Co-Sponsor for I-130 responsibilities

[Voyager7 3]

My sister has agreed to be a co-sponsor for my spouse.

She would like to know her responsibilities as a co-sponsor. Can anyone tell me or provide a link that I can share with her?

[newacct 688]

What do you mean "co-sponsor"? Do you mean that your spouse is at the stage of Consular Processing for immigrant visa where he needs Affidavits of Support, and your income isn't sufficient so he needs a Joint Sponsor?

The effects on a sponsor who fills out an Affidavit of Support are:

1. If the immigrant's income falls below 125% poverty level, he can sue the sponsor.

2. If the immigrant uses need-based public benefits, the government can sue the sponsor for reimbursement of the costs.

[aaron2020 11,651]

Hi,

Worst case scenario: she could end up legally having to support your husband at the poverty level for the rest of his or her life.

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

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

http://www.immig-chicago.com/articles/complex-issues-involving-the-i-864-affidavit-of-support/

http://www.avvo.com/legal-guides/ugc/demanding-support-payments-under-the-i-864-affidavit-of-support

http://www.pugetsoundlegal.net/blog/wp-content/uploads/2014/01/2014.1.2_Suing_on_I-864_Update.pdf

The last two are must reads.

[aaron2020 11,651]

What do you mean "co-sponsor"? Do you mean that your spouse is at the stage of Consular Processing for immigrant visa where he needs Affidavits of Support, and your income isn't sufficient so he needs a Joint Sponsor?

The effects on a sponsor who fills out an Affidavit of Support are:

1. If the immigrant's income falls below 125% poverty level, he can sue the sponsor.

2. If the immigrant uses need-based public benefits, the government can sue the sponsor for reimbursement of the costs.

3. The immigrant can sue the Joint Sponsor for support at the poverty level under the I-864.

[Voyager7 3]

Yes sorry. I meant Joint sponsor.

[MrsAwakened 7]

The smartest thing to do is look at the I-846 instructions because then you won't misinform the person who is helping you. You go to the USCIS site and find the FORMS Section. Once you find the I-846, click it and go to the PDF instructions. Look for "What Is a Joint Sponsor?" and also "How Long Does My Obligation as a Joint Sponsor Continue?" because your joint sponsor only is your sponsor until you either accumulate 40 quarters of work credit (working for 10 years) or you become a U.S. Citizen. Also, you should look at the signature part of the actual I-846 form because it tells you the sponsor and joint sponsors responsibilities and is extremely detailed (consequences, obligation duration, etc).

I hope you find your answers.

[aaron2020 11,651]

The smartest thing to do is look at the I-846 instructions because then you won't misinform the person who is helping you. You go to the USCIS site and find the FORMS Section. Once you find the I-846, click it and go to the PDF instructions. Look for "What Is a Joint Sponsor?" and also "How Long Does My Obligation as a Joint Sponsor Continue?" because your joint sponsor only is your sponsor until you either accumulate 40 quarters of work credit (working for 10 years) or you become a U.S. Citizen. Also, you should look at the signature part of the actual I-846 form because it tells you the sponsor and joint sponsors responsibilities and is extremely detailed (consequences, obligation duration, etc).

I hope you find your answers.

The I-864 does not list all the pitfalls. The pitfalls comes from legal cases already litigated. To learn the true consequences of signing the I-864, a Joint Sponsor should look at case law.

[MrsAwakened 7]

The I-864 does not list all the pitfalls. The pitfalls comes from legal cases already litigated. To learn the true consequences of signing the I-864, a Joint Sponsor should look at case law.

I believe you. I just thought a good place to start would be the actual instructions and form.

Edited September 5, 2015 by MrsAwakened

[saddlepatch 6]

They're pretty hefty responsibilities should you fall below the poverty line....and only if you sue (is my understanding, unless you take out publicly funded government help -minus medical I believe- then the government can sue)...it's why my original co-sponsor backed out :/ But it's only for 10 working years. I could be much worse. Just make sure the co-sponsor understands that.

[El_killer47 22]

basically, the government can sue the joint sponsor if the immigrant applies for lets say medicaid, food stamps etc. but this potential liability ends when your wife would become a citizen in about 3 years.

[aaron2020 11,651]

They're pretty hefty responsibilities should you fall below the poverty line....and only if you sue (is my understanding, unless you take out publicly funded government help -minus medical I believe- then the government can sue)...it's why my original co-sponsor backed out :/ But it's only for 10 working years. I could be much worse. Just make sure the co-sponsor understands that.

It's not "only for 10 working years." If the immigrant does not accumulate 40 Social Security work quarters, the I-864 obligation will last for decades until either the immigrant or sponsor dies.

[saddlepatch 6]

Uh yes it is 10 working years. Thats what 40 quarters are on your ssn. It's the same in canada. My mother went trough this with ny biological father. That hasn't really changed much. 10 legally worked years or 40 quarters which is 10 years. Sure it could be longer if the intenting immigrant doesn't plan on working but if you care about your joint sponsor then you will work those years straight through as best you can so yes in most cases, unless you're lazy, its 10 years.

[Ryan H 3,813]

Post not responding to the OP removed.