Co-Sponsor Question

[LT1 0]

 

I am hoping someone can help me understand options with this scenario. I have a friend who is a US Citizen and has been living overseas for some time now where he also recently got married. He has recently come back to the US for a job and at this job he makes more than enough to meet the minimum requirements to sponsor his wife. That said, because he was overseas he didn’t make any income in the US and when he has filed taxes it shows no income in prior years. He has asked me to co-sponsor his wife which obviously is a big risk for me (at least how I understand it). His wife does have assets in her home country (multiple properties, etc) and she doesn’t appear to be much of a financial risk.

 

Is the only option for me to co-sponsor or can he use his current employment (offer letter, pay stub, etc.) as financial proof even though he does not have 3 years of income?

 

How risky is this for me if I do it? He is stating the responsibility for any payments would fall to him first. I don’t see her going on public assistance, but what if she ended up at the emergency room from an accident or something of that nature?

 

Can I draft any sort of legal agreement between myself and my friend that relieves any of the risk associated with sponsorship?

 

Is there other ways that make more sense for him to achieve getting his wife here sooner?

 

Any help on this is greatly appreciated. Thanks!

[beloved_dingo 1,946]

10 minutes ago, LT1 said:

 

I am hoping someone can help me understand options with this scenario. I have a friend who is a US Citizen and has been living overseas for some time now where he also recently got married. He has recently come back to the US for a job and at this job he makes more than enough to meet the minimum requirements to sponsor his wife. That said, because he was overseas he didn’t make any income in the US and when he has filed taxes it shows no income in prior years. He has asked me to co-sponsor his wife which obviously is a big risk for me (at least how I understand it). His wife does have assets in her home country (multiple properties, etc) and she doesn’t appear to be much of a financial risk.

 

Is the only option for me to co-sponsor or can he use his current employment (offer letter, pay stub, etc.) as financial proof even though he does not have 3 years of income?

 

How risky is this for me if I do it? He is stating the responsibility for any payments would fall to him first. I don’t see her going on public assistance, but what if she ended up at the emergency room from an accident or something of that nature?

 

Can I draft any sort of legal agreement between myself and my friend that relieves any of the risk associated with sponsorship?

 

Is there other ways that make more sense for him to achieve getting his wife here sooner?

 

Any help on this is greatly appreciated. Thanks!

If his current income is sufficient, he shouldn't need a joint sponsor. But if for some reason you did decide to be a joint sponsor, there is very little risk to you but there's no way to say that the risk is absolutely zero. 

 

However, the I-864 doesn't apply to an emergency room bill. How does that involve public assistance? If you're going to make a decision either way, you need to understand the actual obligation.

 

The I-864 lays it out pretty clearly:

 

The submission of this affidavit may make the sponsored immigrant ineligible for certain Federal, state, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant when determining his or her eligibility for the program. If the immigrant sponsored in this affidavit does receive one of the designated Federal, state or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid. Not all benefits are considered as means-tested public benefits. See Form I-864P, Poverty Guidelines, for more information on which benefits are covered by this definition.

 

Regardless of all of this, if you aren't comfortable being a sponsor, you should not feel pressured to say yes. 

Edited July 6, 2022 by beloved_dingo

[LT1 0]

12 minutes ago, beloved_dingo said:

If his current income is sufficient, he shouldn't need a joint sponsor. But if for some reason you did decide to be a joint sponsor, there is very little risk to you but there's no way to say that the risk is absolutely zero. 

 

However, the I-864 doesn't apply to an emergency room bill. How does that involve public assistance? If you're going to make a decision either way, you need to understand the actual obligation.

 

The I-864 lays it out pretty clearly:

 

The submission of this affidavit may make the sponsored immigrant ineligible for certain Federal, state, or local means-tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant when determining his or her eligibility for the program. If the immigrant sponsored in this affidavit does receive one of the designated Federal, state or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. That agency can sue you if the cost of the benefits provided is not repaid. Not all benefits are considered as means-tested public benefits. See Form I-864P, Poverty Guidelines, for more information on which benefits are covered by this definition.

 

Regardless of all of this, if you aren't comfortable being a sponsor, you should not feel pressured to say yes. 

Thank you for the response.  I read a bit about "Emergency Medicaid" and I wasn't clear if that would qualify as a means tested benefit.

[Boiler 43,848]

Divorce settlements seem to be where we see it most, what the future brings who knows, it is  a very big ask.

[Chancy 6,233]

32 minutes ago, LT1 said:

Can I draft any sort of legal agreement between myself and my friend that relieves any of the risk associated with sponsorship?

 

Any legal agreement between you and your friend would not absolve you of your financial obligation if you sign the I-864 because the I-864 is a contract between you and the US federal government.

 

In any case, you are right to be concerned.  Aside from the financial risk (no matter how low), you would also need to accept the risk to your personal data security.  Submitting the I-864 means you must disclose your SSN and income information.  It is possible for you to submit the required documents yourself and not give your friend and his wife access to your information.  But if his wife is ever required to bring paper copies of your documents to her visa interview, then you can only hope that they take all the necessary precautions to protect your information.

 

50 minutes ago, LT1 said:

Is the only option for me to co-sponsor or can he use his current employment (offer letter, pay stub, etc.) as financial proof even though he does not have 3 years of income?

 

If his current US-based income is above the minimum requirement for his household size, then yes, he should just use that to qualify for sponsorship.  No need to involve you.  Yes, recent pay stub or employment letter showing annual salary may be submitted as evidence of current income.

 

[LT1 0]

8 minutes ago, Chancy said:

 

Any legal agreement between you and your friend would not absolve you of your financial obligation if you sign the I-864 because the I-864 is a contract between you and the US federal government.

 

In any case, you are right to be concerned.  Aside from the financial risk (no matter how low), you would also need to accept the risk to your personal data security.  Submitting the I-864 means you must disclose your SSN and income information.  It is possible for you to submit the required documents yourself and not give your friend and his wife access to your information.  But if his wife is ever required to bring paper copies of your documents to her visa interview, then you can only hope that they take all the necessary precautions to protect your information.

 

 

If his current US-based income is above the minimum requirement for his household size, then yes, he should just use that to qualify for sponsorship.  No need to involve you.  Yes, recent pay stub or employment letter showing annual salary may be submitted as evidence of current income.

 

Thank you.  I was told he needs his tax records and even three years of tax history.  If this is the case, it solves most of the problem.

[Boiler 43,848]

His tax history is nothing to do with you.

[LT1 0]

7 minutes ago, Boiler said:

His tax history is nothing to do with you.

I understand what you are saying, but I am trying to understand his options so I can help him make this happen without me.   By helping him I help myself, and being he is a friend I don't have a problem doing a little digging for him.  If he truly does not need to show previous income, and only current paystub/offer letter, than he definitely does not need my assistance.

[JeanneAdil 6,291]

As long as he filed his tax returns (even using the tax exemption) ,,  he is ok with 0 US income in past

 

as for illnesses ,   he should be adding her when she comes to his health insurance plan

 

if u have  any questions as to his plans,  ask  him,  u have a right to know if he is asking for this huge favor

and look to your state laws to see if any formal legal agreement to recover any loses is binding / in some states they are invalid if the person goes thru bankruptcy 

[SalishSea 16,977]

1 hour ago, LT1 said:

Can I draft any sort of legal agreement between myself and my friend that relieves any of the risk associated with sponsorship?

 

Nope.  It will be a contract between you and the federal government.

[SalishSea 16,977]

3 minutes ago, LT1 said:

I understand what you are saying, but I am trying to understand his options so I can help him make this happen without me.   By helping him I help myself, and being he is a friend I don't have a problem doing a little digging for him.  If he truly does not need to show previous income, and only current paystub/offer letter, than he definitely does not need my assistance.

I would encourage him to join VisaJourney himself, and own his process by doing as much reading and researching as possible.

[Chancy 6,233]

1 minute ago, LT1 said:

I was told he needs his tax records and even three years of tax history.

 

Whether or not you agree to be joint sponsor, your friend is still the primary sponsor and still needs to provide the information from his recent 3 years of taxes.  Involving you would not exempt him from submitting his own I-864 form which requires his tax history.  If he had foreign income above the filing threshold, then he just needs to list the total income reported on his US federal tax filings.  Unless your friend's wife will be interviewing in Mumbai in India, the previous tax information on the I-864 will mostly be a documentation requirement.  His current income will matter more to qualify for sponsorship.

 

[LT1 0]

12 minutes ago, Chancy said:

 

Whether or not you agree to be joint sponsor, your friend is still the primary sponsor and still needs to provide the information from his recent 3 years of taxes.  Involving you would not exempt him from submitting his own I-864 form which requires his tax history.  If he had foreign income above the filing threshold, then he just needs to list the total income reported on his US federal tax filings.  Unless your friend's wife will be interviewing in Mumbai in India, the previous tax information on the I-864 will mostly be a documentation requirement.  His current income will matter more to qualify for sponsorship.

 

Thank you.   That makes sense.  To clarify his wife is coming from China.

[Alex&Nayden 91]

2 hours ago, LT1 said:

 

I am hoping someone can help me understand options with this scenario. I have a friend who is a US Citizen and has been living overseas for some time now where he also recently got married. He has recently come back to the US for a job and at this job he makes more than enough to meet the minimum requirements to sponsor his wife. That said, because he was overseas he didn’t make any income in the US and when he has filed taxes it shows no income in prior years. He has asked me to co-sponsor his wife which obviously is a big risk for me (at least how I understand it). His wife does have assets in her home country (multiple properties, etc) and she doesn’t appear to be much of a financial risk.

 

Is the only option for me to co-sponsor or can he use his current employment (offer letter, pay stub, etc.) as financial proof even though he does not have 3 years of income?

 

How risky is this for me if I do it? He is stating the responsibility for any payments would fall to him first. I don’t see her going on public assistance, but what if she ended up at the emergency room from an accident or something of that nature?

 

Can I draft any sort of legal agreement between myself and my friend that relieves any of the risk associated with sponsorship?

 

Is there other ways that make more sense for him to achieve getting his wife here sooner?

 

Any help on this is greatly appreciated. Thanks!

His current income should be enough. He just needs to show employment verification letter and pay stubs. 

 

I will say this and I truly mean it. If you do not feel comfortable being a co-sponsor say "No." Do not feel guilty for saying it either. It sounds like you are already feeling uneasy about it. 

 

Aa true friend would understand. 

 

[CEBTL 14]

1 hour ago, Jorgedig said:

I would encourage him to join VisaJourney himself, and own his process by doing as much reading and researching as possible.

I made it to the forum and would like to thank you all for your responses. 

My wife and I are going through the Direct File process at the US Guangzhou-embassy. I went to the first interview to submit for I-130 in early June before I left and returned to the US. Since then, I have checked her case status and it comes up saying "Ready." However we have not received any information directly from the Embassy.

 

As for the I-864, this part has me confused as some people have told me that due to having 0 reported income on my last Tax filling, I HAVE to get a co-sponsor. I am currently in the US and working, my annual income will be greater than required following the HHS poverty Guidelines.    

 

So the question is, if I report on the I-864 my current annual income, current assets, submit my employers offer and provide all the paystubs I will have received before her interview, can that qualify me to be the sole supporter?  Would it help to add a I-184a to document my spouses current income and assets in her home country? Her assets alone could meet the HHS poverty guidelines. 

I am concerned because USCIS says that if the sponsor cannot meet their requirements it could result in a long delay or even rejection.