What Is Sponsor’s Liability Under I-864 Affidavit of Support?

Before You Sign! Read this!

Sponsoring a family member for a green card is a significant commitment that comes with legal and financial responsibilities. Before signing the affidavit of support, it’s essential to understand the role of the Citizenship and Immigration Services (USCIS) and the consequences of non-compliance.

Many sponsors, joint sponsors, and household members who sign the Affidavit of Support (Form I-864) are unaware of the significant legal obligations and risks they assume.

It is crucial to include family members in the household size calculations, and they may need separate Affidavits of Support and supporting documents if they are following to join the principal applicant.

If you are a U.S. citizen or lawful permanent resident planning to sponsor a family member for a green card, you will likely need to complete Form I-864, Affidavit of Support. This legally binding contract is essential to demonstrate that your relative will not become a public charge—that is, dependent on government assistance.

Even if you’re not the primary sponsor, you might be asked to sign as a joint sponsor if the main sponsor doesn’t meet the income requirements. Before you sign, it’s important to fully understand the legal and financial implications. This guide will break down everything you need to know, from who qualifies as a sponsor to how long the obligations last.

What is Form I-864, Affidavit of Support, and Why is it Required?

Form I-864 is designed to ensure that immigrants do not rely on public assistance. By signing, the sponsor agrees to financially support the immigrant if necessary, ensuring they won’t become a “public charge.” This form is mandatory for most family-based immigration cases and certain employment-based cases. Once the affidavit is completed, sponsors may be directed to submit their documentation to the National Visa Center.

Key Points:

Public Charge Rule: If an immigrant is likely to become a public charge, their green card application can be denied.
Form Availability: You can download Form I-864 for free from the USCIS website

Who Can Be a Sponsor or Joint Sponsor?

To qualify as a financial sponsor, you must meet the following criteria:

Be a U.S. citizen, U.S. national, or lawful permanent resident. Lawful permanent residents must establish and maintain their LPR status to fulfill their roles as financial sponsors.
Be at least 18 years old.
Reside in the U.S. or its territories. If living abroad, you must prove your intent to return to the U.S.

Sponsor Obligations: What Are You Signing Up For?

Signing Form I-864 is a legally enforceable contract. This means that both the immigrant and government agencies can hold you accountable if you fail to provide the promised support.

Here are your main obligations:

Provide Financial Support: Ensure the immigrant’s income is at least 125% of the Federal Poverty Guidelines (FPG). For 2023, this translates to $18,225 for a one-person household. The sponsor’s income must meet the Poverty Guidelines to support the sponsored individual adequately. If the sponsor’s income falls short, additional sponsors can be sought to share the financial responsibility.
Reimburse Public Benefits: Pay back any federal, state, or local agency that provides means-tested benefits to the immigrant. This includes programs like Medicaid, SNAP (food stamps), and Temporary Assistance for Needy Families (TANF).
Submit to Court Jurisdiction: Be subject to lawsuits in state or federal court if the immigrant or a government agency seeks to enforce the affidavit.
Report Address Changes: Notify the Attorney General and your state of residence within 30 days of moving. This is done by filing Form I-865.

Citizenship and Immigration Services (USCIS) Role

The USCIS plays a crucial role in the immigration process, and their primary responsibility is to ensure that the sponsored immigrant does not become a public charge. The USCIS requires the sponsor to sign an affidavit of support, which is a legally enforceable contract that guarantees the sponsor’s financial support for the intending immigrant.

The USCIS also requires the sponsor to meet the minimum income requirement, which is 125% of the federal poverty guidelines. The sponsor’s income must be sufficient to support the intending immigrant and any dependents. If the sponsor’s income is not enough, they may need to find a joint sponsor or use assets to meet the minimum income requirement.

Who Can Enforce the Affidavit?

The affidavit is a binding contract between you and the U.S. government. The following parties can take legal action to enforce it:

The Sponsored Immigrant: Can sue you directly for financial support if their income falls below 125% of the FPG.
Government Agencies: Can demand reimbursement if the immigrant receives public benefits. For example, if the immigrant uses Medicaid, the state can seek repayment from the sponsor.

The sponsor’s responsibility lasts until the sponsored immigrant becomes a U.S. citizen or accrues the required 40 work quarters, emphasizing the financial support commitment that sponsors must uphold, even in cases of divorce.

Joint sponsors and household members who sign Form I-864A share the same legal obligations and can be sued separately or together. The sponsored immigrant can choose to enforce the contract against any of these parties, but total compensation cannot exceed the required income threshold.

When Does the Obligation End?

Your financial responsibility under the affidavit only ends under specific conditions:

The Immigrant Becomes a U.S. Citizen: Once naturalized, the immigrant no longer requires support.
The Immigrant Earns 40 Qualifying Quarters: This typically equates to 10 years of work under Social Security-covered employment. Quarters earned by a spouse during the marriage or by parents before the immigrant turned 18 can also count.
The Immigrant Dies: Naturally, obligations cease if the sponsored immigrant passes away.
The Immigrant Loses or Abandons Lawful Permanent Resident (LPR) Status: This can occur if the immigrant leaves the U.S. for extended periods or commits certain crimes leading to deportation.
The Immigrant is Ordered Removed but Re-adjusts Status with a New Affidavit: If deported but later re-applies and is accepted, a new affidavit resets obligations.
The Sponsor Dies: The sponsor’s estate may still be liable for past obligations accrued before death.
Substitute Sponsor: If the primary sponsor is no longer available due to death, a substitute sponsor may be designated. The substitute sponsor must have a specific relationship to the intending immigrant and fulfill legal obligations, including completing the necessary forms.

For more information on qualifying quarters, visit the Social Security Administration.

Important Note for Marriage-Based Sponsorships: Even after a divorce, your obligations under Form I-864 remain in effect. This means your ex-spouse could sue you for financial support.

Common Enforcement Scenarios

Most lawsuits arise from marital breakdowns. For example:

Case Study:

Roberta sponsors her husband, Alex. Two years after he immigrates, they separate. Roberta is still legally required to support Alex at 125% of the FPG—about $18,225 in 2023—until one of the termination conditions is met. Even if Alex refuses to work, Roberta remains responsible for his financial support.

Real-Life Implications:

Separation Without Divorce: Even if the couple separates without formalizing a divorce, the sponsor remains responsible.
No Time Limit on Lawsuits: A sponsored immigrant can bring an enforcement action at any time during the contract’s validity, even years after separation.

Limited Defenses for Sponsors

1. Divorce Does Not End the Obligation

Even after a divorce, you must continue supporting the immigrant unless one of the six termination events occurs. This is often a surprise to sponsors who assume divorce nullifies financial responsibilities.

2. State Divorce Settlements Don’t Affect Federal Obligations

Financial settlements like alimony reduce your obligation, but the affidavit’s requirements remain separate. For example, if a court orders $5,000 in annual alimony, but the immigrant requires $18,225 to meet the FPG, the sponsor must still cover the remaining $13,225.

3. No Requirement for Immigrant to Seek Employment

Courts have consistently ruled that sponsored immigrants are not obligated to find work to mitigate the sponsor’s financial burden. This means the immigrant could choose not to work, and the sponsor would still be legally required to provide support.

Key Cases:

Liu v. Mund (7th Cir. 2012)
Younis v. Farooqi (D. Md. 2009)

4. Prenuptial Agreements Typically Don’t Override the Affidavit

Most courts reject prenuptial agreements as a defense unless they specifically address the affidavit and waive the immigrant’s enforcement rights. If the affidavit is signed after the prenuptial agreement, the affidavit generally takes precedence.

Financial Considerations

1. Immigrant’s Income Can Offset Your Obligation

If the immigrant earns income that meets or exceeds 125% of FPG, you are not required to provide additional support. For example, if Alex earns $15,000, Roberta must cover the remaining $3,225.

2. In-Kind Support Doesn’t Count

Free room and board provided by someone else, like the immigrant’s parents, typically do not reduce your obligation. Courts generally only consider taxable income.

3. Bankruptcy Might Not Discharge the Obligation

Some courts have ruled that the affidavit of support constitutes a domestic support obligation, which is not dischargeable in bankruptcy. Sponsors who file for bankruptcy may still be held liable for support payments.

Key Cases:

In re Schwartz (B.A.P. 1st Cir. 2008)

Hrachova v. Cook (Bankr. M.D. Fla. 2012)

Bankruptcy and Form I-864: Does It End Your Obligations?

Unfortunately, filing for bankruptcy does not relieve you of your responsibilities under Form I-864. Courts treat these support obligations similarly to alimony or child support, which are not dischargeable in bankruptcy.

What If You Move? Reporting Requirements and Penalties

As a sponsor, you are legally required to notify USCIS of any change of address using Form I-865 within 30 days of moving.

Penalties for Non-Compliance:

Fines between $250 and $2,000 for failing to report an address change.
Up to $5,000 if the immigrant receives public benefits and you fail to notify USCIS of your new address.

Download Form I-865 from USCIS

Risks and Considerations of Sponsoring an Immigrant

While sponsoring an immigrant can be incredibly rewarding, it’s crucial to understand the potential risks:

Financial Risk: If the immigrant faces hardship and needs public assistance, you may be required to reimburse the government. Proof of having paid state or local taxes is among the various indicators showing the sponsor’s ongoing connection to the U.S.
Legal Liability: The immigrant has the right to sue you in court for financial support.
Long-Term Commitment: Sponsorship is a long-term obligation that doesn’t end with a change in your personal circumstances.
Impact on Credit: While sponsoring won’t directly affect your credit, the financial strain could indirectly impact your ability to secure loans or buy a house.

Consequences of Non-Compliance

Failure to comply with the affidavit of support can have severe consequences for both the sponsor and the sponsored immigrant. If the sponsored immigrant receives means-tested public benefits, the sponsor may be required to reimburse the government for the cost of those benefits.

Additionally, the sponsored immigrant can sue the sponsor for financial support in state or federal court. The sponsor’s responsibility to provide financial support can last for up to 10 years or until the sponsored immigrant becomes a U.S. citizen, earns 40 work quarters credited toward Social Security, or dies.

It’s essential to understand that the affidavit of support is a legally binding contract, and the sponsor’s failure to comply can result in severe consequences, including fines and penalties. Therefore, it’s crucial to carefully review the affidavit of support and understand the legal and financial responsibilities involved before signing.

In conclusion, sponsoring a family member for a green card is a significant commitment that requires careful consideration of the legal and financial responsibilities involved. It’s essential to understand the role of the USCIS and the consequences of non-compliance to ensure that both the sponsor and the sponsored immigrant are aware of their obligations and responsibilities.

Practical Advice for Sponsors

Consult Legal Counsel: Consider speaking with an immigration attorney before signing Form I-864. This can help you fully understand your obligations and avoid unexpected legal issues.
Understand the Long-Term Commitment: The obligation may last many years, especially if the immigrant doesn’t naturalize or meet other termination conditions.
Monitor Changes: Stay informed about the immigrant’s status to know when your obligations may end. Check if the immigrant has naturalized or accrued enough work quarters to terminate the affidavit.

Frequently Asked Questions (FAQs)

Can I withdraw my sponsorship?

No, once you submit Form I-864, it is a legally binding contract that cannot be withdrawn after the immigrant receives their green card.

Does sponsoring affect my ability to buy a house?

While it doesn’t directly impact your credit, the financial responsibility could affect your debt-to-income ratio, influencing loan approvals.

What happens if I lose my job after sponsoring?

Your obligation to support the immigrant remains. If you’re unable to meet the financial requirements, you could face legal consequences.

General Overview

What is the I-864 Affidavit of Support?

The I-864 Affidavit of Support is a legally binding document that a sponsor signs to accept financial responsibility for an immigrant applying for a green card. It demonstrates that the immigrant has adequate means of financial support and is unlikely to become a public charge.

Why is the I-864 required?

The I-864 is required to ensure that immigrants do not become a burden on the U.S. government by relying on certain public benefits.

Who needs to sign the I-864?

Typically, the petitioning sponsor (usually a family member) must sign the I-864. If the primary sponsor does not meet the income requirements, a joint sponsor or household member may also need to sign.

Sponsor’s Legal and Financial Obligations

What financial obligations does a sponsor assume when signing the I-864?

By signing the I-864, the sponsor agrees to support the immigrant financially, ensuring their income remains at or above 125% of the Federal Poverty Guidelines. If the immigrant receives certain public benefits, the government can seek reimbursement from the sponsor.

For how long is the sponsor financially responsible for the immigrant?

The sponsor’s obligations last until one of the following events occurs:
i. The immigrant becomes a U.S. citizen.
ii. The immigrant has worked 40 qualifying quarters (about 10 years) in the U.S.
iii. The immigrant leaves the U.S. permanently.
iv. The immigrant dies.
v. The sponsor dies.

Does divorce terminate the sponsor’s obligations?

No. Divorce does not terminate the sponsor’s obligations under the I-864. The obligations remain in effect until one of the above conditions is met.

Can the sponsor be sued by the immigrant?

Yes. If the sponsor fails to provide financial support and the immigrant’s income falls below 125% of the Federal Poverty Guidelines, the immigrant can sue the sponsor in court for financial support.

Can the government sue the sponsor?

Yes. If the immigrant receives certain means-tested public benefits (like Supplemental Security Income or SNAP), the government can demand reimbursement from the sponsor.

Income and Financial Requirements

What income level is required to sponsor someone?

The sponsor’s income must be at least 125% of the Federal Poverty Guidelines for their household size, which includes the sponsor, their dependents, the immigrant(s), and any other sponsored individuals.

What happens if I don’t meet the income requirement?

If the sponsor doesn’t meet the income requirement, they can use assets to supplement their income or find a joint sponsor.

Can assets be used to meet the requirements?

Yes. Assets such as savings, property, or stocks can be used. The total value of assets must equal at least five times the difference between the sponsor’s income and the required threshold.

What is a joint sponsor, and are they equally liable?

A joint sponsor is someone who meets the income requirements and agrees to share financial responsibility. Yes, they are equally liable under the I-864.

Public Benefits and Reimbursement

Which public benefits can trigger sponsor reimbursement?

Benefits that may trigger reimbursement include:
i. Supplemental Security Income (SSI)
ii. Temporary Assistance for Needy Families (TANF)
iii. Medicaid (in certain cases)
iv. Supplemental Nutrition Assistance Program (SNAP)

Are all public benefits subject to sponsor reimbursement?

No. Not all benefits are means-tested. For example, emergency Medicaid, disaster relief, and some health programs for children and pregnant women do not trigger reimbursement.

How is reimbursement enforced?

The government can sue the sponsor in court for the amount owed. They may also garnish wages or seize assets to recover funds.

Liability in Special Situations

What happens if the sponsor dies?

If the sponsor dies, their obligation under the I-864 terminates. However, if a joint sponsor exists, they remain liable.

What if the immigrant moves out of the U.S.?

If the immigrant permanently leaves the U.S., the sponsor’s obligations end.

Can the obligations be transferred to someone else?

No. Once the I-864 is signed, the obligations cannot be transferred to another person unless a joint sponsor is added at the time of application.

Does the sponsor’s financial hardship affect their liability?

No. Even if the sponsor faces financial hardship, they are still legally obligated to support the immigrant.

What if the immigrant becomes self-sufficient or wealthy?

The sponsor’s obligations remain in place, regardless of the immigrant’s financial independence, until one of the termination conditions is met.

Common Misconceptions

Does the immigrant need to live with the sponsor?

No. The immigrant is not required to live with the sponsor.

Does signing the I-864 mean the sponsor must provide day-to-day financial support?

Not necessarily. The sponsor is only required to provide support if the immigrant’s income falls below 125% of the Federal Poverty Guidelines.

Is the I-864 a credit guarantee or co-signing a loan?

No. The I-864 does not make the sponsor liable for the immigrant’s personal debts, loans, or credit card bills.

Can a sponsor withdraw the I-864 after submission?

A sponsor can withdraw the I-864 before the immigrant becomes a permanent resident. After that, the affidavit is binding.

Legal Consequences of Non-Compliance

What are the consequences if a sponsor refuses to support the immigrant?

The immigrant can sue the sponsor in court, and the government can seek reimbursement for benefits provided. Court judgments can lead to wage garnishment or asset seizure.

Can failing to meet obligations affect the sponsor’s credit score?

Yes. If the government sues and obtains a judgment against the sponsor, it could negatively affect their credit score.

Are there criminal penalties for failing to meet obligations?

No. The I-864 is a civil contract, and failure to meet its terms results in civil, not criminal, penalties.

Miscellaneous

Can a sponsor revoke the affidavit if the immigrant behaves irresponsibly or criminally?

No. The I-864 remains valid regardless of the immigrant’s behavior, unless one of the specific termination conditions is met.

Does the I-864 affect the sponsor’s ability to sponsor others in the future?

Potentially. If the sponsor has ongoing obligations from a previous affidavit, those responsibilities will be considered when assessing their ability to support additional immigrants.

Can a sponsor limit their liability in the affidavit?

No. The terms of the I-864 are standardized and legally binding. Sponsors cannot modify or limit their liability.

When Should You Consult an Immigration Attorney?

Immigration law can be complex, and sponsorship is a serious legal commitment. It’s advisable to seek professional legal guidance if you:

Are unsure about the legal implications of sponsorship.
Need clarification on your financial obligations.
Have concerns about the immigrant’s eligibility or your ability to meet the income requirements.
Encounter disputes or legal action related to sponsorship.

Sponsoring an immigrant is a serious, long-term commitment. Before signing Form I-864, consider consulting an experienced immigration attorney to understand the legal and financial risks involved.

Filling out Form I-864 is more than just a formality—it’s a binding legal agreement that comes with long-term financial responsibilities. Before committing, make sure you fully understand the implications and have a plan to meet the obligations, no matter what happens in the future.

For more personalized advice, always consult with a legal professional.

Additional Resources

orm I-864 – Affidavit of Support Under Section 213A of the Act.
Form I-864A – Contract Between Sponsor and Household Member.
Form I-864EZ – Simplified Affidavit of Support.
Form I-864P – HHS Poverty Guidelines.
Form I-865 – Sponsor’s Notice of Change of Address.

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