Guide to Sponsor’s Liability Under Form I-864, Affidavit of Support

In our previous blog, Ante-Nuptial Agreement does not Eliminate Obligations under Affidavit of Support we explored the limitations of such agreements in absolving sponsors from their obligations under the Affidavit of Support. Building on that foundation, this blog shifts focus to a closely related yet distinct aspect of the immigration sponsorship framework: Joint Sponsor Liability Under the Affidavit of Support. The Form I-864, Affidavit of Support, stands as a cornerstone of the U.S. immigration process, designed to prevent immigrants from becoming public charges upon their entry into the United States. By legally obligating a sponsor or joint sponsor to financially support the immigrant, it introduces a layer of complexity and responsibility that cannot be overlooked. With significant legal implications at play, gaining a comprehensive understanding of the scope of liability under Form I-864 is crucial for anyone considering stepping into the role of a sponsor. Here, we delve deeper into the intricacies of sponsor liability, exploring everything from the obligations it entails to the duration of liability and beyond.

What Liability does Sponsor have Under I-864 Affidavit of Support?

Sponsor liability under the I-864 Affidavit of Support is a legal obligation undertaken by the sponsor to support the immigrant financially, ensuring they do not rely on public assistance. This contractually binds the sponsor to maintain the immigrant’s income at a minimum level, specifically at least 125% of the Federal Poverty Guidelines.

What Are the Responsibilities of a Sponsor?

 A sponsor’s liability encompasses several key responsibilities, including:

• Ensuring the immigrant’s income does not fall below 125% of the Federal Poverty Guidelines.
• Reimbursing any agencies that provide the immigrant with means-tested public benefits.

For What Duration Does a Sponsor’s Liability for an Individual Extend?

The duration of a sponsor’s liability extends until the immigrant:

• Becomes a U.S. citizen,
• Has worked 40 qualifying quarters credited toward Social Security,
• No longer has lawful permanent resident status and has departed the United States,
• Becomes subject to removal, but applies for and obtains in removal proceedings a grant of adjustment of status based on a new affidavit of support, if one is required; or
• Dies.

Interestingly, divorce does not terminate this obligation.

Who Is Eligible to Financially Support an Immigrant?

Eligibility to sponsor an immigrant financially requires the sponsor to be:

• At least 18 years old,
• A U.S. citizen or permanent resident,
• Domiciled in the United States or its territories,
• Able to demonstrate the ability to maintain the immigrant’s income at the required level.

Does the Sponsor Have Financial Responsibility Towards the Immigrant?

Yes, both the primary & joint sponsor are jointly and severely liable to both the immigrant and the U.S. government. This includes ensuring financial support and repaying any means-tested public benefits the immigrant might receive.

Does the Form I-864 Affidavit of Support Obligations cease to exist if I-751 is denied?

The denial of Form I-751 (Petition to Remove Conditions on Residence) does not automatically terminate the obligations under Form I-864. The sponsor’s financial responsibilities continue until one of the termination conditions is met.

For which obligations does the sponsor not bear liability?

Sponsors are not liable for:

• Non-means-tested benefits the immigrant receives, such as emergency medical assistance, disaster relief, national school lunch programs, and more.
• Supporting the immigrant beyond ensuring their income meets the required threshold; for example, they are not obligated to ensure the immigrant’s overall well-being or happiness.

What Are the Necessary Requirements for Submitting an Affidavit of Support?

To file an Affidavit of Support, sponsors must:

• Complete Form I-864,
• Provide proof of income (such as tax returns, W-2s, and/or pay stubs) to demonstrate the ability to support the immigrant,
• Show proof of U.S. citizenship or permanent residency,
• Ensure they meet or exceed the 125% income requirement above the Federal Poverty Guidelines.

Joint Sponsorship: Essential Factors to Consider

Becoming a joint sponsor is a decision that should not be taken lightly, given its legal and financial implications. Potential sponsors must carefully assess their ability to meet these obligations over potentially many years. Legal consultation is recommended to fully understand the responsibilities and risks involved.

Conclusion

The Form I-864, Affidavit of Support, establishes a vital safety net for immigrants, ensuring they have the financial support necessary to start their new lives in the U.S. without becoming public charges. For sponsors, understanding the full scope of their liability—what it includes, how long it lasts, and when it ends—is crucial. By thoroughly evaluating their capability and commitment, sponsors can effectively support immigrants through their transition while adhering to their legal obligations.