What Terminates Obligations Under I-864?

When you sign an Affidavit of Support Form I-864 to sponsor an immigrant for a green card or visa, you’re taking on big financial and legal risks. As a sponsor, you’ll need to make sure the immigrant you’re sponsoring doesn’t fall below the federal poverty level and may also have to pay back the government for any public benefits the immigrant receives.

Before you sign the I-864, you need to know the full extent of your financial responsibility. Consulting with an immigration attorney can help potential sponsors understand their obligations and figure out if they can meet those long-term legal responsibilities. Since the affidavit is a legally binding contract, you need to consider the immigrant’s situation and your financial situation before you commit to sponsorship.

This article explains what sponsor liability means, what’s involved, and what happens if you don’t meet those responsibilities.

Understanding Your Responsibilities as a Sponsor

The I-864 Affidavit of Support, which every petitioner must file for a family-based green card or immigrant visa, is a legally enforceable contract between the sponsor and the U.S. government, enforceable against the sponsor, the immigrant, and others as defined by 8 U.S.C. § 1183a(a)(1). The Ohio Sixth Appellate District in Davis v. Davis (2012 Ohio 2088, May 11, 2012) held the contract is enforceable.

The I-864 sponsor, who must show they meet the minimum income requirement, makes two key promises to the U.S. government:

1. Financial Support: The sponsor agrees to financially support and maintain the immigrant at 125% of the Federal Poverty Guidelines (FPG) for their household size. The language of the I-864 is clear: “If the intending immigrant becomes a permanent resident in the U.S. based on an I-864 you signed, then until your obligations under I-864 end, you must… Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125% of the Federal Poverty Guidelines for his or her household size (100% if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces and the person is your spouse or child under 21).” This includes considering the sponsored immigrant’s income in determining the sponsor’s obligations.
2. Reimbursement: The financial sponsor agrees to repay any federal, state, or local agency that provides means-tested public benefits to the immigrant. This can result in the sponsor being sued to recover the cost of those benefits.

Legal Obligations of the Sponsor

The legislative history of the Immigration and Nationality Act § 213A states the I-864 was designed to promote self-sufficiency among immigrants by making the sponsor financially responsible so the immigrant doesn’t fall below the federal poverty line and becomes a public charge.

By signing the I-864 the sponsor agrees to:

• Financial Maintenance: Provide financial support to maintain the immigrant’s income at or above 125% FPG.
• Reimbursement Liability: Repay the government for any means-tested public benefits the immigrant receives.
• Jurisdiction: Be subject to the jurisdiction of U.S. federal or state courts for any enforcement actions related to the affidavit.
• Address Notifications: Notify the Attorney General and the state of residence within 30 days of any change of address.

These obligations can be enforced by the sponsored immigrant and any government agency that provides means-tested benefits, as they are third-party beneficiaries of the contract.

Termination of Sponsorship Obligations

The sponsor’s obligations under the I-864 don’t last forever. They end under the following conditions:

• The sponsored immigrant becomes a U.S. citizen.
• The immigrant accumulates 40 qualifying quarters of work under the Social Security Act.
• The immigrant dies.
• The immigrant loses or abandons their lawful permanent resident (LPR) status and leaves the U.S.
• The immigrant is placed in removal proceedings but later re-adjusts their status.
• The sponsor dies.

A sponsored immigrant can earn qualifying quarters by working in the U.S. with a valid Social Security card. Up to four quarters can be earned each year and an immigrant can also be credited with quarters earned by a spouse during the marriage or by a parent before the immigrant turned 18.

Important Notes:

• Social Security Work Quarters Exclusion: Work quarters do not count toward the immigrant’s qualifying quarters if they received means-tested public benefits during that time.
• LPR Status and Abandonment: Lawful Permanent Resident (LPR) status can be lost or abandoned through actions such as criminal activity, fraud, or prolonged absences from the U.S. If an immigrant loses their LPR status, the sponsor’s obligations may end, but obligations remain enforceable until that time.
• Sponsor’s Obligations upon Death: If the sponsor dies, their estate may still be held liable for any financial obligations incurred before their death, depending on state law.
• Activation of Sponsorship Obligations: The sponsor’s financial obligations under the I-864 only begin once the immigrant obtains LPR status. Sponsors can withdraw their Affidavit anytime before the immigrant becomes an LPR.
• Enforcement by Immigrants and Government Agencies: Both the immigrant and any government agency that provides public benefits to the immigrant have the legal right to enforce the I-864 agreement.
• Address Change Notifications: Sponsors must notify authorities of any change in address within 30 days. Failure to do so can result in fines ranging from $250 to $5,000.

Considerations and Costs

1. Opportunity Costs: Sponsoring an immigrant limits your ability to sponsor others in the future, as it’s a long-term financial commitment. This is an essential factor if the immigrant isn’t an immediate family member.
2. Additional Costs During Hard Times: Life’s challenges—such as job loss or financial setbacks—do not relieve the sponsor from their obligations. Unexpected expenses may increase financial strain, especially in difficult times.
3. Enforceability and Legal Limitations: The Affidavit of Support is a binding contract that cannot be canceled by private agreements, such as prenuptial or post-divorce settlements. Courts have upheld that these private agreements cannot override the I-864 obligations.
4. Withdrawal Before LPR Status: The sponsor may withdraw the Affidavit any time before the immigrant attains lawful permanent resident (LPR) status.

I-864 Enforceable by Local or Federal Government Against Sponsor

The I-864 Affidavit of Support is a legally enforceable contract requiring sponsors to repay the government for any means-tested public benefits provided to the immigrant they sponsor. Means-tested benefits are provided based on the financial need of the applicant and are designed for low-income individuals who meet specific income and asset requirements. Here’s an overview of the benefits that require reimbursement, exceptions, and the enforcement process.

Means-Tested Public Benefits That Require Reimbursement

1. Medicaid
   • Overview: Medicaid is a collaborative federal and state program that offers health coverage to low-income individuals, including certain immigrants
   • Reimbursement: If a sponsored immigrant uses Medicaid (except for emergency services), the sponsor may be required to repay these costs.
2. Supplemental Nutrition Assistance Program (SNAP)
   • Overview: SNAP, or food stamps, assists in purchasing food.
   • Reimbursement: Sponsors may need to repay the value of SNAP benefits received by the immigrant.
3. Supplemental Security Income (SSI)
   • Overview: SSI provides financial assistance to disabled, elderly, or blind individuals with limited income.
   • Reimbursement: If an immigrant receives SSI, the sponsor may have to repay these funds.
4. Temporary Assistance for Needy Families (TANF)
   • Overview: TANF offers temporary financial aid to low-income families with children.
   • Reimbursement: Sponsors may be liable for any TANF benefits provided to the immigrant.
5. Public Housing
   • Overview: Public housing provides low-cost housing to qualified low-income families.
   • Reimbursement: Sponsors may need to repay public housing costs received by the immigrant.

Sponsors are only liable for benefits deemed means-tested at the time the immigrant received them.

Exceptions to Reimbursement Requirements

Certain exceptions exist where sponsors are not liable for repaying public benefits:

1. Emergency Medical Services
   • Overview: Medicaid benefits for emergency medical services are exempt.
   • Exemption: Benefits for life-threatening conditions or urgent medical care do not trigger reimbursement.

1. Children and Pregnant Women
   • Overview: Sponsored immigrants who are under 21 years old or pregnant women, including those in the 60-day postpartum period, may be exempt from sponsor reimbursement if they receive Medicaid or CHIP benefits.
   • Exemption: This exemption is available in states that have elected to cover lawfully residing children and pregnant women under Medicaid or CHIP through the CHIPRA 214 option. Additionally, the Child Citizenship Act provides exemptions for children who automatically acquire U.S. citizenship under certain conditions, such as residing in the U.S. under the custody of a U.S. citizen parent before their 18th birthday.
2. Victims of Domestic Violence or Extreme Cruelty
   • Overview: Immigrants who are victims of domestic violence, battery, or extreme cruelty, and their children or parents may be exempt from sponsor deeming and reimbursement.
   • Exemption: These individuals are protected under federal law and the sponsor does not have to repay the cost of public benefits during the exemption period.

Steps to Enforce Reimbursement

If a sponsored immigrant receives means-tested public benefits, enforcement actions against the sponsor may proceed as follows:

1. Benefit Use Identification: The process starts when a state or federal agency identifies a sponsored immigrant has used public benefits. The agency reviews the immigrant’s case to see if the benefits received are means-tested public benefits covered under I-864.
2. Sponsor Notification: Once the agency determines benefits were provided, they must notify the sponsor of legal responsibility. This notification will include a detailed list of benefits received by the immigrant, the amount to be repaid, and a description of the sponsor’s obligation under Form I-864.
3. Reimbursement Demand: The state or federal agency will issue a formal demand for reimbursement to the sponsor. This demand will be sent by certified mail or personal service to ensure the sponsor receives it. The demand letter will specify the amount owed and a deadline—usually 45 days—to respond.
4. Sponsor Response: The sponsor has a limited time to respond to the demand. They can accept financial responsibility, pay in full, negotiate a payment plan, or contest the claim. If the sponsor disputes the amount or the obligation to pay, they must provide evidence to support their position.
5. Legal Action for Non-Compliance: If the sponsor doesn’t respond or refuses to pay, the agency will escalate the matter by filing a lawsuit in federal or state court. The court process involves formal legal proceedings where the government will seek a judgment against the sponsor for the amount owed plus interest and penalties.
6. Judgment and Collection: If the government wins in court, a judgment is entered against the sponsor. This judgment can be collected through various means such as wage garnishment, liens on property, or seizure of bank accounts. The sponsor will also be responsible for legal fees and court costs associated with the enforcement action.

Role of Department of Homeland Security (DHS)

The Department of Homeland Security (DHS) has a supporting role in enforcing I-864 reimbursement. States and federal agencies must report to DHS when a sponsor doesn’t meet their obligations. DHS will then track these reports and use them in future immigration proceedings.

I-864 Enforceability by Immigrant Against US Sponsor

If the sponsor doesn’t maintain the immigrant at 125% of the federal poverty level, the sponsored immigrant can sue. This obligation begins when the immigrant gets a green card or adjustment of status and continues until the immigrant naturalizes, accumulates 40 quarters of work, permanently leaves the US, or dies.

Courts have ruled in favor of sponsored immigrants, including former spouses, who sued their sponsors for not meeting the I-864 obligations.

Interestingly, a divorce doesn’t terminate the sponsor’s financial responsibility. This means that no matter what happens in the divorce, the sponsoring spouse must continue to meet their I-864 obligations. Family law and divorce attorneys are often surprised to find this out.

When calculating damages in these lawsuits, the court will look at whether the immigrant’s income was at 125% year by year. Sponsors can’t use the immigrant’s total income over several years to argue they met the obligation if the income was short in any one year.

Legal Framework and Sponsor Responsibilities

The I-864 Affidavit of Support is a legally binding document and a critical part of the US immigration process. Despite its importance, many sponsors and even some attorneys don’t fully understand the legal obligations it creates.

This lack of knowledge can have big consequences, especially for joint sponsors and household members who also sign the form. Everyone involved must fully understand these obligations before signing.

Fortunately, it’s not common for sponsored immigrants to sue their sponsors. When they do, it’s usually a former spouse after a marriage has ended. Although the sponsor’s obligations are clearly stated in the I-864, many sponsors are surprised when a financial support claim is made and even more surprised by how limited their defenses are.

Common Enforcement Situations

Enforcement actions are most common in situations where spouses have separated or divorced. Even after separation and later divorce, the sponsor must maintain the immigrant at 125% of the FPG for a one-person household. For 2023, that’s $18,225.

Example: Roberta sponsored her husband Alex, who then moved out. Even though they are separated and later divorced, Roberta must still provide Alex with $18,225 a year until the Affidavit terminates.

Sponsor’s Defenses

• Divorce: Divorce doesn’t end the sponsor’s obligations. The sponsor is still liable until one of the six terminating conditions occurs.
• Prenuptial Agreements: Most courts have ruled that a prenuptial agreement can’t waive the sponsor’s obligations under the Affidavit of Support. But a few courts have upheld such agreements if they specifically mention the Affidavit and the sponsored immigrant agrees to give up their right to enforce it.
• Income Reduction: A sponsor’s obligation can be reduced if the sponsored immigrant earns income that meets or exceeds 125% of the FPG. But courts don’t consider non-taxable in-kind benefits (like free room and board) as income that can reduce the sponsor’s obligation.
• Bankruptcy: While most debts can be discharged in bankruptcy, some courts have ruled that obligations under the Affidavit of Support when considered a domestic support obligation are not dischargeable.

Case Law: Immigrant sues Sponsor

As mentioned earlier, most I-864 enforcement actions come from marital disputes, especially after separation or divorce. Even after a marriage is over, the sponsor must maintain the immigrant at 125% of the FPG until the sponsorship is terminated through one of the six conditions. This is often referred to as “lifetime liability”. The Davis v. Davis case is a good example where the court ruled that state courts have jurisdiction to enforce the I-864 even after divorce.

In Stump v. Stump, a federal court agreed with this notion and granted summary judgment in favor of the immigrant, requiring the sponsor to continue providing support at the FPG level after the marriage ended. The court also addressed the issue of mitigating damages and ruled that any income the immigrant earned after separation should offset the sponsor’s liability.

Defenses Against I-864 Enforcement

Mitigation of Damages

Although the I-864 is a strong tool, sponsors do have some defenses. One of those is mitigation of damages, which considers whether the immigrant has made reasonable efforts to become self-sufficient, like looking for work. But courts have varied in their interpretation of this defense.

In Liu v. Mund, the Seventh Circuit ruled that an I-864 beneficiary has no duty to mitigate damages by looking for work, citing the primary purpose of the I-864: to prevent the immigrant from becoming a public charge. The court said that the statutory framework and federal regulations don’t impose a duty on the immigrant to look for work, so they rejected the government’s argument that common law principles of mitigation should apply.

In the North Carolina Supreme Court case of Zhu v. Deng, it was held that U.S. immigration law doesn’t require immigrants to look for work before asking for support from their sponsor. This ruling, along with other cases, has established that immigrants don’t have to mitigate damages in these situations.

U.S. sponsors have argued that it’s unfair to pay support to an immigrant ex-spouse who is living off someone else’s resources. Unfortunately for the sponsors, they lost.

In Erler v. Erler, the Ninth Circuit Court of Appeals ruled that a sponsor’s obligation under Form I-864 remains even if the immigrant is being supported by someone else. In this case, a U.S. citizen was required to continue supporting his ex-wife even though she was living with and being supported by her adult son.

The court said the sponsor agreed to support the immigrant alone, regardless of other financial assistance they might receive. The court acknowledged this might not be the ideal outcome but said the sponsor’s obligation is based solely on the immigrant’s income.

In Younis v. Farooqi, the court ruled that sporadic financial assistance from friends didn’t reduce the sponsor’s obligation because those were de minimis. Child support payments were not considered a substitute for spousal support under the I-864.

Fraud, Unclean Hands, and Contract Defenses

Sponsors may try to get out of their obligations by alleging fraud or unclean hands. For example, if a sponsor can prove they were frauded into marriage, they may ask for an annulment and potentially void the I-864. But this defense is hard to prove and has rarely been successful in court.

In Cheshire v. Cheshire (2006 U.S. Dist. LEXIS 26602, No. 3:05-cv-00453-TCJ-MCR), the court considered whether the immigrant had fraudulently induced the sponsor into signing the I-864 by entering the marriage with no intention of having a long term relationship. Although the court found no fraud in that case, it acknowledged that such allegations could void the I-864 if proven.

Unclean hands, which bars a party from seeking equitable relief if they have engaged in unfair conduct, could also apply. For example, if the immigrant intentionally doesn’t file taxes to prevent the sponsor from getting Social Security quarters, that could be a basis to deny enforcement of the affidavit.

Damages

When a sponsor doesn’t meet their I-864 obligations, the calculation of damages is simple: courts compare the immigrant’s actual income to 125% of the FPG for each year in question.

But what is “income” for this purpose is often disputed. In Shumye v. Felleke (555 F.Supp.2d 1020, N.D. Cal., April 2008), the court held that student loans are not income because they are a debt while student grants which don’t have to be repaid are income. Affordable housing subsidies were considered income.

In Nasir v. Shah, a federal district court in California briefly addressed whether unemployment insurance payments count as income to offset the sponsor’s I-864 obligations. The court followed IRS guidelines and considered such payments as taxable income so the sponsor’s liability was reduced.

Attorney Fees and Enforcement

The I-864 warns financial sponsors that if they are sued and a judgment is entered against them, they may be required to pay not only the amount owed but also the costs of collection, including attorney fees. Courts have generally awarded attorney fees in I-864 enforcement cases as long as they are reasonable and directly related to the affidavit.

In Panchal v. Panchal, an Illinois appellate court affirmed a trial court’s decision to reduce the amount of the obligation to pay legal fees, because fees related to a concurrently pending divorce action were not recoverable under the I-864.

Federal and State Jurisdiction

I-864 beneficiaries can bring enforcement actions in state or federal court. Most federal courts have consistently held they have jurisdiction over I-864 cases, as provided by 8 U.S.C. § 1183a(e)(1) which states, “an action to enforce an affidavit of support… may be brought against the sponsor in any appropriate court… by a sponsored alien, for financial support.”

However, procedural doctrines like the Rooker-Feldman doctrine may bar federal courts from hearing cases that have already been decided in state court. For example, in Nguyen v. Dean, a federal court dismissed an I-864 action for issue preclusion because the matter had already been litigated in state court. In Chang v. Crabill, the federal court allowed the action to proceed because the I-864 issue was not raised in the prior state court proceedings.

Bankruptcy and I-864 Obligations

One question that remains is whether I-864 obligations can be discharged in bankruptcy. Some courts have treated I-864 obligations as domestic support obligations that are not dischargeable under bankruptcy law. This means the sponsor’s financial responsibilities endure even in personal financial hardship.

In summary, the I-864 Affidavit of Support is a binding contract that imposes significant and long-lasting obligations on sponsors. Any sponsor entering into this agreement should understand the legal framework, defenses, and implications of this contract. Courts have consistently enforced the I-864 and sponsors should know what they are getting into and what legal challenges they may face.

Can I Withdraw the I-864 Sponsorship?

You can stop sponsoring an immigrant but it depends on the stage of the immigration process.

You can withdraw sponsorship but only before certain milestones in the immigration process. The timing is key:

1. Before USCIS Approves the Immigrant Visa Petition: If the I-130 (Petition for Alien Relative) has not yet been approved by U.S. Citizenship and Immigration Services (USCIS) you can withdraw the I-130. This is the easiest stage to withdraw because USCIS has not yet finalized the immigrant visa petition. If you withdraw the I-130 then the whole case is terminated.
   • How to Withdraw: The I-130 petitioner must send a written request to USCIS stating they want to withdraw the I-130. No reason is required but it must be clear the sponsor no longer wants to sponsor. Include I-130 receipts, full names of parties, and case number and send them to the last known USCIS office that processed the case. Make sure to send it via certified mail or another traceable method so you can confirm receipt.
2. After USCIS Approves the I-130 Petition but Before Immigrant Visa is Approved by Embassy,  or Before Adjustment of Status is Approved by USCIS or Immigration Court: Once USCIS has approved the I-130 immigrant visa petition, but before the immigrant has received their immigrant visa (issued by Embassy) or approval of adjustment of status (issued by USCIS or Immigration Judge). Withdrawal becomes more complicated. The sponsor must have a valid reason for the withdrawal.
   • How to Withdraw: The I-130 petitioner (who will also be the I-864 sponsor), or the I-864 co-sponsor, must submit a written request to the office adjudicating the immigrant visa or adjustment of status. This should be very clear but no reason is required (although it may be helpful to include the immigrant’s intentions or change in your circumstances). Include I-130 and/or NVC receipts, full names of parties, and case numbers and send them to the last known USCIS and State Department offices that processed the case.
   • Follow Up: After you submit your request, follow up with Government offices to confirm your withdrawal has been processed. Keep copies of all correspondence and any confirmation of withdrawal for your records.
3. After the Green Card is Issued: Once the immigrant has received their green card (permanent residence) withdrawing Form I-864 is not possible. At this point, the Affidavit of Support is fully enforceable and the sponsor’s obligations are legally binding.
   • Limited Options: The only way to terminate the financial obligations under I-864 after the green card is issued is if one of the conditions mentioned earlier (citizenship, 40 work quarters, death, etc.) occurs. Or if the sponsor can prove the green card was obtained through fraud or misrepresentation they may be able to seek legal avenues to nullify the affidavit but this is a complex and difficult process.

Consequences of Withdrawing Form I-864

Withdrawing From I-864 has big consequences for both the sponsor and the immigrant:

• For the Sponsor: If you withdraw the affidavit before the immigrant gets their green card you are released from the financial obligations under I-864. But if you don’t withdraw in time you are still legally responsible for the immigrant’s financial support.
• For the Immigrant: If the sponsor withdraws support before the green card is issued the immigrant’s visa application may be denied. They may need to find another qualifying sponsor or not get lawful permanent residency.

FAQ

1. What is the I-864 Affidavit of Support?

The I-864 Affidavit of Support is a contract between the U.S. government and the sponsor (usually a U.S. citizen or permanent resident) who agrees to support the immigrant until the immigrant becomes a U.S. citizen, 40 work quarters, or leaves the United States. This form is to ensure the immigrant does not become a public charge.

2. What are the financial obligations when you sign the I-864?

By signing the I-864 you are agreeing to support the sponsored immigrant at a level of at least 125% of the federal poverty guidelines. You will demonstrate eligibility by showing the sponsor’s income and/or assets and in some cases the sponsored immigrant’s income or joint sponsor’s or household member income. If the immigrant receives means-tested public benefits (such as Medicaid, Supplemental Security Income (SSI), or Temporary Assistance for Needy Families (TANF)) you may have to pay back the government for those benefits.

3. How long do my obligations under I-864 last?

Your obligations under I-864 continue until the sponsored immigrant:

• Becomes a U.S. citizen,
• Has 40 work quarters (about 10 years) in the U.S.,
• No longer has lawful permanent resident status and leaves the U.S.,
• Is granted a new adjustment of status based on a new I-864 from another sponsor, or
• Dies.

Divorce does not end your support requirements under the I-864.

4. What public benefits can trigger I-864 liability?

Public benefits that can trigger liability include but are not limited to:

• Medicaid (only certain long-term care services)
• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)
• Supplemental Nutrition Assistance Program (SNAP) – Food Stamps
• State or local programs providing cash assistance for income maintenance

Not all public benefits will trigger liability but means-tested public benefits for low-income individuals will.

5. Can I withdraw my I-864 after I submit it?

Once the I-864 is submitted and the immigrant has a visa or adjustment of status, it cannot be withdrawn and your obligations under the affidavit cannot be terminated unless one of the termination conditions is met (e.g. the immigrant becomes a U.S. citizen).

6. What happens if I don’t meet my I-864 obligations?

If the sponsored immigrant receives means-tested public benefits and you don’t reimburse the government, the government or the immigrant can sue you for the benefits received. Courts have upheld this obligation and sponsors have been ordered to pay large sums in some cases.

7. Can the sponsored immigrant sue me for support?

Yes. The sponsored immigrant can sue you for support if you don’t provide the required level of support (125% of the federal poverty guidelines). This is a legal contract and courts have ruled in favor of the immigrant in such cases.

8. Does my I-864 obligation apply to the immigrant’s family members?

Your I-864 obligation generally only applies to the immigrant(s) you are sponsoring. However, if you sign multiple I-864s for different individuals you are liable separately for each sponsored immigrant.

9. Can I be liable if the immigrant receives public benefits in another state?

Yes, your I-864 liability is not limited to the state where the immigrant resides. If the sponsored immigrant receives means-tested public benefits in any state you could be liable.

10. Can the immigrant’s other sponsors or joint sponsors also be liable?

Yes. If there is a joint sponsor, both the primary sponsor and the joint sponsor can be liable for the immigrant’s means-tested public benefits. The government or the immigrant can pursue either or both sponsors for reimbursement or support.

11. What if the immigrant commits fraud or other misconduct?

If the immigrant commits fraud or other misconduct and receives benefits unlawfully, you may still be liable for repayment unless it can be shown the benefits were received under pretenses and you were not aware of this misconduct. But you may be able to sue the immigrant for fraud.

12. Can I terminate my I-864 obligation if the immigrant moves back to their home country?

No, your I-864 obligation continues unless the immigrant formally abandons their permanent residency status even if they physically move back to their home country. Just leaving the U.S. does not terminate the obligation.

13. How can I protect myself from I-864 liability?

To minimize liability:

• Understand what you are committing to before signing the I-864.
• Keep records of any support you provide to the sponsored immigrant.
• Be aware of any means-tested public benefits the immigrant receives and take action to avoid liability (e.g. provide support or repay benefits).
• Consult an immigration attorney for your specific situation and obligations.

14. Can I limit my financial exposure by signing an I-864?

While you can’t limit your liability under the I-864 directly, you can be a joint sponsor and share the responsibility. You can also make sure the immigrant has sufficient financial resources or income so they won’t need public benefits. You should understand the immigrant’s financial situation and risks before signing the form.

15. What are some other issues?

Other issues:

• Changes in the law: Future changes in immigration or public benefits laws could affect your obligations or the I-864 enforcement.
• Disputes with the immigrant: Personal disputes with the sponsored immigrant can complicate the enforcement or fulfillment of your obligations and lead to legal problems.
• Tax complications: Support provided under the I-864 can impact your tax filings if the immigrant lives with you.
• Estate planning: If the sponsor dies their estate could be liable for any outstanding I-864 obligations. Planning for this is important in estate management.

16. How does bankruptcy affect my I-864 obligation?

Bankruptcy does not discharge your I-864 obligation. Courts have held the I-864 is a contract and the sponsor’s financial obligation continues even after bankruptcy. If you are considering bankruptcy, you should consult with an attorney who knows both bankruptcy and immigration law.

17. What are my defenses if I am sued?

Defenses against an I-864 lawsuit might include:

• The immigrant didn’t request the support listed in the I-864.
• The immigrant’s need for public benefits was due to their misconduct or fraud.
• The immigrant’s circumstances have changed and you should be relieved of your obligation (though this is a tough sell).

18. Can I be sued years later?

Yes, there is no statute of limitations on the I-864 support obligation as long as the conditions for termination (e.g. the immigrant becoming a U.S. citizen) haven’t been met. So you could be sued many years after signing the form.

This FAQ is intended to give you a general understanding of the risks and liabilities of signing the I-864. Because of the complexity and legal consequences, it’s always best to consult with an immigration attorney before signing the I-864 or if you have I-864 concerns.

Do You Need an Immigration Attorney?

Given the complexity and legal and financial responsibilities of sponsoring an immigrant, you should consult with an experienced immigration attorney. A skilled lawyer will help you understand your obligations, the legal implications, and the risks and guide you through the process so you can make an informed decision.

Sponsoring an immigrant is a long-term commitment. Consult with us. We’ll be with you every step of the way!