[SKBERRY] Immigration Law

Tuesday, April 13, 2010

HELP! What Does it Mean to Co-Sponsor an Immigrant?

I often hear the question:  What does it mean to co-sponsor an immigrant financially?  What are the responsibilities? 

As per USCIS, the affidavit of support is used "to show that the applying immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare."

By signing an I-864, you are forming a contract with the United States government to do the following:
  • That you have enough income for you and your household plus the intending immigrant(s), should the support be necessary. 
  • What is enough income?  125 percent of the Federal Poverty Guidelines.
  • The obligation will make you responsible for reimbursing the government IF the immigrant you sponsored needs government assistance from the federal or state government.
  • Notify the government within 30 days of a move with form I-865

How long does the obligation last?
  • Until the immigrant becomes a U.S. Citizen. (Typically 5 years)
  • Or after the immigrant has accumulated approximately 10 years of work in the United States.
Of course there are a lot of intricacies in the process, and not every case is the same.  For personal advice, you'll need to read the instructions and/or hire a lawyer. 

Deciding whether to be a co-sponsor?  Consider the following questions:

  • How well do you know the sponsor and/or the relative?
  • Are they hard workers?  
  • What is their moral character?  (can affect the timing of citizenship, not to mention your comfort-level in sponsoring).  
  • Are they family?  And if so, how close?
  •  Do you see the family needing government assistance?
  • If it came down to it, could you help support the immigrant(s)?  Do you see that as becoming a burden?
  • Do you feel comfortable sharing access to your tax returns and W-2s with the sponsor?  An attorney can help lessen this burden by keeping the documents safe.
Sometimes co-sponsors are necessary for families to reunite.  It can be a wonderful way to help your friends and family start an American dream, but just as with any contract, you need to know your rights and responsibilities before moving forward. 

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The information contained on this website is for informational use only and should not be construed as legal advice. This website does not create an attorney-client relationship.
Attorney is authorized to practice immigration law for clients in all 50 States. Licensed by PA and NJ.