The I-864 Affidavit of Support (Part 1)

Every immigrant needs a financial sponsor but the sponsors are sometimes uncertain about their responsibilities after the immigrant arrives in the US.

Why does the government require the Affidavit of Support? To put it briefly, the government wants the sponsor to be responsible if the immigrant gets public money, such as welfare. In theory, this means that the sponsor would have to pay back the welfare money to the government. In fact, in our many years of experience, we have never heard of the government asking any sponsor to pay back any money.

The Affidavit of Support requires sponsors to provide a reasonable amount of support for the immigrants. In most cases, we see that after the immigrants arrive in the US, they try to find a job as soon as possible. So they actually do not need any long term financial support from the financial sponsors.

Some immigrants may be eligible for emergency Medicaid, short-term non-cash emergency relief, free school lunches for their children, and no-cost immunizations, testing and treatment for communicable diseases. They would also be eligible for the usual unemployment benefits if they are laid off.

The old form I-864 Affidavit of Support had to be notarized. The current form does not require notarization, but it is still a legally enforceable document.

If an immigrant has legal bills, hospital bills, goes into debt through credit card use or gambling, or commits some crime, who is responsible for helping him? It is the immigrant who must help himself. The financial sponsor has no responsibility for such actions by the immigrant.

How long is the financial sponsor considered responsible for the immigrant? The financial obligations end when:

· The immigrant becomes a US Citizen, or
· Has worked for ten years, or
· Is no longer a permanent resident and has left the US.

Note that divorce does not end the Affidavit of Support obligations. If you sponsor a spouse, later divorce, you are still responsible.

Finally, if a sponsor dies, the sponsor’s surviving relatives are not required to continue the I-864 obligations.

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Q.1. Is it necessary to do a new Affidavit of Support if the immigrants are not given visas within one year after the sponsor signs the I-864?
A.1. It is not necessary to do a new I-864, but it is very necessary to update the supporting documents such bas employment verification, tax return and W2.

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Q.2. My mother filed a petition to sponsor my brother. Does she need to submit an I-864 even if she has no income?
A.2. Yes, if she filed the I-130 petition, then she must do an I-864. Of course she will need co-sponsors or joint sponsors to meet the government requirements.