Affidavit of Support Form I 864: what does it entail?
Author: Immigration attorney Alena Shautsova
Affidavit of Support Form I 864 must be filed in almost all cases of family based immigration. The law requires the intended immigrant to produce proof that he or she will not become a public charge.
Usually, I-864 is filed by the person who is petitioning for the family member. However, when the petitioner’s income is not sufficient under the guidance (form I-864P), then a joint sponsor whose income is sufficient can help. In this case, however, the joint sponsor’s income by itself must be sufficient. It is not usually permissible to combine incomes of the principal and joint sponsors.
Many, however, a confused as to the obligations that stem from the signing of I-864 form. The form is actually a three way contract between the immigrant, the signing party and the US government. The agreement states that the signing party undertakes an obligation to provide support to the immigrant for the whole time while he or she is going to live in the U.S. in permanent resident status. The law lists five circumstances when the sponsor’s financial obligation terminates: (1) the sponsored immigrant becomes a citizen of the United States; (2) the sponsored immigrant has obtained forty (40) quarters of coverage under Title II of the Social Security Act; (3) the sponsored immigrant ceases to hold LPR status and departs the United States; (4) the sponsored immigrant becomes subject to removal but applies for and obtains a new grant of adjustment of status; or (5) the sponsored immigrant dies. Id. § 213a.2(e)(2)(i)(A)-(E). The Form I-864 presently makes explicit that “divorcedoes notterminate your obligations under this Form I-864.”
Further, this contractual obligation can be enforced in any State or Federal court. Very often it is being enforced in connection with divorce proceedings. It is important to remember that obligations under the I-864 are separate from any obligations and restrictions that the couple might outline in prenuptial or post-nuptial agreements. See Toure-Davis v. Davis, MD Dist Court. 8:13-cv-00916-WGC. As explained in the decision, a party seeking enforcement of the contract must submit an affidavit specifying failure to provide support for each year, and explaining how he or she was able to support herself/himself.