Signing Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act, as a sponsor means entering a contract with the U.S. Government and undertaking specific financial and legal responsibilities for the immigrant you’re sponsoring. An I-864 affidavit shows the government an immigrant won’t rely on them for financial support. Both family-based and employment-based immigrants file an Affidavit of Support.

Sponsor’s Responsibilities

As an I-864 sponsor, you’re responsible for:

• Providing Financial Support
  • Or any support that helps I-874 beneficiary maintain an income at no less than 125 percent of the Federal Poverty Guidelines, including for additional household members.
  • The threshold is 100% of the Poverty Guidelines for military spouses or children under the age of 21.
  • Support must be paid in cash or any in-kind method convertible into cash.
    • Read the Federal Poverty Guidelines and Household Size to learn the exact amount of support required.
  • Reporting any Change of Address
    • Filling a form I-865, or Sponsor’s notice of Change of Address, within thirty days of any change in address.
  • Cover Financial Liabilities
    • The government uses the sponsors assets and income for determining the immigrant’s eligibility for certain federal, state, or local forms of benefits.
    • The government can seek reimbursement for any benefits granted to the immigrant from the sponsor.
      • Immigrants have the right to sue their sponsor if they’re not receiving adequate support.
    • Complying with Enforcement
      • The sponsor submits to the jurisdiction of any federal or state court that has authority to enforce I-864 obligations.
        • If they don’t comply, they’ll receive a court order mandating repayment to the government and financially liability for any attorney the immigrant incurred.
      • Ending Fulfillment of Obligations when Necessary
        • The sponsor’s obligations under the I-864 typically last until:
          • The immigrant becomes a citizen.
          • The immigrant earns or is credited with about 10 years of work (i.e., 40 quarters) under the Social Security Act.
          • If the immigrant loses lawful permanent resident status and permanently leaves the U.S.
          • If the immigrant’s placed in removal proceedings but then gains a new green card based on a new affidavit of support.
          • If the immigrant dies.
          • If the sponsor dies, their estate isn’t liable for future support, only obligated support accrued before death.
          • A divorce doesn’t end the sponsor’s I-864 obligations.

Conclusion

Sponsors are financially responsible for supporting the immigrant at a level above the poverty line. Must inform U.S. Citizenship and Immigration Services (USCIS) of any change of address. They can be sued by the immigrant, or a government agency if they don’t provide support or if they’re required to repay government benefits. Said obligations last until the immigrant becomes a U.S. citizen, or until about 10 years of work, not upon divorce.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.