Guide for Sponsors, Joint Sponsors, and Household Members: Responsibilities per USCIS Forms I-864 or I-864A
Do you want your foreign national spouse, parent, or child to live permanently with you in the US? The process of submitting a family-based petition for a foreign national relative is a lengthy and multi-step process. One key part of this process is submitting Form I-864, Affidavit of Support, to US Citizenship and Immigration Services.
What is Form I-864?
Form I-864 is a legally binding contract that is required in most family-based immigration cases. It is usually signed by the petitioning US citizen or Legal Permanent Resident relative. In a marriage-based green card case, Form I-864 is signed by the US citizen or Legal Permanent Resident spouse.
Who can sign Form I-864?
A Sponsor, Joint Sponsor, or Household Member must meet the following qualifications:
Be at least 18 years of age;
Be a US citizen or Legal Permanent Resident;
Resides in the U.S. or intends to return to the U.S.; and
Have an income of at least 125% of the federal poverty line.
What am I required to do if I sign Form I-864?
By signing Form I-864 you promise to financially support the foreign national and maintain his or her income at or above 125% of the Federal Poverty Guidelines (or, if you are an active-duty military member sponsoring your spouse or child, at or above 100% of the Federal Poverty Guidelines).
The form also requires Sponsors to report any change of address to USCIS within 30 days by filing Form I-865.
What if the Sponsor’s income does not meet the necessary threshold?
If a Sponsor’s income alone does not meet or surpass 125% of the Federal Poverty Guidelines, the Sponsor may file with a qualifying Household Member or Joint Sponsor.
Filing with a Household Member
Form I-864A, Contract Between Sponsor and Household Member, allows the Sponsor to combine his or her income with a Household Member(s) to reach 125% of the Federal Poverty Guidelines. The Household Member may be one of the following:
The intending immigrant, or foreign national who is being sponsored;
The Sponsor’s spouse;
The Sponsor’s parent, child, adult son or daughter, or sibling relative (if that relative has the same principal residence as the sponsor); or
Any other person whom the Sponsor has lawfully claimed as a dependent on his or her most recent Federal income tax return (even if that person does not live at the same residence as the Sponsor).
Like Form I-864, Form I-864A is a legally binding contract. The Household Member agrees to be “jointly and severally liable,” along with Sponsor.
Filing with a Joint Sponsor
A Joint Sponsor signs Form I-864. The Joint Sponsor does not need to be related in any way to the foreign national. The Joint sponsor’s income alone – without combining with Sponsor – must meet or surpass the 125% threshold.
How is Form I-864 enforced?
If the foreign national receives a means-tested benefit — such as Supplemental Security Income (SSI), Medicaid, Temporary Assistance for Needy Families (TANF), or SNAP (food stamps) – the US federal or state government can technically seek reimbursement from the Sponsor, Joint Sponsor, or Household Member. In practice, this rarely happens but it is an important possibility to be aware of.
In addition, the foreign national may sue the Sponsor, Joint Sponsor, or Household Member to force you to provide financial support if his or her income falls below 125% of the poverty line.
Divorce or bankruptcy does not end the duty to financially support or the private and government rights of action. In some instances, Form I-864 may be interpreted by courts in divorce matters as an agreement by the US citizen or Legal Permanent Resident spouse to provide spousal support to the foreign national.
How we can help
Signing Form I-864, Affidavit of Support, is a normal and necessary part of most family-based immigration cases. Many Sponsors require the additional support of a Household Member or Joint Sponsor. This is especially true for young, newly married couples who are just starting their careers.
It is imperative that you understand your responsibilities under Form I-864 and Form I-864A and that you consult with a trusted legal advisor before signing. Here at Baibak Law, we are experienced in assisting clients with family-based petitions and Affidavits of Support. If you would like to learn more about this process, please contact us at (513) 203-5429 or schedule an initial consultation online.
Disclaimer: The information provided above, and on our website, is intended for general information purposes only and should not be construed as legal advice. This blog post shall not create an attorney-client relationship with the readers of its content.