For family-based immigrant petitions – and some employment-based immigrant petitions* – the Form I-864, Affidavit of Support Under Section 213A of the INA must be submitted in order for permanent residency to be approved. The Form I-864 is a binding contact between the sponsor and the US government. 

By signing the Form I-864, the sponsor or joint sponsor is agreeing to financially support the intending immigrant(s) included on the form. This means the sponsor will keep the immigrant and the sponsor's family at or above 125% of the Federal Poverty Guidelines. The sponsor is also agreeing to provide financial assistance and resources to the immigrant to prevent them from relying on certain government benefits. Sponsors may want to consult an attorney if necessary prior to signing the document to ensure they fully understand all obligations.

Any use of the designated Federal, state, or local means-tested public benefits by the immigrant may result in the providing agency requesting repayment from the sponsor for the benefits received by the immigrant. The agency may even sue the sponsor for repayment of the benefits. 

A Form I-864 must be submitted for all family-based immigrant applicants and some employment-based applicants at the time of filing for Adjustment of Status. If the immigrant will be processing for an immigrant visa outside of the US, the Form I-864 will be submitted to National Visa Center before the immigrant visa interview can be scheduled. 

Who can act as a sponsor? 

The petitioner listed on the Form I-130 must always submit a Form I-864 even if their income is insufficient. Petitioners who do not qualify as a financial sponsor must obtain a joint sponsor. 
The general requirements to act as a sponsor or joint sponsor are:

• Be a US citizen or permanent resident
• Be at least 18 years old
• Have annual income of at least 125% above the Federal Poverty Guidelines for their household size 

How long do a sponsor's responsibilities last?

The sponsor's responsibilities under Form I-864 continue until the sponsored immigrant:

• Becomes a US citizen
• Completes at least 40 quarters of work (about 10 years) – please refer to the Social Security Administration for more information on counting quarters of work
• Permanently leaves the US
• Is deported but later gains residency again through another sponsor
• Passes away

Please note – divorce does NOT end your sponsor responsibilities under the Form I-864. The American Immigrant Lawyers Association has stated that “courts generally do not recognize private agreements such as pre-marital, post-martial, or divorce contracts as valid reasons to avoid these obligations.”

Can sponsorship be withdrawn?

In some instances, yes.

When the sponsored immigrant is applying for permanent residency through Adjustment of Status sponsorship can be withdrawn before the Form I-485 is approved.  Once the Form I-485 is approved, however, and the green card is issued there is no way to withdraw sponsorship. You will be bound to the sponsor obligations until one of the above mentioned circumstances occur.

Withdrawals should be done in writing and submitted to USCIS.

When is a sponsor not required?

A Form I-864 is not required in the following circumstances:

• Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age
• Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA)
• Self-petitioning widows or widowers who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
• Self-petitioning battered spouses and children who have an approved Form I-360

Any applicant who qualifies for one of the above exemptions should file a Form I-864W, Intending Immigrant's Affidavit of Support Exemption in place of Form I-864.

Most employment-based applicants are also no required to submit a Form I-864. A Form I-864 is only required where a US citizen, permanent resident, or US national relative either filed the Form I-140 or has at least 5% ownership interest in the Form I-140 petitioning entity. 
 

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Contact the Law Offices of James D. Eiss today to schedule a consultation related to your Form I-864. 

*Per the Form I-864 instructions, “Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.”