Q: As a co-sponsor of my brother's wife, am I in any way responsible for providing insurance, or penalties, under ACA?
My brother, a US citizen, is moving back to the US with his wife, a non-citizen, and children after many years spent in Japan. Since he doesn't have an income here in the US, yet, he needs a co-sponsor for his wife. I understand that according to the Affordable Care Act she is required to have insurance but as an immigrant is prohibited from receiving any means-tested aid from the government. As the co-sponsor, will I be required to provide that insurance, or will I be penalized/fined if she doesn't have coverage? The cost of additional health insurance, not to mention the ACA "fair share" penalty of 2%, is prohibitive. They plan on moving back to AL while I live in SC.
A: Your responsibilities are stated in the instructions and body of the I-864 Affidavit of Support; USCIS.gov/i-864.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.