What Exactly is Form I-864?

Form I-864, the Affidavit of Support, is a legally enforceable promise that a sponsor makes to the U.S. government. By signing this form, you are guaranteeing that the immigrant you are sponsoring will have adequate financial support and will not become a public charge, meaning they won’t need to rely on certain government benefits. Think of it as your commitment to financially support your loved one as they establish their life in the United States.

Who Must Sign Form I-864?

Typically, there are two types of sponsors who may need to sign Form I-864:

• Primary Sponsor: This is almost always required and must be the U.S. citizen or lawful permanent resident who is petitioning for the immigrant family member’s green card.
• Joint Sponsor: If the primary sponsor’s income isn’t sufficient to meet the government’s income requirements (at least 125% above the Federal Poverty Guidelines), a joint sponsor is necessary. A joint sponsor shares the same legal responsibilities as the primary sponsor.

Sponsor Eligibility: Do You Qualify?

To be eligible to be a sponsor, you must meet certain criteria:

• Age: You must be at least 18 years old.
• Status: You must be a U.S. citizen or a lawful permanent resident.
• Income: You must demonstrate an annual income that is at least 125% of the Federal Poverty Guidelines for your household size (including yourself, dependents, and the sponsored immigrant). You can find the most current poverty guidelines on the USCIS website: www.uscis.gov/i-864p.

Key Responsibilities of a Sponsor

As a sponsor, your primary responsibility is to ensure that the sponsored immigrant maintains an income of at least 125% of the Federal Poverty Guidelines. If their income falls below this level, you are legally obligated to provide them with financial assistance to bridge the gap.

Financial Risks and Important Considerations

Understanding the financial implications of signing Form I-864 is crucial:

• Legal Consequences: This is a serious legal commitment. If you fail to provide the necessary financial support, the sponsored immigrant can sue you to enforce the Affidavit of Support. You could be held liable for financial support as well as their legal and court fees.
• Bankruptcy is Not an Escape: Filing for bankruptcy will not release you from your obligations under Form I-864. This commitment remains even in cases of bankruptcy.
• Repayment of Government Benefits: If the sponsored immigrant receives certain “means-tested” public benefits (like Medicaid, SNAP, TANF, or SSI), the government can seek reimbursement from you for the cost of those benefits. It’s important to note that you are not responsible for repaying non-means-tested benefits such as emergency medical care or unemployment benefits.

When Do Your Sponsorship Responsibilities End?

Your financial responsibilities as a sponsor are not indefinite. They conclude when any of the following occur:

• Citizenship: The sponsored immigrant becomes a U.S. citizen.
• Work History: They have worked for 40 qualifying quarters (approximately ten years) in the U.S.
• Permanent Departure: They permanently leave the United States.
• Deportation and Subsequent Residency: They are deported but later regain U.S. lawful permanent residency through a different sponsor.
• Death: The sponsored immigrant passes away.

Important Note: Divorce Does Not End Sponsorship

A common misconception is that divorce terminates your obligations under Form I-864. This is not true. Divorce has no bearing on your legal responsibilities as a sponsor. Furthermore, private agreements, including pre-nuptial, post-nuptial, or divorce agreements, are generally not recognized by courts as valid reasons to avoid your obligations under the Affidavit of Support.

Withdrawing Sponsorship: Limited Options

You can withdraw your sponsorship only if you do so before the green card application is approved. Once the sponsored immigrant becomes a lawful permanent resident, your obligations are fixed and cannot be withdrawn unless one of the termination conditions mentioned earlier is met.

Don’t Forget Address Change Notification!

Sponsors have an ongoing responsibility to keep their address updated with USCIS. You are legally required to report any change of address within 30 days of moving by submitting Form I-865 to USCIS. Failure to do so can result in fines of up to $5,000.

Understand Your Commitment – Download Our Free Guide

Signing Form I-864 is a significant legal and financial commitment. It’s essential to fully understand these obligations before you sign. To help you navigate this complex process, Gray Whale Law has created a detailed PDF guide: “Understanding Your Responsibilities Under USCIS’s Affidavit of Support.”

This guide provides a comprehensive overview of Form I-864, breaking down your responsibilities and potential risks in clear, easy-to-understand language.

Click to Download: Understanding Your Responsibilities Under USCIS’s Affidavit of Support

Have Questions Before Signing?

Immigration laws, especially those related to financial sponsorship, can be complex and confusing. Don’t navigate this process alone.

At Gray Whale Law, we are dedicated to providing clear and reliable guidance to families throughout their immigration journey. If you have any questions about Form I-864 or family-based immigration, please contact us today for a consultation.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Please consult with an attorney at Gray Whale Law for advice tailored to your specific situation.