How long are you financially responsible for an immigrant you marry?
Your obligations under this contract do not end until the immigrant has either: become a U.S. citizen. earned 40 work quarters in the U.S. (as defined by the Social Security Administration; this works out to approximately ten years)
The legal responsibility to provide financially for the immigrant will last until either party dies or until the immigrant becomes a citizen or earns credit for 40 quarters of work, which is typically 10 years.
An affidavit of support is a legally enforceable contract, and the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).
The sponsor's financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act.
The spouse who files the Affidavit of Support is referred to as the sponsoring spouse. The sponsoring spouse must generally provide financial support until the immigrant becomes a U.S. citizen or has completed 40 quarters of work.
If you are a U.S. citizen or lawful permanent resident (green card holder), and you petition for a member of your family to receive a green card, you will have to agree to sponsor that person financially as well. It's a serious, but not unlimited responsibility.
A financial sponsor is financially liable for 10 years of employment or the person becomes a US citizen.
The immigrant you have sponsored may use welfare benefits, particularly those that are means-tested. If so, you, as the sponsor, could be held financially responsible for repaying these costs to the government. This situation arises from the legal commitment you made when you signed the Affidavit of Support.
You bear more responsibility on the immigrant as a sponsor. If the unexpected happens, you may be faced with fines and lawsuits. Before you sign an Affidavit of Support, speak with an immigration attorney for free evaluation of your specific situation and how best to prepare for any undesirable outcome.
If you want to withdraw your sponsorship of an immigrant who has not yet become a lawful permanent resident, you need to send a written request to USCIS. In the letter, you must explain your reasons for withdrawing your sponsorship and provide evidence to support your decision.
What is the financial requirement to sponsor an immigrant?
2024 Income Requirements for Green Card Sponsors
The most common minimum annual income required to sponsor a spouse or family member for a green card is $25,550. This assumes that the sponsor — the U.S. citizen or current green card holder — is not on active military duty and is sponsoring only one relative.
While your divorce may not affect your immigration status, it will affect the time you must wait before applying for your permanent resident status. Because you are no longer married, you will have to wait 5 years to apply, versus the 3 years if you were still married.
| Sponsor's Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
|---|---|---|
| 2 | $23,500 | $29,375 |
| 3 | $29,690 | $37,113 |
| 4 | $35,880 | $44,850 |
| 5 | $42,070 | $52,588 |
Important: Marrying a foreigner for money is illegal, and those participating in immigration fraud can face up to five years in prison, a fine of up to $250,000, or both, according to the U.S. Code § 1325: Improper Entry by Alien.
What happens when you marry a non-U.S. citizen? When you marry a non-U.S. citizen, it can have immigration implications. Depending on the specific circ*mstances, the non-U.S. citizen spouse may be eligible to apply for immigration benefits, such as a green card, through the family-based immigration process.
Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.
If you do not meet the financial qualifications, the income of certain other household members can be added to your income level if they sign a contract on Form I-864A, Affidavit of Support Contract Between Sponsor and Household Member, agreeing to make their income or assets available for the support of the relative ...
No, there is no open-ended responsibility to repay medical bills. The only related obligation under the I-864 is to repay the cost of "federally funded means-tested benefits" if demanded by the government. So if your sister-in-law received Medicaid, the government could potentially recover that from you.
The minimum required income for most sponsors is 125% of the Federal Poverty Guidelines for their household size and location. For a couple who live in the 48 contiguous states (mainland United States) and have no children, the required minimum annual income is currently $25,550.
Financial Obligations After Divorce
If the couple divorces after the foreign fiancé(e) becomes a permanent resident, the sponsor is still responsible for supporting the foreign spouse. The sponsor's financial obligation is based on the poverty guidelines set by the U.S. government.
How long do you have to be in a relationship for a K-1 visa?
To be eligible for a K-1 visa, you must be engaged to a U.S. citizen and plan to marry within 90 days of arriving in the U.S. You must also prove that you have met in person at least once within the two years prior to applying for the visa.
A divorce automatically terminates the conditional permanent residence – however, there is some reprieve for immigrants who find themselves in this situation. The conditional permanent resident will have to obtain a waiver of the termination if they can show that the marriage was entered into in good faith.
For ALL sponsors:
A copy of your individual federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file.
In order to sponsor a non-family member, you must first prove that you are a US citizen or lawful permanent resident. You will also need to demonstrate that you have enough income or assets to support your sponsored immigrant(s).
For what is a sponsor liable? In essence, sponsoring an immigrant means taking on the legal responsibility of financially providing for the person you sponsor during their time in the United States. By signing Form I-864, you're agreeing that you have sufficient income to take care of the immigrant.
