Limitation of Liability of Financial Guarantor (Sponsor) for Permanent Resident
When inviting relatives to the U.S., one assumes the financial responsibilities as the sponsor of the intending immigrant. In other words, if the invitation is made, the sponsor must show proof of his/her financial ability to support the sponsored so that the sponsored can make a living without receiving any public benefits.
If the sponsored receives any means-tested benefits, the sponsor is responsible for repaying the cost of the benefits. Therefore, if the sponsor does not have sufficient financial ability, a joint sponsor should be sought.
To be a financial guarantor (sponsor), one must be a U.S. citizen or permanent resident at least 18 years of age whose permanent residence is in the U.S. In addition, one must have an income exceeding 125% of the minimum cost of living as defined by Poverty Guideline. The sponsor’s required income depends on how many family members are invited.
For example, if the sponsor has a spouse and two children and invites a younger brother and his spouse, the sponsor’s family is considered a family of six. This requires a minimum income of $46,488 according to the 2022 Poverty Guideline. If the sponsor has previously invited his/her parents, the household size now is considered eight, requiring a minimum income of $58,288.
To show proof of financial ability, the sponsor must submit one-year tax return, paystubs, and identification documents. Even when there is a joint sponsor, the petitioning sponsor must sign the Affidavit of Support (I-864). If the sponsor’s income does not meet the minimum requirement, the income of family members living together can be combined. The sponsor may also use his/her assets.
One may also qualify to file the Affidavit of Support even if there is no record of tax return. In particular, citizens over the age of 21 wishing to petition for their parents’ immigration may still be students who do not have record of tax return. In such case, they may submit paystubs and proof of employment once they start working and earning income.
In addition, they can show that they continue to generate income while filing tax returns that exceed the minimum income guideline prior to permanent residency interview. The sponsor may also use the income of the sponsored if the sponsored is already living with the sponsor and filing a joint tax return.
The sponsor’s responsibility lasts until the invited family member (1) becomes a U.S. citizen, (2) has worked for 10 years and paid social security tax, (3) returns to Korea and forfeits permanent residency, or (4) has died. It should be noted that divorce or separation does not end the sponsorship obligation.
While it may be rare in reality, the sponsor may have to pay for government benefits that the sponsored receives within 10 years of attaining permanent residency.
Law Offices of Gary J. Kim
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info@gjklawgroup.com