My best friend married a Peruvian woman about three years ago, and they have been living in Peru. Now they want to move back to the States. My friend is in the US now, looking for a house to buy. His wife is in Peru awaiting her visa. In order for him to be her sponsor, he has to provide a copy of his 2010 tax return and W-2 form. Unfortunately he did not make enough in 2010 to have to file taxes, and he was out of the country anyway. So he doesn’t have that.
INS said he needed to have co-sponsors that can show they made a certain amount of money in 2010. (He said something like $28K.) His wife’s mom lives in the US, as does his wife’s brother. The brother is working, but I don’t know if he filed taxes in 2010. The mother returned the required forms that showed her income met the minimum amount. INS sent my friend’s wife a notice saying the amount wasn’t enough. (Ar? ) My friend has asked me to be a co-sponsor.
I’m looking at the form I-864A:
So… I agree to provide support to my friend in order to keep his wife off of government assistance, right? Just how on-the-hook would I be? My friend is doing pretty well building websites. In a catastrophe, the wife can go to her mother. In an utter catastrophe she can go back to Peru.
I’ve been friends with this guy since high school, and I want to help him out. But while I am gainfully employed, I don’t have enough excess income at the moment to give money away.
How big a risk would I be taking? As a co-sponsor, when would they come after my assets? How long is one a co-sponsor?
You agree to support your buddy or his wife? I’m reading it’s the wife only. Your buddy is on his own, as a full-fledged US
(Based on what I know of Canadian sponsorship rules…) the downside is that you may be called to repay any welfare or other expenses that may be part of the social safety net for a citizen. Of course, in Canada AFAIK with universal health care, this does not mean much; instead of … but does this mean you could be responsible for her Medicare/ medical bills, if something unfortunate happens? Better budget for paying her medical insurance, assuming she can get it.
It’s like co-signing for a car loan, only a lot more open-ended. Or co-signing for a credit card.
Here’s a scenario Johnny. She comes to this country, and a week after arriving is hit by a hit-and-run driver in a cross walk. She goes to the hospital, receives treatment, and heals. Since she has medical insurance or means to pay, would you on the hook for these expenses?
Exactly the scenario I was thinking of. If my friend couldn’t pay, and her mother couldn’t pay, then conceivably it would fall on me.
My friend just called again, and said that he’s looked at the form and there’s a box for ‘Retired’. I don’t know if retired people file taxes, so I don’t know if they would need to send their tax return or if there is another mechanism. My friend is going to call his mom, who is retired, and see if she can be the co-sponsor. (Incidentally, the goal is for his wife to get a green card eventually.)
Your buddy is run over by a beer truck (that’s kinder than saying lets pretend he dumps her and leaves you holding the bag). Normally for a US citizen, they would collect welfare. In her case, you either (a) are responsible to support her or (b) they pay her welfare and give you the bill. (a) is cheaper, especially if actually she moves in with her mother or brother. If she has a tiny anchor baby, would welfare still consider that payment to her, or is the child entitled to welfare?
She’s in a major accident and you find she has no health insurance. Who pays for that? Will your house and IRA cover a few weeks in the hospital and a major operation?
You are trusting a buddy with your financial livelihood and wellbeing. If they disappear into the other end of the country, you could get he welfare department from some state you’ve never been to chasing you for a year of back welfare payments because they suddenly found out she was not a citizen; could she dump him now that she’s here, and sit on welfare courtesy of you instead of going home?
How does unemployment payout work? Is that considered something that is earned, or a welfare-type social support payout? DOes this mean she cannot apply for unemployment pay without costing you money?
An attorney will advise on such things as whether there’s case law that would support a third party suing you for debt incurred by the sponsored party, whether a public hospital that provides services is considered a state agency (or whether the agency responsible for hospitals can sue), and how the liability would be divided (e.g. could you be on the hook for all of it or if you help him make up the last dollar of the minimum income requirement are you on the hook for a proportionate amount?).
Note too that you’re not necessarily on the hook forever. Granted, if she becomes a permanent resident she could never apply for citizenship and if she doesn’t work outside the house she may never achieve 40 quarters of work.
Talk to an immigration attorney. They should be able to tell you exactly what you are agreeing to do and what the extent of the required support is (e.g. is it financial only, or are you required to provide physical shelter, actual provisioning of medical care, or emotional support as well?), and what penalties may befall you if you fail to support her as required.
I’d be pretty leery of taking on such a risk myself given what others have said.
However I wanted to comment on the tax return thing: Even if his income was too low in 2010, he could still file (late, obviously, but if his income was that low, there’d be no penality). And “out of the country anyway”: if he’s a US citizen, he’s still supposed to pay taxes on money earned outside the country (with some exclusions, the first xx thousand isn’t taxable for example).
I don’t think you’d be on the hook for privately provided benefits (assuming that by “state” you actually mean “government-provided”), but for sure Medicaid, etc. (with a few exceptions for emergency treatment that I’d have to look up), public housing, that kind of thing (not unemployment compensation, which is considered to be an earned benefit). And yes, it’s a big deal, and it is actually enforced - lots of people have tried to get out of supporting ex-spouses and had judgments awarded to the foreign ex-spouse in state court.
Retired people have the same tax filing requirements as anyone else, dependent on income - they just submit Social Security benefits statements, IRA statements, pension statements, etc. instead of W-2 forms to document their income. There’s no reeason a retired person, provided he/she otherwise meets the income, citizenship/residency, and domicile requirements, can’t sponsor an immigrant.
Also, your friend should be filing U.S. tax returns anyway, even if he doesn’t owe taxes; if he had enough foreign income and can document it, he may not need a joint sponsor. Tell him he should talk to an accountant about filing back tax returns.
Another alternative is that if they have enough in liquid assets to make up 3x the difference between his income and the required level of income (which depends on household size), they can use documentation of liquid assets in lieu of any shortfall in income.
Most, if not all of the above is covered in the published instructions for the Affidavit of Support form. It is a serious obligation, and I’d go over the form and instructions with a fine-toothed comb before agreeing to anything.
Ok first of all she would be in the USA as a permanent resident when having this hypothetical baby, as in legal immigration. If even the children of legal immigrants are anchor babies well fuck then even I am an anchor baby, gimme a break!
Second of all that anchor baby would be a US citizen and therefore entitled to whatever financial safety net is available if qualified, so no the affidavit of support does not cover US citizen progeny.
No disrespect or slur…congrats on being Born In The USA. (I’m tempted to joke, it’s almost as good as being born in Kenya, but this is GQ and I have a low opinion of that stupid argument…)
Just asking:
if an immigrant mother with a US born baby is reduced to collecting welfare, can the welfare authorities come after the sponsor, even though the child is a natural-born citizen?
-is medical cost covered? For example is Medicare (obviously a means-test benefit) for childbirth covered, or is it considered a cost to the mother (not the child) and again passed on to the sponsor?
-I assume if the child requires serious hospitalization (i.e. preemie) that would be the child’s benefit and covered. But the mother’s medical costs (i.e. cesarian) would be the sponsor’s?
The moral of the story is - you are potentially putting yourself on the hook for enough cost to wipe yourself out. You are relying on good fortune and good intentions, and only one is in everyone’s control.
My POV, $28,000 is not a lot of money. There’s a reason why the INS would like to be sure someone makes enough money to support 2 people before they bring another person into the country.
It occurs to me you would be better off even if you took a loan for, let’s say, $10,000 or so, and paid your buddy to design a web site for you; so he could declare it as income if that puts him over the $28,000 threshhold. Then he could sort of pay you back - I mean, give you some gifts as expression of gratitude as time goes on, since we do not want to be fooling the IRS or INS - these were legit business transactions.
At least then your liability would be limited to him not expressing gratitude in a timely manner rather than unlimited financial exposure.
I would consider the term “anchor baby” to imply an intent on the part of the parent to use the child’s citizenship to avoid an otherwise lawful requirement that they leave the country. If they have already been granted permanent residency and were not in serious danger of deportation, then I would not consider any children they had in this country to be “anchor babies”. One of my grandparents that I remember from childhood (he died when I was fairly young) was the child of immigrants, but there was never an implication that my great-grandparents had him in order to guarantee US residency or prevent themselves from being deported.
Now, if a Peruvian college girl in the US on a student visa (that expires after graduation) just ups and decides to get knocked up at a party so she can have a US citizen child to sponsor her for permanent residency - that’s an anchor baby.
) My friend has asked me to be a co-sponsor.