I-864 joint sponsor

[UnusualHoney 2]

We are going to start our k-1 application soon, but I’m looking into the future of getting a green card, and I have a questions about joint sponsors. How enforceable is the I-864? Let’s say one of my parents is a joint sponsor. But eventually we both get a job, live in our own house and financially support each other. Is my parent still required to support him? What if they don’t? I don’t want my parents to be responsible for him for many years.

I want to start freelance but I’m unsure if I can fill out the I-864 with that kind of work..

[Mike E 11,740]

4 hours ago, Livdays said:

Is my parent still required to support him?

The joint sponsor is required to provide financial support until:

 

* the beneficiary  can be credited with 40 social security credits. Normally this requires working 10 years, each year paying social security or SE tax on 4 * 1640 = $6560 of annual earnings. Each $1640 that is taxed earns a social security credit, up to 4 per year. There are other ways to satisfy “can be credited with”, if the beneficiary is married,

-  during marriage the couple earns a combined 40 credits. Hence the this could happen as soon as 5 years 

- the couple is married 10 years and the other spouse has at least 40 lifetime credits. I believe these  credits can be earned before, during, and after the marriage. 
 

* the joint sponsor passes away 

* the beneficiary becomes a U.S. citizen 

* the beneficiary’s LPR status is terminated

* the beneficiary passes away 

 

Note that the level of support is the for poverty level for a one person, which is about $1500 a month. If the beneficiary has other income such as from a job, alimony, pension benefit, or another sponsor such as the primary sponsor, the joint sponsor is in the hook to make up the remainder of the roughly $1500.  If this other confine meets or exceeds the roughly $1500, the joint sponsor is off the hook for that month. 
 

https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines

 

2023 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA
Persons in family/household	Poverty guideline
1	$14,580

 

14,580 * 1.25 / 12 = $1,518.75 per month aka roughly $1500’/ month 

 

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What if they don’t?

If the beneficiary seeks government public charge benefits, the government is free to go after the joint sponsor for reimbursement. I don’t know of this happening. 

 

If the  beneficiary doesn’t seek public charge, the beneficiary can sue the joint sponsor. See my link below for how absurd this can get. 
 

There are lawyers who specialize in I-864 enforcement cases and one posted on Reddit about it several times last  year. 

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I don’t want my parents to be responsible for him for many years.

I want to start freelance but I’m unsure if I can fill out the I-864 with that kind of work..

 

Note that a criminal conviction on the beneficiary does not end the obligation.  Literally the beneficiary can rape a child and the obligation won’t end. This actually happened. 

https://media.ca11.uscourts.gov/opinions/pub/files/201914668.pdf and while the court apologized to the joint sponsors the court ordered the joint sponsors to pay the rapists (instead of, and I know I am spitballing here, deporting the rapist).  
 

Note  that when the primary sponsor is a spouse, the federal government has ruled that state ordered divorce settlement   orders take primacy so the primary sponsor can be  let  off the hook (https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf Do NOT read this and say “but that is just Ohio”. Read it more closely to see the reference to a federal ruling).  I don’t believe this lets the joint sponsor off the hook. 

Edited February 22, 2023 by Mike E