What Are My Responsibilities as a Sponsor Under the USCIS (Form I-864) Affidavit of Support?

If you are a U.S. citizen or a Legal Permanent Resident planning to sponsor a relative for a green card/Adjustment of Status, one of the major components of this process requires that you sign an Affidavit of Support, also known as USCIS Form I-864. Form I-864 is a legal document that requires you to make a financial promise to support the person you’re sponsoring. By signing this form, you’re essentially guaranteeing that they won’t have to rely on government assistance.

In this blog post, we will explore the key responsibilities of a sponsor, the financial risks and considerations involved, and the scope and duration of the financial commitment under U.S. immigration law. Understanding this aspect of the green card/Adjustment of Status process is important when taking into consideration the role and obligations of sponsorship.

Who Must Sign Form I-864?

The primary sponsor, who is typically a U.S. citizen or permanent resident petitioning for their non-citizen relative’s green card, must sign Form I-864. If the primary sponsor’s income doesn’t meet the required criteria, a joint sponsor is needed. The joint sponsor shares the same responsibilities as the primary sponsor.

Sponsor Eligibility Requirements:

In order to qualify as a sponsor, the following criteria must be met:

- The sponsor must be at least 18 years old

- The sponsor must be a U.S. citizen or legal permanent resident

- The sponsor must have an income at least 125% above the Federal Poverty Guidelines, which can be found at: www.uscis.gov/i-864p.

Key Responsibilities of a Sponsor:

As the financial sponsor, you must ensure that your sponsored non-citizen relative maintains a stable income of at least 125% of the Federal Poverty Guidelines. Most importantly, if their income falls below this level, you must step in and provide financial assistance to bring their income level above the poverty guideline level.

Financial Risks and Considerations to Keep in Mind:

Legal Consequences: If you fail to provide financial support when non-citizen relative needs it, the U.S. government can sue you to recover any financial government assistance provided to your relative. You may also be liable for court costs and legal fees.

Bankruptcy: Unfortunately, bankruptcy does not absolve you from your obligations under Form I-864. These obligations will continue beyond any bankruptcy proceedings.

Government Benefits: You must repay any means-tested benefits the sponsored person receives, such as Medicaid, SNAP, TANF, or SSI. However, you’re not responsible for reimbursing non-means-tested benefits like emergency medical services or unemployment benefits.

When Do My Sponsorship Responsibilities End?

Your financial obligations as a sponsor end when any of the following occurs:

- Your sponsored non-citizen relative gains U.S. citizenship.

- Your sponsored non-citizen relative completes 40 quarters of work (approximately ten years).

- Your sponsored non-citizen relative permanently leaves the United States.

- Your sponsored non-citizen relative is deported but regains U.S. residency through another sponsor.

- Your sponsored non-citizen relative passes away.

Continuing Obligations after Divorce:

Another unfortunate part of the Affidavit of Support is that divorce does not terminate your responsibilities under Form I-864. So, if you originally sponsored your spouse and are now divorced, you will still be responsible for their financial well-being, until one of the above occurs. Additionally, courts generally don’t recognize private agreements, such as pre-marital, post-marital, or divorce contracts, as valid reasons to avoid these obligations.

Can I Withdraw My Sponsorship?

You can withdraw your sponsorship before the green card application is approved. Once permanent residency is granted, your obligations remain fixed unless they end under one of the specified conditions listed above.

What If I Move After My Relative is Granted a Green Card?

You must report any address changes within 30 days by submitting Form I-865 to USCIS to avoid fines of up to $5,000.

Conclusion

Signing Form I-864 carries substantial legal responsibilities. It is crucial that you understand these obligations before proceeding with sponsorship. Ultimately, you should do everything possible to gain a full understanding of your non-citizen relative’s financial situation, so you can avoid any problems with having to provide financial assistance.

How We Can Help

At Carbone Law, we are experienced in assisting clients with green card/Adjustment petitions and the Affidavit of Support. We can help you assess your situation and guide you through any issues related to the green card/Adjustment process. If you are interested in filing for Adjustment of Status, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.