Legal Question in Immigration Law in New Jersey

Personally, I've never seen, read or heard of a case in which the government sues a sponsor for reimbursement. That's just my experience. I did a quick Google search, and this article came up on some anti-immigrant website. Looks like they did their research, and the government doesn't appear to be enforcing I-864s. However, that's not a reliable source, so I wouldn't take it as a given. It's a legally enforceable contract, and the government can sue the sponsor if they choose. Along the same lines, the I-864 obligation can and often does come up in divorce proceedings. A federal court in NJ recently ruled that divorce doesn't eliminate the sponsor's I-864 obligation, even if the spouses have a prenup waiving alimony. I don't practice family law, but I just want to point out that it is a binding contract with real legal effects.

My suggestion is that if you think the sponsored immigrant might apply for a means-tested benefit for which you may be responsible for reimbursement, then you should not act as a joint sponsor. Once you submit the I-864, you are agreeing to be liable for reimbursement to any government agency for any means-tested benefit that a sponsored immigrant might receive. You would only be released from responsibility if the sponsored immigrant naturalizes, dies, gives up their greencard & leaves the U.S., or pays into U.S. Social Security for 40 qtrs (10 yrs). If you think it's a risk, then go with your gut feeling.

Please call me at (800) 750-1828. Kind regards, RDM