Joint sponsor liabilities under Affidavit of Support

Jay filed a spousal petition for his wife, Nida. Though he has a job, his income is not enough to satisfy the income requirement set by USCIS. He requests his good friend Ray to act as a co-sponsor and sign an Affidavit of Support. Ray now has some questions as to his potential liabilities if he agrees to Jay's request.

A joint sponsor, also known as a co-sponsor, has the same liabilities like that of the principal/primary sponsor if he signs the Affidavit of Support. The joint sponsor agrees on the terms and conditions set out in the I-864 form. It is important to stress out that the Affidavit of Support is a legal contract that is binding and enforceable between the sponsor (whether primary or joint) and the US government. This contract is needed by USCIS in order to ensure that the immigrant will not become a financial burden to the US government on public welfare benefits, thus having a sponsor sign this contract is a way to achieve that aim. The sponsor must provide the intending immigrant any support necessary to maintain him/her at an income that is at least 125% of the Federal Poverty Guidelines depending on the household size.

This obligation starts as soon as the intending immigrant obtains his/her greencard. The obligation also terminates only when the greencard holder becomes a US citizen, or has already worked or received credits for 40 quarters of coverage under the Social Security Act (one quarter is three months, so if there are four quarters in a year, that would be 10 years), or the immigrant has already departed the US, or is undergoing removal proceedings and has applied a new adjustment of status and submitted a new affidavit of support, or when the immigrant dies or when the sponsor dies. These are the only instances when the obligation of the sponsor ends. Take note that divorce does not terminate the sponsor's obligations.

Since the Affidavit of Support is a binding contract, can Nida sue Ray in order to enforce it? The answer is yes. Likewise, any government agency can also sue the sponsor for reimbursements, attorney’s fees and other costs if that federal, state, or private agency provided any means tested public benefit to the greencard holder.

Lastly, there is also an additional obligation on the sponsor requiring him to notify USCIS within 30 days after he changed address.

While signing as a joint sponsor may be taken as a gesture of charity towards a friend or family member, make sure you know what you are signing and feel free to refuse if you are not comfortable signing it.