By Michael H. Markovitch, Esq. on September, 23, 2024
If you are a U.S. citizen or permanent resident planning to sponsor a relative for a green card, you must sign an Affidavit of Support, also known as Form I-864.
What Is Form I-864?
By signing Form I-864, you are making a legal promise to support the person you’re sponsoring financially. This is a way to guarantee that they won’t have to rely on government help.
Who Must Sign
Sponsor Eligibility
Key Responsibilities
The sponsor must ensure the sponsored immigrant maintains an income of at least 125% of the Federal Poverty Guidelines and provide financial assistance if their income falls below this level.
Financial Risks and Considerations
When Do Your Sponsorship Responsibilities End?
Your financial duties as a sponsor conclude when any of the following occurs:
Continuing Obligations After Divorce
Divorce does not end your responsibilities under Form I-864. Additionally, courts generally do not recognize private agreements such as pre-marital, post-marital, or divorce contracts as valid reasons to avoid these obligations.
Withdrawing Sponsorship
You may withdraw your sponsorship before the green card application is approved. Once permanent residency is granted, your obligations are fixed unless they end under one of the specified conditions.
Address Change Notification
You must report any address changes within 30 days by submitting Form I-865 to USCIS to avoid fines of up to $5,000.
Understanding Your Commitment
Signing Form I-864 carries significant legal responsibilities. Make sure you understand these obligations before proceeding. Consider consulting a lawyer if necessary to ensure the person you sponsor can support themselves without public assistance.
Feel free to contact The Law Offices of Michael H. Markovitch with any questions you may have.
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