When a United States citizen or lawful permanent residence marries a noncitizen, the process to sponsor the noncitizen immigrant involves many steps. One very important aspect of the petitioning process is the I-864 form, otherwise known as the Affidavit of Support. The Affidavit of Support is a legally binding contract between the sponsor and the federal government confirming that the immigrant will have financial support. This document is required by the government to ensure that the immigrant will not become dependent on public benefits.
To qualify as a sponsor, the petitioner must show that their household income meets at least 125% of the Federal Poverty Guidelines. This required income depends on the size of the household. When determining the size of the household, USCIS takes the following people into consideration: the petitioner, the immigrant, the petitioner’s children, the immigrant’s children, and any other dependents claimed on taxes. If the petitioner does not meet this threshold, a joint sponsor who meets the income requirement can file an Affidavit of Support as well. The joint sponsor can be a family member or a close trusted friend.
One of the most important aspects of the Affidavit of Support is that the financial obligation can last for many years, even upon the divorce of the couple. When couples divorce, many people assume that the financial obligation under the Affidavit of Support ends, but that is not the case.
The sponsor’s responsibility, whether it is solely the petitioner or a joint sponsor as well, can only be terminated if one of the following events occur:
- The immigrant becomes a United States Citizen
- The immigrant earns 40 qualifying quarters of work (approximately 10 years of full-time employment)
- The immigrant permanently leaves the United States
- Death of the sponsor or the immigrant
It is very important for potential petitioners to note that for the Affidavit of Support to become binding, the immigrant must become a permanent resident. Therefore, if a petitioner wishes to terminate their liability under the Affidavit of Support, they must take steps to stop the family petition process. If the application for permanent residence has already been filed but the petitioner no longer wishes to be liable, they must contact USCIS and request that the application be cancelled. Alternatively, if the application for permanent residence is denied for any reason, the provisions of the Affidavit of Support are not triggered.
In practice, many immigrants who obtain permanent residence through marriage go on to establish successful careers and financial stability, therefore cases where a sponsor is required to provide financial support under the Affidavit of Support obligation are relatively uncommon. However, because the affidavit creates a legally binding contract, it is important for couples to understand the potential long-term obligations associated with signing the form before moving forward with the immigration process.
Having a team of attorneys who practice both family and immigration law is extremely important for this process. Whether you are married to a noncitizen and are ready to take the next step in the family petition process, or you are contemplating divorce and have concerns about how the Affidavit of Support may affect your financial responsibilities, we are committed to guiding you with clarity, compassion, and expertise.
Nathalie Kabongo-Chavez
