What is the time a sponsor is liable for?

[Mrs. Childs 11]

We were wondering after a person decides to be a joint sponsor, how long they stay liable once the immigrant enter the USA... Does anyone know?

Thanks

[NigeriaorBust 4,087]

Until the immigrant is credited with 40 quarters of qualified work ( could be never) , until the immigrant leave and gives up green card, until the immigrant becomes a USC , until one of the two parties die.

[Mrs. Childs 11]

Thanks you!!

[nybabygirl1969 0]

igwe and lolo is 100% correct. And remember the AOS is a contract between the sponsor(s) and the government and it is not voided because of divorce.

[JDGam 6]

I just saw this and wanted to add something.

My father has sponsored his entire family (8 brothers and sisters and their individual families). All of them were told that my father was their sponsor so he was economically responsible for them for 5 years. After that he was no longer responsible for them. And thats how it has been. What it really means tho, is that the person being sponsored cannot apply for government services for that time. They are supposed to ask the sponsor to help them if they need economic assistance. Mind you, my father is still sponsoring people (in total he has sponsored more than 20 people). He has never had any issues because of it.

[aaron2020 11,651]

I just saw this and wanted to add something.

My father has sponsored his entire family (8 brothers and sisters and their individual families). All of them were told that my father was their sponsor so he was economically responsible for them for 5 years. After that he was no longer responsible for them. And thats how it has been. What it really means tho, is that the person being sponsored cannot apply for government services for that time. They are supposed to ask the sponsor to help them if they need economic assistance. Mind you, my father is still sponsoring people (in total he has sponsored more than 20 people). He has never had any issues because of it.

Your father has been quite lucky then. Others have had to paid.

The 5 years is for qualifying for public benefits. It does not fulfill the requirement to end the I-864 obligation. These are two different things.

[JDGam 6]

What are the obligations?

Your father has been quite lucky then. Others have had to paid.

The 5 years is for qualifying for public benefits. It does not fulfill the requirement to end the I-864 obligation. These are two different things.

[NigeriaorBust 4,087]

In most cases a new immigrant is not allowed to apply for ANY means tested benefits for the first 5 years. After that period they qualify for some. However your I 864 between you and the government requires you to pay back any benefits the immigrant gets until the terms of the contract end ( see my earlier post ) On rare occasions shady immigrants have convinced courts that the terms means that you are required to sponsor them at the 125% level personally and have won alimony based on this error. So if your sponsored immigrant gets means tested medical treatment you would be responsible for paying the government back at the rate they are billed which is much more than the rate you would be billed.

[aaron2020 11,651]

In most cases a new immigrant is not allowed to apply for ANY means tested benefits for the first 5 years. After that period they qualify for some. However your I 864 between you and the government requires you to pay back any benefits the immigrant gets until the terms of the contract end ( see my earlier post ) On rare occasions shady immigrants have convinced courts that the terms means that you are required to sponsor them at the 125% level personally and have won alimony based on this error. So if your sponsored immigrant gets means tested medical treatment you would be responsible for paying the government back at the rate they are billed which is much more than the rate you would be billed.

Read page 7 of the newly revised I-864.

The I-864 now explicitly states that the sponsors agree to "provide the intending immigrant any support necessary to maintain him or her at an income that's at least 125% of the federal poverty guidelines for his or her household size."

The I-864 obligations is not just to reimburse for means tested benefits. It's a general obligation of support also.

This is why I would never sign an I-864 for a friend. I wouldn't do it for certain people in my family. I do not want to support another family for the rest of my life.

Edited December 8, 2013 by aaron2020

[aaron2020 11,651]

What are the obligations?

Read the last few pages of the I-864.

Signing the I-864 could be a lifetime commitment to support a family that's not yours.

[aaron2020 11,651]

More info. I have put interesting tidbits in bold.

Notice that the first 5 years when an LPR is not qualified for means tested benefits has nothing to do with ending the I-864 obligations. So, the I-864 obligation does not end after 5 years. The I-864 obligation can be for life.

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-5.html

The Sponsor’s Obligations

The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant -- the immigrant could decide to quit a job and sue the sponsor for support.

When the government sues the sponsor, it collects enough money to reimburse any public agencies that have given public benefits to the immigrant. When the immigrant sues, he or she collects cash support up to 125% of the amount listed in the U.S. government’s Poverty Guidelines (as shown in the chart in Form I-864P).

The sponsor’s responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States. If the immigrant has already been living in the U.S. and earned work credits before applying for the green card, those count toward the 40.

In fact, in marriage-based cases, work done by the U.S. petitioning spouse during the marriage can be counted toward these 40 quarters.

caution

CAUTION

A sponsor in a marriage-based case remains legally obligated even after a divorce. Yes, a divorced immigrant spouse could decide to sit on a couch all day and sue the former spouse for support. The sponsor may wish to have the immigrant sign a separate contract agreeing not to do this, but it is not clear whether courts would enforce such a contract.

[JDGam 6]

Wow! Thank you for this wonderful info. I think many do not know this, like myself. Its great to be able to become truly informed about this topic!!

I'm hispanic, so in our culture we see sponsorship as a favor. It would be detramental to other family members and other hispanics to take advantage of a sponsor. I guess I assumed it was a universal thing. I spoke to my cousins about it and they said they simply just become citizens asap and thats the end of the story for them! Some of my father's family have become USC. The ones not USC are the ones who have recently come and were or still are minors when they came, and/or they have been too lazy to learn English and become a USC. One of my cousins become a USC just last year. Also, they have learned to just live with what they can.

So, I understand now why many will not do this. Some even have the petitioner pay them to be a sponsor! They make a lot of money off hispanics because they know that the hispanic culture sees this as a very big taboo. If you come to this country to work, work. Don't come begging for help later. Can't get benefits? Too bad. If you are a woman, find a man who will support you. If you are a man, take any job offered to you. Make sure you stay close to family so they can help you if you have need. No family? Then make friends and become close in case of anything. Sponsor no where in sight... That's just our culture, regardless of how the US government sees it.

With your info, I now see the difference between a culture and reality. Thanks! :-)

More info. I have put interesting tidbits in bold.

Notice that the first 5 years when an LPR is not qualified for means tested benefits has nothing to do with ending the I-864 obligations. So, the I-864 obligation does not end after 5 years. The I-864 obligation can be for life.

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-5.html

The Sponsors Obligations

The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either the government or the sponsored immigrant can take the sponsor to court if the sponsor fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant -- the immigrant could decide to quit a job and sue the sponsor for support.

When the government sues the sponsor, it collects enough money to reimburse any public agencies that have given public benefits to the immigrant. When the immigrant sues, he or she collects cash support up to 125% of the amount listed in the U.S. governments Poverty Guidelines (as shown in the chart in Form I-864P).

The sponsors responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States. If the immigrant has already been living in the U.S. and earned work credits before applying for the green card, those count toward the 40.

In fact, in marriage-based cases, work done by the U.S. petitioning spouse during the marriage can be counted toward these 40 quarters.

caution

CAUTION

A sponsor in a marriage-based case remains legally obligated even after a divorce. Yes, a divorced immigrant spouse could decide to sit on a couch all day and sue the former spouse for support. The sponsor may wish to have the immigrant sign a separate contract agreeing not to do this, but it is not clear whether courts would enforce such a contract.

[NigeriaorBust 4,087]

Wow! Thank you for this wonderful info. I think many do not know this, like myself. Its great to be able to become truly informed about this topic!!

I'm hispanic, so in our culture we see sponsorship as a favor. It would be detramental to other family members and other hispanics to take advantage of a sponsor. I guess I assumed it was a universal thing. I spoke to my cousins about it and they said they simply just become citizens asap and thats the end of the story for them! Some of my father's family have become USC. The ones not USC are the ones who have recently come and were or still are minors when they came, and/or they have been too lazy to learn English and become a USC. One of my cousins become a USC just last year. Also, they have learned to just live with what they can.

So, I understand now why many will not do this. Some even have the petitioner pay them to be a sponsor! They make a lot of money off hispanics because they know that the hispanic culture sees this as a very big taboo. If you come to this country to work, work. Don't come begging for help later. Can't get benefits? Too bad. If you are a woman, find a man who will support you. If you are a man, take any job offered to you. Make sure you stay close to family so they can help you if you have need. No family? Then make friends and become close in case of anything. Sponsor no where in sight... That's just our culture, regardless of how the US government sees it.

With your info, I now see the difference between a culture and reality. Thanks! :-)

My husband is a recent USC He has 21 siblings mostly married mostly with children. We have been having planning sessions on what order to file in so that the first arriving ones will help with the others. Unfortunately many people aren't good about not taking advantage of the benefits offered here. I know of so many that take advantage of every thing they can and if ever caught their sponsor will owe hundreds of thousands of dollars.

[JDGam 6]

So now I have another question: My husband and I have been married 4 years. We have a lots of documents and a boat full of photos! I've made scrapbooks and photobooks as well as regular albums. It is A LOT. 4 years... a lot happens!! What and how much should we bring?? I have bank statements, leases, credit cards, auto insurance, and pictures of us since 2008! Any ideas?