Co-sponsorship - What are the basic requirements?

Immigration 3 views 4 answers
My girlfriend is here on a visitors visa. I am a US Citizen. We don't want to be separated and so we are planning to get married and apply for a green card. My income is not sufficient for the Affidavit of Support requirements so we will need a co-sponsorship. Who can I use for a co-sponsor? What are the basics that I need to be aware of in finding someone willing to co-sponsor? Thank you!

Attorney Answers

4
Karin WolmanImmigration AttorneyNew York, NY ·
Like the sponsoring US citizen, the co-sponsor who agrees to sign an affidavit of support is making a legally-binding contractual commitment to financially support the sponsored immigrant should the primary sponsor fail to do so. It is a long-term commitment valid until the sponsored immigrant has either worked for a total of 10 years (on the books, according to Social Security Administration records) or becomes a US citizen. This obligation remains in force even if the couple gets a divorce, and even if the US spouse dies. The I-864 can be enforced against the sponsor or co-sponsor, for example by a state entity, should the sponsored immigrant apply to the state for public benefits. It's a big deal, and should not be undertaken lightly.
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Stephen Scribner ·
A co-sponsor must be at least 18 years old and residing in the U.S. as a U.S. citizen or Lawful Permanent Resident, and must show sufficient income/assets to support him/herself and all "household members" plus your wife-to-be. Minimum income levels are set forth on Form I-864P (available online). And of course s/he must be willing to assume the legal and financial obligations associated with being a sponsor.
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Stephen Scribner ·
Jordan: If you want to confirm that the sponsor need not have any special relationship to you (such as family, employer), that is correct. You can get a detailed description of the qualifications by looking at the form instructions on the CIS website, or by consulting with a knowledgeable attorney.
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Shiva Gill ·
Anyone can become a co-sponsor -- friend, neighbor, employer, relative -- it does not matter. A co-sponsor has the exact same obligations as the main sponsor. Therefore, if the beneficiary uses any federally means-tested benefits (such as Medicaid, food stamps, Social Security, etc.) they will first look to the primary sponsor for repayment. If they cannot collect from him/her, they will look to the co-sponsor for the money. The basics you need in finding a co-sponsor is that they should independently be able to show their income is at 125% of federal poverty guidelines for the number of people in their household.
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