Altus, OK asked in Immigration Law, Tax Law and Health Care Law for Alabama

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.

1 Lawyer Answer
Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Your responsibilities are stated in the instructions and body of the I-864 Affidavit of Support; USCIS.gov/i-864.

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