially) or doesn't claim enough income to accumulate the 40 units needed for SS benefits, the co-sponsor can be on the hook for many decades to come, perhaps until the immigrant dies of old age.

It's not very likely, but possible nonetheless.

What my father's main concern was, could my fiance's debts become his debts somehow? His exact words were, "What if someone scammed him somehow, and he owed a lot of money that he didn't have? Would I then be responsible for his debts?" My dad is in a good financial position to sponsor, and he likes and trusts my fiance, but he's worried about some unforeseen situation that would somehow tap his retirement or savings.

[JimVaPhuong 4,863]

What my father's main concern was, could my fiance's debts become his debts somehow? His exact words were, "What if someone scammed him somehow, and he owed a lot of money that he didn't have? Would I then be responsible for his debts?" My dad is in a good financial position to sponsor, and he likes and trusts my fiance, but he's worried about some unforeseen situation that would somehow tap his retirement or savings.

Presuming your income won't qualify you to sponsor for either the visa or the AOS, there are two affidavits your father will need to sign. The I-134 will be submitted at the consulate interview. The I-864 will be submitted with the AOS application.

The I-134 is little more than a cover letter for his tax return and proof of legal status. The contract on the I-134 is not legally binding. It was written by a bureaucrat and not a lawyer.

The I-864 is legally binding. The obligations it imposes, and the consequences that could result, are spelled out in the contract section of the form. The sponsor is obligated to ensure that the immigrant is supported at a minimum of 125% of the poverty guidelines. If the immigrant collects means tested benefits from a government agency then the government can sue the sponsor for reimbursement. If the immigrant is not being supported at the required level then the immigrant can sue the sponsor for support.

The first thing to keep in mind - only a judge can order the sponsor to pay anything on the basis of the affidavit. Nobody is going to get any money from the sponsor until they have successfully sued him in court. The risk of the government suing the sponsor is real - if the immigrant collects means tested benefits, then the government is probably going to seek reimbursement. Bear in mind that the immigrant isn't even eligible for most means tested benefits until they've been an LPR for five years. The risk of being sued by the immigrant for support is relatively low for the primary sponsor, and practically nil for a co-sponsor. The immigrant may seek payment from the primary sponsor in family court, but family courts in many states won't use the affidavit of support as a basis for ordering support because there is no provision for it in the state's family code. They already have a formula they use to determine support in a divorce. Suing a co-sponsor would have to be done in a civil court, and civil courts in many states won't allow a petitioner to sue on the basis of a contract that they were not a party to - remember that the immigrant doesn't sign the affidavit of support - it's a contract between the sponsor and the US government. Many civil courts would require the immigrant to get the US government to sue on their behalf, and the US government isn't going to do this unless the immigrant is collecting means tested benefits.

This is not like co-signing a bank loan or credit card. The sponsor never becomes obligated to pay the immigrant's debts.

[ECWilloughbys 7]

Presuming your income won't qualify you to sponsor for either the visa or the AOS, there are two affidavits your father will need to sign. The I-134 will be submitted at the consulate interview. The I-864 will be submitted with the AOS application.

The I-134 is little more than a cover letter for his tax return and proof of legal status. The contract on the I-134 is not legally binding. It was written by a bureaucrat and not a lawyer.

The I-864 is legally binding. The obligations it imposes, and the consequences that could result, are spelled out in the contract section of the form. The sponsor is obligated to ensure that the immigrant is supported at a minimum of 125% of the poverty guidelines. If the immigrant collects means tested benefits from a government agency then the government can sue the sponsor for reimbursement. If the immigrant is not being supported at the required level then the immigrant can sue the sponsor for support.

The first thing to keep in mind - only a judge can order the sponsor to pay anything on the basis of the affidavit. Nobody is going to get any money from the sponsor until they have successfully sued him in court. The risk of the government suing the sponsor is real - if the immigrant collects means tested benefits, then the government is probably going to seek reimbursement. Bear in mind that the immigrant isn't even eligible for most means tested benefits until they've been an LPR for five years. The risk of being sued by the immigrant for support is relatively low for the primary sponsor, and practically nil for a co-sponsor. The immigrant may seek payment from the primary sponsor in family court, but family courts in many states won't use the affidavit of support as a basis for ordering support because there is no provision for it in the state's family code. They already have a formula they use to determine support in a divorce. Suing a co-sponsor would have to be done in a civil court, and civil courts in many states won't allow a petitioner to sue on the basis of a contract that they were not a party to - remember that the immigrant doesn't sign the affidavit of support - it's a contract between the sponsor and the US government. Many civil courts would require the immigrant to get the US government to sue on their behalf, and the US government isn't going to do this unless the immigrant is collecting means tested benefits.

This is not like co-signing a bank loan or credit card. The sponsor never becomes obligated to pay the immigrant's debts.

Thank you SO MUCH for this, Jim. I've forwarded it along to my dad.