Understanding the Liability and Risks of Being a Joint Sponsor on an I-864

When a U.S. citizen or permanent resident sponsors a family member for an immigrant visa, they are required to sign an affidavit of support known as the Form I-864. This form ensures that the sponsored family member will have financial support from their sponsor if necessary. However, if the sponsor does not meet the income requirements, a joint sponsor may be required to sign the Form I-864 as well. Being a joint sponsor carries certain liabilities and risks that should be understood before agreeing to sign the form.

What does it mean to be a joint sponsor?

A joint sponsor is someone who signs the Form I-864 along with the primary sponsor to help meet the income requirements. The joint sponsor must be a U.S. citizen or permanent resident, and they must meet the same income requirements as the primary sponsor. By signing the form, the joint sponsor is agreeing to financially support the sponsored family member if necessary.

What are the liabilities and risks of being a joint sponsor?

The primary liability of being a joint sponsor is financial. If the sponsored family member becomes a public charge and receives means-tested public benefits, the government may seek reimbursement from the primary sponsor and the joint sponsor. This means that the joint sponsor may be required to repay any public benefits received by the sponsored family member.

In addition to financial liability, being a joint sponsor carries legal risks as well. If the sponsored family member encounters any legal issues or requires legal assistance, the joint sponsor may be contacted and asked to provide assistance. This can be time-consuming and costly, especially if the joint sponsor is located in a different state or country.

What should you consider before agreeing to be a joint sponsor?

Before agreeing to be a joint sponsor, it's important to carefully consider the financial and legal risks involved. You should review the income requirements and ensure that you meet them before signing the Form I-864. You should also be aware of the potential financial liability if the sponsored family member becomes a public charge.

It's also important to consider your relationship with the sponsored family member and the primary sponsor. You should have a good understanding of their financial situation and be confident that they will not need to rely on public benefits. You should also be prepared to provide assistance if necessary, including legal assistance.

In conclusion, being a joint sponsor on an I-864 carries certain liabilities and risks that should be understood before agreeing to sign the form. If you are considering being a joint sponsor, it's important to carefully review the income requirements and consider the potential financial and legal risks involved. By understanding your responsibilities and preparing accordingly, you can help ensure a successful sponsorship for the immigrant family member.

It's worth noting that while USCIS requires sponsors and joint sponsors to sign the Form I-864, they don't always enforce the agreements. In some cases, the sponsored immigrant may never require financial support, and the agreement will never be tested. However, it's important to remember that signing the Form I-864 is a legally binding contract, and sponsors and joint sponsors should take their responsibilities seriously. It's always better to err on the side of caution and be prepared to fulfill your obligations, rather than assuming that the agreement won't be enforced.