Understanding Form I-864: What You Need to Know as a Sponsor
When sponsoring a family member for U.S. immigration, one of the key steps involves completing Form I-864, also known as the Affidavit of Support. This form is not just a routine document but a legally binding contract that carries significant financial and legal responsibilities. As some of the leading immigration lawyers available, the team from Cambridge Immigration Law often gets questions about what this form entails, who can serve as a sponsor, and what obligations come with signing it.
That’s why below we’ve collected everything you need to know to understand what you’re committing to when you sign Form I-864.
What Exactly is Form I-864?
Form I-864 is a document required by the U.S. Citizenship and Immigration Services (USCIS) during the green card application process. It serves as a legal promise from the sponsor to financially support the sponsored immigrant. The primary purpose of this form is to prevent immigrants from becoming public charges, meaning they should not rely on certain government assistance programs for financial support.
When you sign Form I-864, you are making a commitment to ensure the immigrant has the necessary financial resources. This affidavit is required in most family-based immigration cases and some employment-based cases where a U.S. citizen or lawful permanent resident has an ownership interest in the business petitioning for the immigrant.
Who Can Serve as a Sponsor?
To serve as a sponsor, you must meet several eligibility requirements. Firstly, you must be a U.S. citizen or a lawful permanent resident (green card holder) and at least 18 years old. Additionally, you need to have a domicile in the United States, meaning your primary residence must be within the U.S. If you are living abroad temporarily, you must demonstrate that your residence in the U.S. will continue.
Income is a critical factor in determining eligibility. As a sponsor, you must have an income that is at least 125% of the Federal Poverty Guidelines for your household size. This threshold is slightly lower (100%) for active-duty military sponsors petitioning for their spouses or children. If your income does not meet this requirement, you can use assets or seek a joint sponsor, who must also meet all eligibility criteria.
Your Responsibilities as a Sponsor
The obligations of a sponsor go beyond simply filling out paperwork. By signing Form I-864, you agree to maintain the sponsored immigrant’s income at a level above 125% of the Federal Poverty Guidelines. This financial support is intended to prevent the immigrant from seeking means-tested public benefits like Medicaid, the Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF).
Your responsibilities as a sponsor can include:
- Providing financial assistance if the immigrant’s income falls below the required level.
- Reimbursing the government if the sponsored immigrant receives certain public benefits.
- Notifying USCIS of any address changes using Form I-865 to avoid penalties and fines.
It is important to note that failing to meet these obligations could result in legal action by the sponsored immigrant or the government.
Financial & Legal Implications of Sponsorship
Signing Form I-864 is a serious legal commitment that can have long-term financial implications. If the sponsored immigrant applies for and receives any means-tested public benefits, such as Medicaid, SNAP, or Supplemental Security Income (SSI), the government may hold you liable for the cost of these benefits. You could be sued by the government or the sponsored individual to recover these funds, and you may also be required to pay court and legal fees, which is why enlisting the services of an immigration lawyer is often recommended.
It’s crucial to understand that filing for bankruptcy does not absolve you from your obligations under Form I-864. This form is enforceable even in cases of financial hardship, and sponsors must continue to meet their obligations unless certain conditions are met.
When Do Your Responsibilities as a Sponsor End?
Your financial responsibilities as a sponsor are not indefinite but last until one of the following specific events occurs:
- The Immigrant Completes 40 Quarters of Work: This is equivalent to about 10 years of employment in the U.S., after which your responsibilities as a sponsor cease.
- The Immigrant Permanently Leaves the U.S.: If the immigrant leaves the United States and gives up their permanent residency status, your obligations end.
- The Immigrant Becomes a U.S. Citizen: Once the sponsored person becomes a U.S. citizen, your financial obligations under Form I-864 end.
- Deportation & Re-sponsorship: If the immigrant is deported but re-enters the U.S. with a new sponsor, your responsibilities are terminated.
- Death of the Immigrant: If the sponsored individual passes away, the sponsorship obligations end.
It’s important to note that divorce does not terminate your obligations. Even if the marriage ends, you remain financially responsible for the immigrant until one of the above conditions is met.
Key Things to Consider Before Signing Form I-864
Before signing Form I-864, it is critical to fully understand the financial commitment and legal implications involved. This is not merely a formality in the immigration process; it is a binding agreement that could affect your financial situation for years. Consulting an experienced immigration lawyer can provide valuable guidance and help you navigate the complexities of sponsorship, ensuring that you understand your responsibilities and potential risks.
Contact our immigration lawyers for Form I-864 assistance today!
At Cambridge Immigration Law, we specialize in guiding sponsors through the immigration process, offering expert advice on the implications of Form I-864. Whether you’re unsure about meeting the income requirements, need help understanding your legal obligations, or have concerns about potential financial risks, our experienced immigration lawyers are here to help.
Contact us online today or call (617) 714-4375 to schedule a consultation and ensure you are fully prepared for the sponsorship process.