Immigration Site

There are four categories of I-864 sponsors:

The I-130 petitioner is the primary sponsor. The petitioner MUST submit an I-864 UNLES the intending immigrant qualifies for the I-864W (waiver). The income of a petitioners spouse may be used in the calculations on the petitioners I-864, but that spouse does not become an actual, liable sponsor UNLESS they complete an I-864A as an official co-sponsor. The I-864A is not required of the petitioners spouse even if their income is considered. BOTTOM LINE, dont sign in this situation to avoid risk.

Petitioners household members may become co-sponsors. (The intending immigrant can be a co-sponsor.)

Others outside the household may become joint sponsors. (There is a limits of 2 joint sponsors BUT they can get co-sponsors also.)

Substitute sponsors are specific family members who may step into the shoes of a petitioner who dies after the I-130 is approved but before LPR status is gained.

An intending immigrant who is qualified and financially self-sustaining may waive the need for a sponsor if qualified to file form I-864W.

Sponsors of all varieties remain "jointly and severably liable" for the welfare of the sponsored immigrant:

---when one of the other sponsors dies, speficially, Joint sponsors and their co-sponsors remain "jointly and severably liable" under the same terms as the original or substitute sponsor (one of these will be the the primary sponsor). Co-sponsors of the original or substitute are no longer legally liable when the primary sponsor dies because the primary sponsors affidavit is no longer legally enforceable due to death.

---even if a sponsored immigrant divorces the principal immigrant (for derivatives) or petitioner (for conditional (2 yr) or 10 year greencardholder),

---until the sponsored immigrant attains 40 credited quarters of work (10 years of employment), OR
---until the sponsored immigrant naturalizes, OR
---until the sponsored immigrant abandons LPR status (this includes termination of conditional status), OR
---until the sponsored immigrant is excluded or ordered removed from the United States.

A bill for reimbursement, or a civil action, may be made by any government agency that provided benefits to the sponsored ummigrant against any and all sponsors in all four categories. Withholding information from the sponsored immigrant is pointless as the government benefit granting agencies get the sponsor information directly from USCIS via USCISs SAVE program in the USCIS Verification Directotate.

The sponsored immigrant has the legal right to sue any and all of the sponsors for financial support in accordance with the HHS Poverty Guidelines per I-864P for their upkeep. The I-864 forms may be used as a consideration in divorce proceedings and subsequent financial support orders. A sponsor in any of the four categories is subject to having wages garnished whether by a sponsored immigrant or government agency by action of a government agency or court order.

Become a sponsor at your own risk.