If you are a U.S. citizen or permanent resident planning to sponsor a relative for a Green Card, you must sign an Affidavit of Support, known as Form I-864.
What is Form I-864?
Form I-864 is a legally binding contract in which you promise to financially support the person you are sponsoring. This ensures they will not rely on government assistance.
Who Must Sign Form I-864?
Primary Sponsor: The U.S. citizen or permanent resident petitioner requesting the immigrant’s Green Card.
Joint Sponsor: If the primary sponsor’s income does not meet the requirements, a co-sponsor is needed. This sponsor shares the same responsibilities as the primary sponsor.
Sponsor Eligibility Requirements
Must be at least 18 years of age.
Must be a U.S. citizen or permanent resident.
Must have an income at least 125% above the Federal Poverty Guidelines. You can find these guidelines at www.uscis.gov/i-864p.
Key Sponsor Responsibilities
The sponsor must ensure that the sponsored immigrant maintains an income of at least 125% of the Federal Poverty Guidelines and must provide financial assistance if their income falls below this level.
Financial Risks and Considerations
Legal Consequences: If you do not provide financial support when the immigrant needs it, the sponsored individual can sue you. You may also be liable for court and legal costs.
Bankruptcy: Declaring bankruptcy does not exempt you from your obligations under Form I-864.
Government Benefits: You must reimburse any “means-tested” benefits the sponsored person receives, such as Medicaid, SNAP, TANF, or SSI. You are not responsible for reimbursing non-means-tested benefits, such as emergency medical services or unemployment benefits.
When Do Your Sponsorship Responsibilities End?
Your financial duties as a sponsor conclude only when one of the following occurs:
The person becomes a U.S. citizen.
They complete 40 quarters of work (approximately ten years).
They permanently leave the United States.
They are deported but obtain U.S. residency again through a different sponsor.
Either the sponsor or the sponsored person passes away.
Ongoing Obligations After Divorce
Divorce does not end your responsibilities under Form I-864. Furthermore, courts generally do not recognize private agreements—such as prenuptial, postnuptial, or divorce settlements—as valid reasons to avoid these obligations.
Withdrawing Sponsorship
You may withdraw your sponsorship before the Green Card application is approved. Once permanent residency is granted, your obligations are fixed unless they terminate under one of the conditions listed above.
Change of Address Notification
You must report any change of address within 30 days by filing Form I-865 with USCIS. Failure to do so can result in fines of up to $5,000.
Understanding Your Commitment Signing Form I-864 carries significant legal weight. Ensure you fully understand these obligations before proceeding. Consider consulting an attorney to ensure the person you are sponsoring can be supported without public assistance.
This post is for general informational purposes only and does not constitute legal advice. Please contact our office if you have any questions.
