I-864 Affidavit of Support: The Government’s Intention to Enforce Your Financial Promise

The Form I-864, Affidavit of Support, is perhaps the most misunderstood document in the entire family-based immigration process. It is often treated as a formality, a piece of paperwork required to get the Green Card. In reality, it is a legally binding contract that the U.S. government (and the sponsored immigrant) can actively enforce for years.

The government is showing a renewed intention to enforce this contract, making it crucial for sponsors and immigrants to understand their long-term rights and liabilities.

1. What the I-864 Contractually Requires of the Sponsor

The I-864 is a promise to the U.S. government that the immigrant will not become a “public charge” (financially dependent on the government). The sponsor (the U.S. citizen or LPR who signs the form) is contractually obligated to:

• Provide Financial Support: The sponsor must ensure the sponsored immigrant’s income is maintained at an annual level of no less than 125% of the Federal Poverty Guidelines (FPG) for their household size.
• Reimburse the Government: The sponsor must repay any federal, state, or local government agency that provides the immigrant with a means-tested public benefit (like SSI or TANF cash assistance).
• Report Address Changes: The sponsor must report any change of address to USCIS using Form I-865. Failure to do so can result in a fine of up to $5,000.
• Submit to Court Jurisdiction: By signing the form, the sponsor agrees that they can be sued in any U.S. state or federal court to enforce the contract.

2. Who Can Sue the Sponsor? (The Enforcement Threat)

Enforcement of the I-864 comes from two directions, and both are growing threats:

1. The Sponsored Immigrant (Private Right of Action)

If the sponsor fails to provide the promised support, the sponsored immigrant has the legal right to sue the sponsor in court.

• The Lawsuit: Immigrants can sue for the monetary difference between their actual income and the 125% FPG threshold. Courts have overwhelmingly upheld the binding nature of this contract.
• Divorce Does NOT End Liability: This is the most shocking consequence for many. Divorce does not terminate the I-864 obligation. The sponsorship liability continues until one of the five legal terminating events occurs (see below), meaning a sponsor may be legally required to provide financial support to an ex-spouse for years after the marriage ends.

1. Government Agencies (Public Enforcement)

While public enforcement was historically rare, agencies providing means-tested benefits (e.g., social services, state cash assistance) are legally required to seek reimbursement from the sponsor. There are signs of a renewed push at the federal level to encourage state agencies to enforce these reimbursement rights to recover taxpayer funds.

3. When Do the I-864 Obligations End?

The financial obligation is intended to be long-term and does not end until one of the following five conditions is met:

1. Naturalization: The sponsored immigrant becomes a U.S. Citizen.
2. Work History: The sponsored immigrant can be credited with 40 qualifying quarters of work under the Social Security Act (this usually takes about 10 years).
3. Permanent Departure: The sponsored immigrant loses their Lawful Permanent Resident (LPR) status and permanently leaves the U.S.
4. Death: Either the sponsor or the sponsored immigrant dies.
5. New Adjustment: The sponsored immigrant gains LPR status again based on a new I-864 from a different sponsor (this is rare).

Conclusion for Sponsors: Understand the Commitment

Sponsoring an immigrant is a serious, long-term legal commitment that bankruptcy, prenuptial agreements, and divorce do not automatically void. Before signing Form I-864, sponsors should consult an attorney to fully understand their financial and legal exposure.

For immigrants, the I-864 is a powerful tool. If your sponsor is failing to provide the required support, you have the right to enforce that promise in court.