THE CONSEQUNCES OF BECOMING A CO SPONSOR FOR A PERSON APPLYING FOR A GREEN CARD
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.