What Are the Responsibilities When You Sign Form I-864, Affidavit of Support?

What Are the Responsibilities When You Sign Form I-864, Affidavit of Support?

If you’ve agreed to sponsor someone for a green card, signing Form I-864, Affidavit of Support, is far more serious than just a formality — it’s a binding legal contract with long-lasting obligations. Many sponsors don’t realize that by signing this document, they are entering into a legally enforceable agreement under federal law. Let’s break down exactly what it means to be a Form I-864 sponsor — and why you should understand the fine print before picking up that pen.

You Promise to Financially Support the Immigrant

When you sign the Form I-864, you legally promise to support the sponsored immigrant and maintain their income at no less than 125% of the Federal Poverty Guidelines (or 100% if you are active duty military and sponsoring your spouse or child). Legal Authority: Immigration and Nationality Act (INA) § 213A(a)(1); 8 U.S.C. § 1183a(a)(1); 8 C.F.R. § 213a.2(c)(2). This means if the immigrant cannot support themselves, you are obligated to step in and provide the financial means necessary to meet that threshold.

You Could Be Liable for Public Benefits

If the immigrant receives means-tested public benefits — like Supplemental Security Income (SSI), Medicaid, Temporary Assistance for Needy Families (TANF), or SNAP (food stamps) — the government can come after you for reimbursement. Legal Authority: INA § 213A(b)(1); 8 U.S.C. § 1183a(b)(1). In simple terms, if the immigrant receives public assistance, you might get a bill from the government asking you to pay them back.

Your Promise Is Enforceable in Court

Signing the I-864 creates a legally enforceable contract. The immigrant can sue you in federal or state court to force you to provide support if their income falls below 125% of the poverty line — even if they are not receiving public benefits and even if you get divorced. Legal Authority: INA § 213A(a)(1)(B); 8 U.S.C. § 1183a(a)(1)(B). Key Cases: Erler v. Erler, 861 F.3d 1171 (9th Cir. 2017); Liu v. Mund, 686 F.3d 418 (7th Cir. 2012). In Liu v. Mund, the Seventh Circuit Court of Appeals made it clear: the sponsor’s support obligation is absolute, not dependent on whether the immigrant actually needs the help.

Your Obligation Lasts a Long Time

Once you sign the I-864, your duties don’t simply vanish if your relationship with the immigrant changes. Your obligation continues until one of the following happens: The immigrant becomes a U.S. citizen; The immigrant has worked 40 quarters (about 10 years) under the Social Security system; The immigrant dies; You die. Important: Divorce does not end your obligation! Legal Authority: INA § 213A(a)(2); 8 U.S.C. § 1183a(a)(2); 8 C.F.R. § 213a.2(e)(2)(ii).

You Must Report Your Address Changes

Sponsors must report any change of address to USCIS within 30 days by filing Form I-865. Legal Authority: INA § 213A(d); 8 U.S.C. § 1183a(d); 8 C.F.R. § 213a.3. Failure to do so can result in fines ranging from $250 to $5,000.

Joint Sponsors and Household Members Are Equally Responsible

If the immigrant needs more income to qualify, a joint sponsor or a household member can also sign an I-864 (or I-864A). However, their obligations are just as legally binding and just as enforceable as those of the main sponsor. Legal Authority: 8 C.F.R. § 213a.2(c)(2)(iii).

Final Thoughts: Read Before You Sign

The Form I-864 is a serious commitment. It’s not just a symbolic gesture to help a loved one get a green card — it’s a long-term, enforceable financial obligation. Failing to understand these responsibilities could expose you to lawsuits, collection actions, and major financial liabilities. Before signing an Affidavit of Support, make sure you: Review the federal poverty guidelines. Understand how long your obligations might last. Know that both the immigrant and the government can enforce the contract. Stay compliant with address reporting requirements. If you have any doubts, consult an experienced immigration attorney before signing. The obligations are real, and the consequences for misunderstanding them can be severe.

If you are unsure about how your immigration status, it is advisable to consult with an experienced immigration attorney before taking any action. As one of the most established firms practicing exclusively in the area of immigration law, our firm has successfully helped our clients obtain temporary work permits, green cards, and citizenship for generations. Note that the information provided in this article and website is intended for general information purposes only and should not be construed as legal advice. For additional information or information regarding other immigration matters, please call Attorney Thomas M. Lee for a free consultation at 213-251-5533