Responsibilities of joint sponsor of I-134

[Tee101 0]

What are the responsibilities of joint sponsor of I-134?

My friend is willing to be our joint sponsor but she is asking what is the responsibilities of one. Can anybody help to explain the responsibilites of a joint sponsor of K-1 visa? She asked us to get medical insurance since she doesn't want herself or us to run into medical debt. Will she be also responsible for our medical costs??

Thank you for your help!

[amykathleen2005 441]

Officially an I-134 is not legally binding. It is when you adjust status and file the I-864 that she becomes responsible. This is not for debts, but for any money that is paid if your fiance were to become a public charge. You can be in debt and not a public charge.

Edited August 6, 2012 by amykathleen2005

[Tee101 0]

Do you mean that she will not be responsible for any of our debts but when we become a public charge then she will be responsible for any welfare/ public expense we incurred?

[amykathleen2005 441]

Do you mean that she will not be responsible for any of our debts but when we become a public charge then she will be responsible for any welfare/ public expense we incurred?

She can technically be sued for anything paid for a public charge for your fiance only. She is not responsible at all for you.

[Tee101 0]

She is bringing her two kids over as well. So if her kids enroll in public school or use financial aid or scholarship, is it a public charge?

[amykathleen2005 441]

No, those are fine. This will help:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

[Moomin 292]

As the above poster said, the i-134 is not legally binding. The K1 is technically a non-immigrant visa so most embassies will treat it as that and therefor not ask you to submit the i-864 until AOS. But since the K1 visa applicant(foreign fiancee) is most likely to marry and adjust status in the US, the embassy will still ask to see proof that the primary sponsor(you) or the co-sponsor is able to support the foreign fiance(e).

By the time you're married, add her to your medical/health insurance(whenever it's possible). Through work(if offered) is usually the cheapest. Just for me to get birth control over here a month before I was added to husband's insurance through work was around 200 for doctor's visit and the first month of pills - imagine the cost of breaking an arm.

Anyways, the point is not a huge medical bill. The point is to NOT get food stamps or any other benefits that are considered means tested benefits. By submitting the i864, the sponsor/joint sponsor signs it and thereby they may be held accountable IF the foreign fiance(e) uses any of those means tested benefits while the i-864 is binding and enforceable. It is a contract between the sponsor and the government. So the i-134 is NOT legally binding, the I-864 IS.

I hope it makes sense.

[KayDeeCee 4,891]

What are the responsibilities of joint sponsor of I-134?

My friend is willing to be our joint sponsor but she is asking what is the responsibilities of one. Can anybody help to explain the responsibilites of a joint sponsor of K-1 visa? She asked us to get medical insurance since she doesn't want herself or us to run into medical debt. Will she be also responsible for our medical costs??

Thank you for your help!

They will basically have zero responsibility with the I-134.

Adjudicator's Field Manual - 30.8 Affidavits of Support for Nonimmigrants: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-9543/0-0-0-10124.html#0-0-0-722

If they also sign the I-864 later when the adjustment of status is filed after you are married, then they will be signing a legally binding contract. If the immigrant receives government public assistance, for instance welfare, then you, the primary sponsor can be sued to pay back all the benefits received. If you are not able to pay the government back, then the joint sponsor can then be sued.

Someone signing the affidavit of support is not required to support the immigrant monetarily or pay their regular financial debts. They are also only sponsoring the immigrant and not the USC. The USC sponsor/petitioner will fill out their own affidavit of support and be the primary sponsor. A joint sponsor fills out their own separate form. Each supply their own supporting documentation.

http://www.visajourney.com/content/support

[amykathleen2005 441]

As the above poster said, the i-134 is not legally binding. The K1 is technically a non-immigrant visa so most embassies will treat it as that and therefor not ask you to submit the i-864 until AOS. But since the K1 visa applicant(foreign fiancee) is most likely to marry and adjust status in the US, the embassy will still ask to see proof that the primary sponsor(you) or the co-sponsor is able to support the foreign fiance(e).

By the time you're married, add her to your medical/health insurance(whenever it's possible). Through work(if offered) is usually the cheapest. Just for me to get birth control over here a month before I was added to husband's insurance through work was around 200 for doctor's visit and the first month of pills - imagine the cost of breaking an arm.

Anyways, the point is not a huge medical bill. The point is to NOT get food stamps or any other benefits that are considered means tested benefits. By submitting the i864, the sponsor/joint sponsor signs it and thereby they may be held accountable IF the foreign fiance(e) uses any of those means tested benefits while the i-864 is binding and enforceable. It is a contract between the sponsor and the government. So the i-134 is NOT legally binding, the I-864 IS.

I hope it makes sense.

Actually according to the link I referenced above, food stamps are allowed as they are not cash assistance so they do not count toward being a public charge.

[Boiler 43,434]

None

[KayDeeCee 4,891]

Actually according to the link I referenced above, food stamps are allowed as they are not cash assistance so they do not count toward being a public charge.

Food stamps are a means tested public benefit, and the immigrant cannot receive them: http://travel.state.gov/visa/immigrants/info/info_3183.html#4

[Tee101 0]

Thanks for all your advises. Now I understand the difference between I-134 and I-864. The Embassy is asking for Form I-864 from the Joint Sponsor right at this point. Until then my fiancee can get her visa approved and come over. My friend is willing to joint sponsor but is cautious about the responsibilities involves. We will not get into welfare for sure so can I ensure my friend that she will not be sued for that and her risk is pretty minimal? Any other things my friend has to worry about?