What is the Form I-864?

When one spouse helps another immigrate to the U.S. he is require to sign an I-864, Affidavit of Support. The I-864 is a binding legal contract where the sponsor promises to provide financial support to the immigrant. If the sponsor stops providing support to the immigrant, the immigrant can bring a lawsuit.

How much financial support must be provided?

The sponsor promises to provide support equal to 125% of the Federal Poverty Guidelines. This is $14,363 annually ($1,197 per month) for a single individual. The immigrant will be able to collect money from the sponsor only if she does not have another source of income. So if the immigrant is earning $2,000 per month, she will not be able to collect I-864 support from her sponsor.

When does the right to immigration financial support start?

A sponsor is required to provide support to an immigrant once the immigrant achieves status as a “lawful permanent resident” (i.e., gets her green card).

When does the right to financial support end?

Only five events end the sponsor’s support obligations: when the beneficiary:

  1. becomes a U.S. citizen;

  2. can be credited with 40 quarters of work under the Social Security Act;

  3. is no longer a permanent resident and has left the U.S.;

  4. after being ordered deported seeks permanent residency based on a different I-864; or

  5. dies.

Divorce does not end a sponsor’s support duty.

What if I am getting divorced or am already divorced? 

Divorce or legal separation does not end the I-864 support duty. Even if a couple is divorced the sponsor must still provide support. If you are in the process of getting divorced you should make sure your divorce attorney tells the judge about the sponsor’s I-864 support responsibility. This is very important because you might not be able to bring a separate lawsuit.

What if I signed a nuptial agreement?

Federal courts have almost universally held that nuptial agreements cannot waive rights under the Form I-864. Doing so would undermine federal law. Read more here.

What is a joint sponsor? 

If the U.S. spouse does not have sufficient financial resources, the immigration agencies may require addition “joint-sponsors” to sign additional I-864s. These joint sponsors are also responsible for ensuring the immigrant has financial resources. Joint sponsors are what is called “jointly and severally liable,” which means the immigrant may choose to collect support from any individual who signed an I-864. If the sponsor refuses to provide support the immigrant may bring a law suit.