What Immigrant Sponsors Should Know Before Signing Form I-864 Affidavit of Support

Here, we'll take a look at the legal implications of signing and submitting the Form I-864 Affidavit of Support. Doing so is a serious and long-term obligation, which should not be done lightly or with anything less than full trust in the immigrant's intentions. Also try to read all the instructions that come with the form.

What Is the Purpose of Having Sponsors Fill Out Form I-864?

The idea behind this form is to provide assurance to the U.S. government that the immigrant will not end up needing government-provided assistance owing to low income; in other words, that they won't become a "public charge." Likelihood of becoming a public charge is a ground of inadmissibility, meaning that it can lead to denial of one's green card application.

Can You Prepare the Easier Version of the USCIS Affidavit of Support?

If you are the immigrant's main sponsor, you might not have to fill out the long version of the Form I-864. Some sponsors get to use a considerably simpler Form I-864EZ.

If you are sponsoring only one immigrant, all your income comes from earnings or a retirement plan are shown on a W-2, and your income alone is enough to satisfy the required Poverty Guidelines levels, be sure to use this easier form! (For information on how much income the U.S. petitioner will need to show, see How Much Income an Immigrant's Sponsor Needs to Show According to the Poverty Guidelines.)

U.S. Family Sponsor's Obligations Upon Signing Form I-864

The Form I-864 Affidavit of Support is a legally enforceable contract, meaning that either a governmental agency or the sponsored immigrant can take the sponsor to court if the sponsor/petitioner fails to provide adequate support to the immigrant. In fact, the law places more obligations on the sponsor than on the immigrant—the immigrant could decide to quit a job and sue the sponsor for support.

When a government agency sues the sponsor, it can collect enough money to reimburse any public benefits paid to the immigrant. When an immigrant sues, they can collect enough money to bring their income up to 125% of the amount listed in the U.S. government's Poverty Guidelines (as shown in the chart in Form I-864P).

How Long Does the Sponsor's Responsibility Under Form I-864 Last?

The sponsor's responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States. If the immigrant has already been living in the U.S. and earned work credits before applying for the green card, those count toward the 40.

In fact, in marriage-based cases, work done by the U.S. petitioning spouse during the marriage can be counted toward these 40 quarters.

CAUTION

A sponsor in a marriage-based case remains legally obligated even after a divorce. Yes, a divorced immigrant spouse could decide to sit on a couch all day and sue the former spouse for support. (See Does I-864 Really Force Me to Support Immigrant Ex-Spouse Who Has Plenty of Money or Can Work?) The sponsor might wish to have the immigrant sign a separate contract agreeing not to do this, but it is not clear whether courts would enforce such a contract.

What If the U.S. Petitioner or Sponsor Goes Bankrupt?

Even a bankruptcy does not necessarily end your I-864 obligations. Although most debts and contractual obligations are dischargeable in bankruptcy, so-called "domestic support obligations" are an exception. Such obligations are defined as alimony, maintenance, or support owed to or recoverable by one's spouse, former spouse, or child. Under U.S. court decisions—for now—these also include I-864 support obligations.

Who Can Serve as an Immigrant's Financial Sponsor

The person petitioning the immigrant and any additional financial sponsor(s) must meet three requirements to serve in this role. Each sponsor must be:

• a U.S. citizen, national, or permanent resident
• at least 18 years of age, and
• live in the United States or a U.S. territory or possession.

How Much Money Does the Immigrant's Sponsor Need to Earn?

As a practical matter, of course, the sponsor will have to be doing well financially to get the immigrant approved for a green card. Even if the sponsor's income and assets are lower than the Poverty Guidelines demand, however, the sponsor must sign an Affidavit of Support. But in a case of low income, the sponsor will have to look for additional sponsors to help the foreign-born person immigrate.

Alternatively, sponsor might be able to bring their income up to the required level—rather than rely on a joint sponsor—by adding the would-be immigrant's income to their own. This is only possible, however, if the would-be immigrant's income will continue from the same source after getting the green card.

What If the U.S. Sponsor Currently Lives in Another Country?

If both the sponsor and the would-be immigrant are presently living overseas, the U.S. consulate will require that the sponsor show either that this is a temporary absence and that the sponsor has maintained ties to the U.S., or that the sponsor intends to reestablish domicile in the U.S. no later than the date that the immigrant is admitted as a permanent resident.

Some of the ways the sponsor can show having maintained ties to the U.S. include having paid state or local taxes, kept U.S. bank accounts, kept a permanent U.S. mailing address, or voted in U.S. elections.

What Is the Penalty If a Sponsor Doesn't Follow Through With I-864 Obligations?

Sponsors of immigrants who try to run away from their support obligations will face fines. The U.S. government has anticipated that some sponsors might try to escape their financial obligation by simply moving and leaving no forwarding address. That's why the law says that the sponsor must report a new address to USCIS on Form I-865 within 30 days of moving.

A sponsor who does not comply faces fines of between $250 and $2,000; or $5,000 if the sponsor knows the immigrant has collected need-based public benefits.

Getting Legal Help

You might ultimately wish to consult with or hire an experienced immigration attorney to clarify the sponsor's role and extent of financial risk.