co-sponsor affadavit of support question..

[fys 0]

urgent help !! please anyone ??

The question :

regarding the I-864 affadavit of support , ( i can't sponsor ), My father wants to be the co-sponsor, but here is his concern , first, my fiancée has had some medical issues in her past, nothing that will deny her from getting the visa or green card , but when she was a baby she had a tumor, it is now benign , and the doctors say most likely will not come back.

My question is very specific, and my father wants to know exactly the answer to this scenario : for example, god forbid , that my fiancée should get sick or her cancer comes back while she is a permanent resident green card , ( before she gets her u.s. citizenship ) , lets say within the first 3 years of her being in the states, lets say that she needs to goto the hospital, a private one , and with treatment, surgery and kimotherapy etc .. the medical bill for the all of these are for example $200,000 dollars, is my father, the co-sponsor responsible for this ?

is my father responsible for paying the medical bills to the hospital ? will they go after him , since he is the co-sponsor ? as well as go after me for the bills ? or will they just go after me and my fiancée ?

We will try to get health insurance so that this will not happen, but it is very probable that we wont be able to get her insurance if she has a pre existing condition , or if we do it will be very expensive, but please for the sake of this question, please , if you could answer with the notion of her NOT having insurance, but under the notion that we will pay out of pocket.

Again, my father just wants to know that if she needs emergency care and treatment in regards to her possible benign cancer , will my father be obligated by law to pay the hospital bills to the hospital she goes to ? because if such things happen, you know that the bills will be in the hundreds of thousands possibly.

My father only cares about this issue, as he knows of my fiance’s medical past , he is perfectly fine with co-sponsoring, but he needs to know the answer to this question.

thank you for your time and patience , and look forward to any answers :-)

[JimVaPhuong 4,863]

Let's get some things clear right off the bat.

First, NOBODY is going to get ANYTHING from the sponsor unless they successfully sue them in court. This includes the US government. There is no "automatic payment" provision in the affidavit of support. The ONLY way to force the sponsor to pay anything based on the affidavit is a civil lawsuit.

Second, the affidavit is contract between the sponsor and the US government. The immigrant is a passive third party in the contract. The sponsor promises the US government that the immigrant will not collect means tested benefits. The sponsor further promises the US government that they will support the immigrant, if necessary, to ensure that they don't collect these benefits, and affirms that the immigrant can sue them, if necessary, to obtain this support. The level of support the sponsor promises to provide is at least 125% of the poverty guidelines. Since the sponsor is only obligated to support the immigrant, and not his/her spouse or dependents, they are promising to maintain them at a minimum of about $13.5K per year. An immigrant working full time at McDonalds would already be earning more than this, and couldn't sue the sponsor for a nickel.

Third, the affidavit does not obligate the sponsor to pay any private debts incurred by the immigrant, nor does it allow the immigrant to sue the sponsor in order to force them to pay those debts. Private debts are the sole responsibility of the immigrant, and the affidavit of support does nothing to change this.

In some states the immigrant may be eligible for a public health program to pay for their treatment, like Medicaid. That program may qualify as a means tested benefit. As long as the treatments do not fall under the classification of "long term care" then the immigrant would not be deemed a "public charge". However, the agency that provides the benefits could sue the sponsor for reimbursement based on the affidavit of support. You are the primary sponsor, so they are going to come after you first. Once they get a judgment against you in a civil court then they'll go after your co-sponsor. If you accept any public health services of this type then you should understand that you may be opening yourself up to a future lawsuit.

[fys 0]

Let's get some things clear right off the bat.

First, NOBODY is going to get ANYTHING from the sponsor unless they successfully sue them in court. This includes the US government. There is no "automatic payment" provision in the affidavit of support. The ONLY way to force the sponsor to pay anything based on the affidavit is a civil lawsuit.

Second, the affidavit is contract between the sponsor and the US government. The immigrant is a passive third party in the contract. The sponsor promises the US government that the immigrant will not collect means tested benefits. The sponsor further promises the US government that they will support the immigrant, if necessary, to ensure that they don't collect these benefits, and affirms that the immigrant can sue them, if necessary, to obtain this support. The level of support the sponsor promises to provide is at least 125% of the poverty guidelines. Since the sponsor is only obligated to support the immigrant, and not his/her spouse or dependents, they are promising to maintain them at a minimum of about $13.5K per year. An immigrant working full time at McDonalds would already be earning more than this, and couldn't sue the sponsor for a nickel.

Third, the affidavit does not obligate the sponsor to pay any private debts incurred by the immigrant, nor does it allow the immigrant to sue the sponsor in order to force them to pay those debts. Private debts are the sole responsibility of the immigrant, and the affidavit of support does nothing to change this.

In some states the immigrant may be eligible for a public health program to pay for their treatment, like Medicaid. That program may qualify as a means tested benefit. As long as the treatments do not fall under the classification of "long term care" then the immigrant would not be deemed a "public charge". However, the agency that provides the benefits could sue the sponsor for reimbursement based on the affidavit of support. You are the primary sponsor, so they are going to come after you first. Once they get a judgment against you in a civil court then they'll go after your co-sponsor. If you accept any public health services of this type then you should understand that you may be opening yourself up to a future lawsuit.

wow , thank you so much for your answer .... so, to be clear, if my soon to be wife were to goto a private hospital, and incurr thousands of dollars in bills, nothing to do with the government, and she gets no assistance whatsoever , "not a public charge" , the private hospital cannot go after the co-sponsor ? the hospital can only go after me ? or the private hospital will go after us both ?? i understand that the contract is between the co-sponsor and the government , and that it means she can not be a "public charge"... but what i am asking is totally different ...

i hope i am making sense.... :-)

thank you JimVaPhuong -

[Rebecca Jo 1,962]

Group coverage through employment generally only places a 12 month period on pre-existing conditions.

[JimVaPhuong 4,863]

wow , thank you so much for your answer .... so, to be clear, if my soon to be wife were to goto a private hospital, and incurr thousands of dollars in bills, nothing to do with the government, and she gets no assistance whatsoever , "not a public charge" , the private hospital cannot go after the co-sponsor ? the hospital can only go after me ? or the private hospital will go after us both ?? i understand that the contract is between the co-sponsor and the government , and that it means she can not be a "public charge"... but what i am asking is totally different ...

i hope i am making sense.... :-)

thank you JimVaPhuong -

We need to make a distinction between "public charge" and "means tested benefits".

An immigrant who becomes or is likely to become a "public charge" can be denied an immigration benefit at the discretion of an immigration officer. They can be denied a visa. They can be denied a green card. They can be denied removal of conditions. Being a public charge is a specific inadmissibility, and becoming inadmissible can even result in an immigrant being deported. An immigrant has a strong interest in NOT becoming a public charge for this reason.

The affidavit of support is a promise that the immigrant will not collect "means tested benefits", and gives the government the right to sue for reimbursement. It's also a promise that the immigrant will be supported at or above 125% of the poverty guidelines. If the immigrant can't support themselves at that level then they can sue the sponsor to get that support.

An immigrant who collects means tested benefits is not automatically deemed a public charge. In order to be deemed a public charge the immigrant has to be primarily dependent on the government for support. A policy memorandum (I think it was in 1999) clarified INS/USCIS position on this. An immigrant can collect temporary non-cash nutrition or health benefits, or temporary cash benefits not intended to supplement income, without being deemed a public charge. USCIS won't deny them an immigration benefit nor deport them for this. HOWEVER, the affidavit of support allows the government to seek reimbursement for these benefits from the sponsor.

It's important to see the distinction between the two. Becoming a public charge can affect an immigrant's status. Collecting means tested benefits can result in a sponsor being sued.

Who a private hospital can go after for collection depends on the laws of the state. They can certainly go after the patient. In many states, they can go after the patient's spouse. Unless a third party signs a financial responsibility agreement with the hospital (the affidavit of support is NOT such an agreement) then the hospital can't go after a third party for collection. No private individual or institution, other than the immigrant, can sue the sponsor based on the affidavit of support.

[fys 0]

We need to make a distinction between "public charge" and "means tested benefits".

An immigrant who becomes or is likely to become a "public charge" can be denied an immigration benefit at the discretion of an immigration officer. They can be denied a visa. They can be denied a green card. They can be denied removal of conditions. Being a public charge is a specific inadmissibility, and becoming inadmissible can even result in an immigrant being deported. An immigrant has a strong interest in NOT becoming a public charge for this reason.

The affidavit of support is a promise that the immigrant will not collect "means tested benefits", and gives the government the right to sue for reimbursement. It's also a promise that the immigrant will be supported at or above 125% of the poverty guidelines. If the immigrant can't support themselves at that level then they can sue the sponsor to get that support.

An immigrant who collects means tested benefits is not automatically deemed a public charge. In order to be deemed a public charge the immigrant has to be primarily dependent on the government for support. A policy memorandum (I think it was in 1999) clarified INS/USCIS position on this. An immigrant can collect temporary non-cash nutrition or health benefits, or temporary cash benefits not intended to supplement income, without being deemed a public charge. USCIS won't deny them an immigration benefit nor deport them for this. HOWEVER, the affidavit of support allows the government to seek reimbursement for these benefits from the sponsor.

It's important to see the distinction between the two. Becoming a public charge can affect an immigrant's status. Collecting means tested benefits can result in a sponsor being sued.

Who a private hospital can go after for collection depends on the laws of the state. They can certainly go after the patient. In many states, they can go after the patient's spouse. Unless a third party signs a financial responsibility agreement with the hospital (the affidavit of support is NOT such an agreement) then the hospital can't go after a third party for collection. No private individual or institution, other than the immigrant, can sue the sponsor based on the affidavit of support.

thank you, you answered my question .. i am clear now.

but also, are you a lawyer, or what is your experience ? how do you know so much ?

[Anh map 2,098]

Hs your father actually read the Sponsor's Contract on pages 6 & 7 of the I-864? If he has questions after doing so then a consultation with his attorney ought to answer any of his questions regarding potential liability.

Jim is spot on with his input. The government would pursue you first and then a co/joint sponsor if a means tested benefit is used. Now your spouse could sue him based on the contract. But that's a narrow window. Cases that I have seen where that was successful involve spousal support.

I suggest that dad get an opinion from his own attorney to allay his worries.

[JimVaPhuong 4,863]

thank you, you answered my question .. i am clear now.

but also, are you a lawyer, or what is your experience ? how do you know so much ?

No, I'm not an attorney. I'm just somewhat obsessive about learning, especially if it's a subject I'm going to get personally involved in. I'm the sort of guy that won't jump into a lake without first studying sonograms of the lake bottom. Deciding to marry a girl from Vietnam got me started, and I haven't stopped since.