As an attorney who helps a lot of immigrants adjust status I often get asked about the consequences of becoming a co-sponsor on form I-864. Form I-864 is one of the major oms associated with the adjustment of status process.  The co-sponsor usually submits Form I-864 along with a copy of a recent tax return, a w-2, and in most cases I ask my clients to get a letter from their currently employer stating that they are employed.

When signing form I-864 keep in mind that the form serves as a contract between the co-sponsor and the US government that the co-sponsor will be jointly responsible, along with the primary sponsor, for ensuring that the government is repaid if the alien becomes a public charge (“means tested public benefits”).  The co-sponsor is not responsible for any other debts the alien incurs--so if the alien gets a car loan and defaults, or racks up credit card debt, the co-sponsor is not responsible.

In general, for most people, there is very little risk that the alien will incur debts for which the co-sponsor will become responsible, because the government regulates means-tested benefit programs fairly strictly. However, the obligation is serious, and it is potentially long-lasting, it continues until the alien either reaches 40 quarters of Social Security earnings, or becomes a US citizen. 

By

Anthony Nwosu, Esq.