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Immigration. I work with a gentleman that is a legal

resident and his children have...
Immigration. I work with a gentleman that is a legal resident and his children have legal residence. But his wife does not and her visa runs out at the end of the year she is from El Salvador. What are the risks of being her sponsor, and what all does it intel? Is there a website to get good information on this? The gentleman I work with doesn't qualify because he did not make enough money this year, it's his wife.
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Answered in 2 minutes by:
11/19/2017
Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am an Immigration Law attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Immigration Law Question

Being a sponsor or a co-sponsor for an immigrant beneficiary means that you are accepting legal responsibility to financially care for them here in the US.

The form you fill out as a sponsor is USCIS Form I-864. It is a legally binding contract between you and US immigraition authorities.

It's basically an agreement to provide financial support to the beneficiary, and their immigration petition being granted is contingent on having the I-864, because US immigration authorities want to ensure that the individual being petitioned for will not become a burden on the State. ie. that they will not need government benefits or assitance

The ways the I-864 can be enforced against you include:

(1.) the beneficiary suing you for financial support

(2.) the US government seeking repayment from you for any financial assistance or government benefits received by this person

Here is an article that outlines the I-864 obligations:

https://www.immihelp.com/affidavit-of-support/sponsor-responsibilities-obligations.html

You can also find the form itself and the form instructions here:

https://www.uscis.gov/i-864

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 9 months ago
How long is this agreement binding? One year 10 years how long?

It's binding indefinitely until one of the following events occur.

The beneficiary:

  • Becomes a U.S. citizen
  • Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act
  • No longer has lawful permanent resident status and has departed the United States
  • Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required
  • Dies

I hope that helps!

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

Nisha Jones
Category: Immigration Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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