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Joint sponsor liability versus original sponsor

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  • Joint sponsor liability versus original sponsor

    I looked at the liabilities of the immigrants sponsor. However I was wondering what are the responsibilities and liabilities of the joint sponsor.

    I am considering to volunteer as a joint sponsor for one of my good friends and his Indian wife(no kids) for them to qualify for the AOS in order to obtain her green card.

    I was reading that the sponsor is responsible for 40/4. Does this also apply to the joint sponsor? Or is the primary sponsor liable and the joint is a back up? Do we split this?

    I am also thinking about own my wife and I. For example if we apply for a mortgage or when we file our taxes do we also have to consider the liability of my friend's wife? What if they have a kid? Will I also be liable?

    My friend and his wife have a pretty stable life not to mention she is a pilot so I know financially there is not a whole lot of risk but I'm still going the extra mile here to be sure. I find the 10 year liability mark a bit of a concern since lots can happen in that time period.

    Many thanks in advance.

    Rob

  • #2
    Originally posted by tobe1424 View Post
    I looked at the liabilities of the immigrants sponsor. However I was wondering what are the responsibilities and liabilities of the joint sponsor.

    I am considering to volunteer as a joint sponsor for one of my good friends and his Indian wife(no kids) for them to qualify for the AOS in order to obtain her green card.

    I was reading that the sponsor is responsible for 40/4. Does this also apply to the joint sponsor? Or is the primary sponsor liable and the joint is a back up? Do we split this?

    I am also thinking about own my wife and I. For example if we apply for a mortgage or when we file our taxes do we also have to consider the liability of my friend's wife? What if they have a kid? Will I also be liable?

    My friend and his wife have a pretty stable life not to mention she is a pilot so I know financially there is not a whole lot of risk but I'm still going the extra mile here to be sure. I find the 10 year liability mark a bit of a concern since lots can happen in that time period.

    Many thanks in advance.

    Rob
    A joint sponsor's obligations are exactly the same as the petitioner's. Each sponsor is separately responsible for all the obligations.

    Not sure what you mean by "responsible for 40/4". There is no "10 year liability mark". The obligations are *forever* until one of the conditions for termination occur: the immigrant becomes a citizen, has worked enough to earn 40 quarters of Social Security credits, abandoned permanent residency and left the US, or dies. If the immigrant doesn't become a citizen and doesn't work, the obligations will continue forever. Read the contract to make sure you understand what you are signing.

    Note that as a sponsor you are not financially responsible for anyone. You are not liable for their debts or costs. Your obligation is only that, if the immigrant's income falls below a certain level, you are to supplement their income until it reaches that level. But even if you don't do that (her income falls below and you don't pay her), there is no effect on you unless one of two things happen: 1) if the immigrant sues you (they would have to be terrible friends to do that), or 2) if the immigrant obtains need-based government assistance and the government sues you for reimbursement (currently no states sue for this).

    I am not sure how it affects your mortgage application.

    This is my personal opinion and is not to be construed as legal advice.

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