Q: My husband is a New Zealander. I am a US citizen. Spousal Visa:do I have to pledge to be his sponsor & financial guardi

A: The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner (you would be the petitioner for your husband) to obtain an immigrant visa or adjustment of status:

All immediate relatives of U.S. citizens which include spouses who qualify for immigration to the United States under one of the family based preferences.

Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant (your husband) named on the affidavit. The individual who signs the affidavit of support (yourself) becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.

An affidavit of support is a legally enforceable contract, and the sponsor’s responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).

A: You would be named as his sponsor. If you do not have adequate income or assets to meet USCIS requirements (see USCIS for 864P at: https://www.uscis.gov/archive/archive-forms-updates/update-form-i-864p-poverty-guidelines-new-edition-dated-030115 for family size and corresponding income requirements); you will likely need a joint sponsor, usually a US citizen who does meet the 864P standards under his/her own family circumstances, plus the immigrant(s). Adding a joint sponsor would not relieve you of responsibility for the immigrant but would add a second person who is jointly responsible.

A: Yes. You sponsor him both as a US citizen wife and also sponsor him in your capacity as his financial guarantor. You wear two hats. If you don’t have the financial means to qualify then you can engage the help of a joint financial sponsor.

A: In addition to what other colleagues have already stated, I recommend that you read pages 6-7, in particular, of Form I-864. It spells out your obligations. Available online at: https://www.uscis.gov/system/files_force/files/form/i-864-pc.pdf?download=1 Consider scheduling a consultation with a competent immigration attorney to discuss more fully this and other forms that would need to be filed in any prospective marriage-based immigration case.

A: Yes. If you are the US Citizen spouse of a New Zealand Citizen who wants to immigrate to the United States. The petitioner spouse is the first sponsor. If the spouse does not have enough income to be the sole sponsor, there can be joint-sponsors or co-sponsors added. Being a financial sponsor or financial guardian is a big responsibility and this I suggest you as a sponsor and or other joint or co-sponsors read the responsibility it entails.

I strongly suggest you engage the services of a good immigration attorney to help you navigate this process. Remember the public charge is strongly looked into by USCIS.

I bid you good luck,

Ana S. Mendieta, Esq.