Understanding Your Responsibilities as a Sponsor for Affidavit of Support

If you’re thinking about sponsoring a relative or co-sponsoring a friend for a green card, you’ve got some important responsibilities to understand. Let’s break down what it means when you sign the Affidavit of Support, also known as Form I-864, and what you need to know before you take this step.

What is the Form I-864?

By signing the Form I-864 you are making a promise to the U.S. government that you’ll financially support the person you’re sponsoring for a green card. Essentially, you’re assuring that your relative won’t need to rely on government aid. ️

Who Must Sign?

• Primary Sponsor: As the main sponsor, you must be a U.S. citizen or permanent resident petitioning on behalf of your qualifying relative.
• Joint Sponsor: If your income as the primary sponsor doesn’t meet the requirements, you can get a co-sponsor. They take on the same responsibilities as you.

Sponsor Eligibility

To be a sponsor, you need to meet a few criteria:

• Be at least 18 years old.
• Be a U.S. citizen or permanent resident.
• Have an income that’s at least 125% above the Federal Poverty Guidelines. You can find these guidelines HERE

Key Responsibilities

As a sponsor, you need to make sure that the immigrant’s income stays at least 125% above the Federal Poverty Guidelines. If their income falls below this level, you’re on the hook to provide financial support.

Financial Risks and Considerations

• Legal Consequences: If you fail to support the green card applicant, they can sue you. You might also have to pay for court and legal fees.
• Bankruptcy: Filing for bankruptcy doesn’t get you out of this obligation.
• Government Benefits: If the green card applicant receives means-tested benefits (like Medicaid or SNAP), you’ll need to repay those. However, you don’t need to worry about non-means-tested benefits like emergency medical services.

When Do Your Sponsorship Responsibilities End?

Your financial duties end when:

• The immigrant becomes a U.S. citizen;
• They complete 40 quarters of work (about ten years);
• They permanently leave the U.S.;
• They get deported but then gain U.S. residency again through another sponsor; or
• They pass away.

Continuing Obligations After Divorce

If you are a US citizen sponsoring your spouse for a green card, even if you get divorced, your responsibilities under Form I-864 don’t go away. Courts typically don’t accept private agreements, like pre-nups or post-nups, as reasons to dodge these obligations, so just be aware.

Withdrawing Sponsorship

You can withdraw your sponsorship before the green card application is approved. But once the permanent residency is granted, your obligations are fixed unless one of the conditions mentioned above is met.

Understanding Your Commitment

Signing Form I-864 is a big legal responsibility. Make sure you fully understand what you’re getting into. Remember, this is just an overview. It’s always a good idea to consult with an experienced immigration attorney to ensure you’re prepared for all the financial obligations involved.

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