What is a Sponsor

[Tee and Megan 10]

Hello all!

I am a U.S. citizen and my fiance is from Cambodia. My fiance and I met last year while we were both studying abroad in Hong Kong. Because I will be a student for at least the next four years, I cannot work full time and do not make the minimum requirement to sponsor my beloved. I do work enough, however, that I firmly believe that once he is in the States we will be fine supporting each other until I graduate and get a real job. We do not want to wait four years to apply for our visa.(just being apart these last six months has been agonizing) However, neither of us are exactly comfortable asking my parents to be his sponsor because we do not know exactly what legalities that entails and what it will mean for them. They both easily make the minimum income requirement, though none of us are "rich". Can anyone give us a better idea of what it means to become a "sponsor?" I want to give my parents a full and fair idea of what they would be getting into. Thank you all so much. Happy Thanksgiving from Minnesota!

[Gary and Alla 3,696]

Hello all!

I am a U.S. citizen and my fiance is from Cambodia. My fiance and I met last year while we were both studying abroad in Hong Kong. Because I will be a student for at least the next four years, I cannot work full time and do not make the minimum requirement to sponsor my beloved. I do work enough, however, that I firmly believe that once he is in the States we will be fine supporting each other until I graduate and get a real job. We do not want to wait four years to apply for our visa.(just being apart these last six months has been agonizing) However, neither of us are exactly comfortable asking my parents to be his sponsor because we do not know exactly what legalities that entails and what it will mean for them. They both easily make the minimum income requirement, though none of us are "rich". Can anyone give us a better idea of what it means to become a "sponsor?" I want to give my parents a full and fair idea of what they would be getting into. Thank you all so much. Happy Thanksgiving from Minnesota!

YOU are the sponsor and always will be the sponsor. If you do not meet the qualifications to sponsor financially you can get a CO-sponsor who does meet the qualification provided the consulate you are using allows co-sponsors for K-1 visas. The co-sponsor can be ANY US citizen or permanent resident who meets the financial qualifications. Wht it means is that in the future if your fiancee receives aid from the government YOU will be responsible to repay the government for that aid. If you cannot, then your co-sponsor will be liable for that.

The co-sponsor for the visa is only on the hook until you do the adjustment of status after marriage and then you would need a JOINT sponsor for the AOS. That person is on the hook for 10 years or until your fiance becomes a citizen.

Edited November 20, 2012 by Gary and Alla

[Tee and Megan 10]

YOU are the sponsor and always will be the sponsor. If you do not meet the qualifications to sponsor financially you can get a CO-sponsor who does meet the qualification provided the consulate you are using allows co-sponsors for K-1 visas. The co-sponsor can be ANY US citizen or permanent resident who meets the financial qualifications. Wht it means is that in the future if your fiancee receives aid from the government YOU will be responsible to repay the government for that aid. If you cannot, then your co-sponsor will be liable for that.

The co-sponsor for the visa is only on the hook until you do the adjustment of status after marriage and then you would need a JOINT sponsor for the AOS. That person is on the hook for 10 years or until your fiance becomes a citizen.

Thank you so much! That helps enormously! May I ask one more question? Besides having to pay back aid, does being a sponsor make my parent legally liable for my fiance? What they are most worried about is that if he comes here and gets sick they will have to pay for all his medical insurance themselves, and I am quite sure my fiance and I do not want that to happen; we of course, want to be responsible for his insurance and health once he is here. Is the sponsor only responsible for paying back aid, or will they be liable if he does get sick or gets in a accident ( heaven forbid) Thank you again. So grateful!

[Gary and Alla 3,696]

Thank you so much! That helps enormously! May I ask one more question? Besides having to pay back aid, does being a sponsor make my parent legally liable for my fiance? What they are most worried about is that if he comes here and gets sick they will have to pay for all his medical insurance themselves, and I am quite sure my fiance and I do not want that to happen; we of course, want to be responsible for his insurance and health once he is here. Is the sponsor only responsible for paying back aid, or will they be liable if he does get sick or gets in a accident ( heaven forbid) Thank you again. So grateful!

No, they are not liable in any other way. The I-864 is a contract specifically between the sponsor/joint sponsor and the federal government for the limited purpose of recovering aid the immigrant is not entitled to.

The I-134, used for the visa in most consulates, is not even a legal document and is not a contract at all. It is nothing more than a pre-printed form to simply the presentation of other information attached to it. A "cover letter" and nothing more.

[Tee and Megan 10]

No, they are not liable in any other way. The I-864 is a contract specifically between the sponsor/joint sponsor and the federal government for the limited purpose of recovering aid the immigrant is not entitled to.

The I-134, used for the visa in most consulates, is not even a legal document and is not a contract at all. It is nothing more than a pre-printed form to simply the presentation of other information attached to it. A "cover letter" and nothing more.

Sorry,just to clarify once more. So, if my parents agree to be co-sponsor, they are not legally liable to pay for anything except in the case of governmental aid my fiance might receive? If we do not receive any governmental aid (And we definitely don't plan to do so) does that mean they aren't liable for anything? I do not mind being liable for my fiance, but I do not wish to place undue burdens upon them.

[Gary and Alla 3,696]

Sorry,just to clarify once more. So, if my parents agree to be co-sponsor, they are not legally liable to pay for anything except in the case of governmental aid my fiance might receive? If we do not receive any governmental aid (And we definitely don't plan to do so) does that mean they aren't liable for anything? I do not mind being liable for my fiance, but I do not wish to place undue burdens upon them.

Correct. And even if she DOES receive benefits the government needs to initiate action to recover the cost from YOU, then, after they cannot recover from you they would have to go after the joint sponsor. I am not aware of that ever happening.

There is no other obligation implied or expressed and no other persons are party to this contract. Even the beneficiary (your fiance) is not entitled to anything under this contract. There HAVE been instances of courts declaring that the sponsor (YOU, always YOU) is liable for some sort of support to the spouse in the case of divorce but that is really a misinterpretation of this document and a stretch at best. Most of those have been overturned if appealed. Not something for your parents to worry about in any case and not something anyoen can control. In a divorce anyone can ask for anything and the court just may grant it, whether you have this document or not.

[Tee and Megan 10]

Correct. And even if she DOES receive benefits the government needs to initiate action to recover the cost from YOU, then, after they cannot recover from you they would have to go after the joint sponsor. I am not aware of that ever happening.

There is no other obligation implied or expressed and no other persons are party to this contract. Even the beneficiary (your fiance) is not entitled to anything under this contract. There HAVE been instances of courts declaring that the sponsor (YOU, always YOU) is liable for some sort of support to the spouse in the case of divorce but that is really a misinterpretation of this document and a stretch at best. Most of those have been overturned if appealed. Not something for your parents to worry about in any case and not something anyoen can control. In a divorce anyone can ask for anything and the court just may grant it, whether you have this document or not.

Oh my goodness, thank you so much! That helps enormously. I shall let them know. My fiance and I are so grateful for this information. Thanks again!!!