I-864 Affidavit of Support - extent of financial exposure

The instructions to Form I-864 and form itself explain your obligations and liability.

You are correct. You are only liable for cash public assistance. Please see

This link gives information: http://travel.state.gov/visa/immigrants/info/info_3183.html Additional info. is as follows: When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become U.S. citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States. Note: Divorce does NOT end the sponsorship obligation. If the individual you sponsored receives any "means-tested public benefits," you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. Federal means tested public benefits are the following: Food stamps Supplemental Security Income (SSI) Medicaid Temporary Assistance for Needy Families (TANF) State Child Health Insurance Program (CHIP) FAQs: Means Tested Public Benefits Can the applicant use government assistance or public benefits? What assistance programs are not considered means tested public benefit programs? Can the applicant use government assistance or public benefits? If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits. What assistance programs are not considered means tested public benefit programs? The following types of assistance are not considered means tested public benefits and do not have to be repaid. Emergency Medicaid School lunches Immunizations and treatment for communicable diseases Student assistance to attend colleges and institutions of higher learning Some kinds of foster care or adoption assistance Job training programs Head start Short-term, non-cash emergency relief I wish you the best of luck. Please remember that I do not normally monitor these questions after I have posted a reply but you can contact me as indicated below. Complimentary phone consultations Hayley Greenberg Greenberg & Merola, LLP Attorneys at Law 521 5th Ave. Ste. 1700 New York, NY 10175 (212) 593-6111, facsimile (516) 887-1720 (Additional offices: Brooklyn, Queens, Long Island) www.GreenbergMerola.com

You may also want to review the legal guide linked to below.

Hayley's answer is very complete and I concur. If you are the co-sponsor only and not the Petitioner the Petitioner would first be on the hook and then the government woudl look to you if the situation arises. It is best to make sure you know the person you are sponsoring. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600, facsimile: (619) 923-3277 email: [email protected] website: www.immigrateme.com Formerly Adjunct Professor -- Immigration law University of Illinois College of Law