What is a co-sponsor getting into with the I-864?

[AstridColeslaw 0]

So I've combed the boards (this place is amazing! Can't believe I didn't find you all sooner!) and followed your guides and advice and had a successful filing of our I-130 with the Frankfurt office. Now onto the next step. Everything seems totally do-able except for this pesky Affidavit of Support.

Since I've been here living and working two years I don't have a job at home or enough savings to satisfy the income requirements. I am hoping to return with my husband in Feb 2012 to the US and stay with family while I wait out responses from grad schools. With grad school loans and an able-bodied, English speaking and very charming German husband we won't have a problem supporting ourselves (I will be pretty much guaranteed a job after I graduate as well) but I understand I'll still need a co-sponsor to get him his visa to get over here. My parents will probably do it, even though I really hate to ask them to.

My question is, what would they be getting into by being his sponsor? How long is this obligation? When I have a steady income can I take over as the sole sponsor or will they be signing a long-term commitment? What exactly does it mean for them? From what I read it would be ten years of working before they would be free of this contract. That seems like an awfully long time.

I know that it means that hubs will be ineligible for public assistance, and I don't forsee us ever using it, but I'm thinking emergency scenarios. Recently, I have had several friends finding themselves collecting food stamps and unemployment to get them through short periods of time. Since we are married, does that mean that I am ineligible for the next decade too? Also, I have always used low-cost clinics for my health care including a CA state program that allows me free birth control. I have the most benign of pre-existing conditions and have never been able to get insurance (not in the US at least. My German insurance is to DIE for). What if we were unable to get affordable insurance? Does this mean my parents would be responsible for the both of us? I would hate to have them owe us that, being that I'm nearly 30.

I know I'm probably over-thinking things but I like to make sure I know what I'm signing them up for.

I had read in another thread that co-sponsors are only responsible until the beneficiary gets permanent residence status (I think this was in a fiancee case). But how does it work in this case since hubs will be LPR before we get to the US?

Thanks a lot!

[AstridColeslaw 0]

anyone.....?

[Jojo92122 1,924]

My question is, what would they be getting into by being his sponsor?

You (the sponsor) and your parents (joint sponsor & household member) would be liable for certain means tested benefits that your husband would receive. If he gets these benefits, you and your parents would be liable to repay all the costs.

From USCIS: Responsibilities as a Sponsor

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.

How long is this obligation?

It can last for a very long time . . . decades if your husband does not become a US citizen or accumulate 40 quarters of work. If your husband becomes a US citizen, the obligation immediately ends. US citizenship is the quickest way to end the I-864 obligation.* Your husband can apply for US citizenship based on his marriage to you after he has 3 years of legal permanent residency (green card).

* If your husband gives up his LPR status, the I-864 obligation ends. If he dies or both parents die, then the I-864 obligation would also end. Of course, these events could happen before your husband becomes a US citizen and would really be the fastest way to end the I-864 obligation.

When I have a steady income can I take over as the sole sponsor or will they be signing a long-term commitment?

No. You cannot take over as the sole sponsor. That's not a condition which would end your parents' I-864 obligation. You and your parents are in it together.

Whether it is a long-term commitment depends on whether your husband becomes a US citizen or accumulate 40 quarters of work. It's a minimum of 3 years before your husband can qualify for US citizenship. If you and your husband both work for the next five years and meet the Social Security requirement for a work quarter, your husband would accumulate 40 quarters of work. Your work quarters while you married counts towards his 40.

What exactly does it mean for them? From what I read it would be ten years of working before they would be free of this contract. That seems like an awfully long time.

It's not 10 years. This is a misconception based on 40 quarters of work. However, he could accumulate 40 quarters in 5 years if you both work. Your work quarters count towards his for the purpose of ending the I-864 obligation.

The obligation can go on until both of your parents are dead if your husband remains an LPR (not obtain US citizenship) and does not accumulate 40 work quarters.

Since we are married, does that mean that I am ineligible for the next decade too?

No. You are a US citizen. You are entitled to any benefit that another citizen would qualify for.

The I-864 obligations only pertains to your husband while he is an LPR.

You can get those certain means tested benefits. Your husband cannot get them. If he does, then you and your parents are responsible for reimbursing the government based on the I-864s you signed for him.

What if we were unable to get affordable insurance?

You end up like the millions of other Americans without health insurance. You would be responsible for your health costs.

Does this mean my parents would be responsible for the both of us? I would hate to have them owe us that, being that I'm nearly 30.

No. Your parents would not be responsible for you. Your parents would only be responsible for your husband.

I know I'm probably over-thinking things but I like to make sure I know what I'm signing them up for.

You're not over-thinking this. Most people don't think about the possible consequences when signing the I-864. In most cases, there are no problems because the immigrant gains US citizenship without receiving any means tested benefits. Sometimes, immigrants do get these benefits and it can create a problem for the sponsors.

You should search this forum for immigrants who want to sue their sponsors for support because they are too good to work a minimum wage job. Most of these people probably assured their sponsors that this would never happen before they immigrate to the US, but then their circumstances changes or their attitudes changes.

It's possible for your husband to sue your parents for his support.

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http://www.***removed***/affidavit-of-support/sponsor-responsibilities-obligations.html

When you sign the Affidavit of Support, you accept legal responsibility for financially supporting the sponsored immigrant(s) during the obligation duration, as described below. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. When you sign I-864 Form, you are agreeing to use your resources to support the intending immigrant(s) named in this form, if it becomes necessary.

Your income and assets may be considered ("deemed") to be available to the intending immigrant, in determining whether he or she is eligible for certain Federal means-tests public benefits and also for State or local means-tested public benefits, if the State or local government's rules provide for consideration ("deeming") of your income and assets as available to that person. In other words, the submission of this form may make the sponsored immigrant ineligible for those benefits.

If you do not provide sufficient support to the person who becomes a permanent resident based on the Form I-864 that you signed, that person may sue you for this support.

I had read in another thread that co-sponsors are only responsible until the beneficiary gets permanent residence status (I think this was in a fiancee case). But how does it work in this case since hubs will be LPR before we get to the US?

The I-134 for a fiancee visa is different from the I-864. There's a reason for two different forms. They serve different functions.

Your husband will NOT be an LPR before he gets to the US. He gets an immigration visa. Once he enters the US on the immigration visa, he activates his legal permanent residency.

The I-864 obligations starts when your husband enters the US and his LPR status is activated. The I-864 obligation does not end when he gets his LPR status.

Thanks a lot!

Edited October 2, 2011 by Jojo92122

[AstridColeslaw 0]

Thank you so much Jojo! I really appreciate the straightforward information. I didn't know about both our working hours counting, that is great!

Is it correct for me to assume that it would be ok to collect state benefits (such as, if he would be eligible for state health plans if he couldn't get insured through a job), since the conditions only apply to federal? Health care is really the only legit worry I've got. I've been in Germany too long, happily paying my "high" taxes to this "socialist" state and receiving wonderful, high-quality care. It's scary to imagine going back to having nothing, like I did for years before I came here. It may be even more of a shock to my husband. I love the US and know he will too, but I think he has quite a few romantic notions of it.

Edited October 2, 2011 by AstridColeslaw

[Jojo92122 1,924]

Thank you so much Jojo! I really appreciate the straightforward information. I didn't know about both our working hours counting, that is great!

Is it correct for me to assume that it would be ok to collect state benefits (such as, if he would be eligible for state health plans if he couldn't get insured through a job), since the conditions only apply to federal? Health care is really the only legit worry I've got. I've been in Germany too long, happily paying my "high" taxes to this "socialist" state and receiving wonderful, high-quality care. It's scary to imagine going back to having nothing, like I did for years before I came here. It may be even more of a shock to my husband. I love the US and know he will too, but I think he has quite a few romantic notions of it.

If your husband receives these means tested benefits, the sponsors would liable for the costs.

http://travel.state.gov/visa/immigrants/info/info_3183.html#4

Federal means tested public benefits are the following:

Food stamps

Supplemental Security Income (SSI)

Medicaid

Temporary Assistance for Needy Families (TANF)

State Child Health Insurance Program (CHIP)

Some state programs such as Medicaid (i.e., Medi-Cal in California, TennCare in Tennessee, etc.) are partially federally funded. Your husband cannot receive these benefits.

[sachinky 465]

Man, if I were you, I'd stay put in Germany.

[JSP&GMA 0]

Hey! I'm in the same position. I do not want to ask someone else to be the sponsor.

My Spanish husband and I are both working in Germany and we have submitted our I-130 (still waiting to hear back). I plan to get my old job back immediately upon returning to the US after my husbands Green Card is granted.

I would like to be the sole sponsor since I will have a reliable income as soon as we enter the US. However, at the moment I have zero US income and therefore I don't think I qualify as a sponsor. Can I show a letter from my employer stating that I will be employed as soon as I enter the US to show that I am capable of supporting my husband???

Thanks everyone!!!

[Morkai 0]

Hey! I'm in the same position. I do not want to ask someone else to be the sponsor.

My Spanish husband and I are both working in Germany and we have submitted our I-130 (still waiting to hear back). I plan to get my old job back immediately upon returning to the US after my husbands Green Card is granted.

I would like to be the sole sponsor since I will have a reliable income as soon as we enter the US. However, at the moment I have zero US income and therefore I don't think I qualify as a sponsor. Can I show a letter from my employer stating that I will be employed as soon as I enter the US to show that I am capable of supporting my husband???

Thanks everyone!!!

Unfortunately not, you must have the income at the time of submission. My USA husband has gone back to the US to re-establish our home and his job so that by the time my interview comes round we'll have a paycheck to show.

[aaron2020 11,651]

Hey! I'm in the same position. I do not want to ask someone else to be the sponsor.

My Spanish husband and I are both working in Germany and we have submitted our I-130 (still waiting to hear back). I plan to get my old job back immediately upon returning to the US after my husbands Green Card is granted.

I would like to be the sole sponsor since I will have a reliable income as soon as we enter the US. However, at the moment I have zero US income and therefore I don't think I qualify as a sponsor. Can I show a letter from my employer stating that I will be employed as soon as I enter the US to show that I am capable of supporting my husband???

Thanks everyone!!!

No. You need a Joint Sponsor. You cannot be the sole sponsor. Future income does not count. Only your current income that will continue after you return to the US is countable.