For immigrants to the United States, the Form I-864, Affidavit of Support (“Form I-864”), is a critical part of the family-based immigration process. It is a legally enforceable contract in which a sponsor agrees to financially support the intended immigrant, helping ensure that the immigrant does not rely on certain U.S. government benefits after becoming a permanent resident. By signing Form I-864, the sponsor takes on long-term financial responsibility, but this obligation is not indefinite. The U.S. government outlines specific situations under which the sponsor’s duties come to an end.

When Will These Obligations End?

A sponsors obligations under a Form I-864 end when the sponsored immigrant:

  1. Becomes a U.S. citizen;
  2. Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
  3. No longer has lawful permanent resident status and has departed the United States;
  4. Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
  5. Dies.

 

A sponsor’s obligations under a Form I-864 also end if the sponsor dies. As such, the sponsor’s estate is not required to take responsibility for the sponsored immigrant following the sponsor’s death.

Divorce does not terminate the responsibility, and if the sponsor dies, their estate may still be liable for any past support owed. A sponsor should be fully aware of these terms before signing Form I-864, as it represents a real and enforceable financial commitment to the U.S. government and the sponsored immigrant.

If you have questions about Form I-864, or other U.S. visa and immigration questions, contact us at info@enterimmi.com.