What Is the I-864 Affidavit of Support?
The I-864 Affidavit of Support is a contract between the Sponsor and the United States government. The purpose of the contract is to ensure that financial support to the immigrant is provided by the sponsor and the immigrant does not become a burden on the U.S. Taxpayer.
The I-864 contract legally binds the sponsor to provide financial assistance to the immigrant at 125% of the federal poverty guideline as established by the Social Security Administration on an annual basis. The sponsor must repay the cost of any means-tested benefits paid to the immigrant.
The immigrant who has a sponsor may not qualify for means-tested benefits. The government expects the sponsor to provide for the immigrant as set forth in the contract.
When an immigrant who has a sponsor applies for benefits, the assets and income of the sponsor as well as his or her personal income and assets are considered. Generally the immigrant will not qualify. Where a sponsor and the immigrant spouse qualify for assistance it is the sponsor spouse that must apply for the benefits.
In the event of an emergency situation the government may provide means-tested benefits to the immigrant. If this occurs the government may require reimbursement from the sponsor and may sue the sponsor for breach of contract.
When threatened with a lawsuit for breach of contract or with a support obligation pursuant to a divorce it is important to retain an attorney who is knowledgeable in both immigration law and contract law.
When Does the I-864 Contract Terminate?
There are 5 events that will terminate the I-864 contract by operation of law. They are discussed below. In addition to terminating events there are facts specific to each person’s situation that may offset any obligation owed pursuant to the I-864.
There is minimal case law that addresses the termination of the I-864 when compared to other areas of contract law. Court jurisdictions are at odds with each other in the interpretation of the terms of the I-864 Contract.
It is important to have an experienced immigration and contracts attorney review your personal citation to determine whether a terminating event has occurred - particularly when addressing the second terminating event - and whether you have arguments for the offset of One common scenario leading to the termination of an I-864 contract is the expiration of the agreement period, which typically occurs after the sponsored alien becomes a U.S. citizen, accumulates 40 qualifying quarters of work, passes away, or leaves the United States permanently.
The Five Terminating Events are:
The Immigrant Becomes a U.S. Citizen
When an immigrant has received a green card through marriage he or she can and should apply to become a U.S. citizen in 3 years. For those who have acquired green card status by other means the immigrant must generally wait 5 years to apply for naturalization.
The sponsor should encourage the immigrant to become a citizen as soon as the immigrant is qualified to apply. The sponsor should encourage the immigrant to learn English and study civics so that the immigrant will be prepared to file for naturalization. The moment the immigrant is sworn in as a United States citizen the I-864 Contract terminates as a matter of law.
2. The Immigrant Earns or has Acquired 40 Work Quarters
Termination of the I-864 contract occurs when the sponsored immigrant accumulates 40 work quarters under the Social Security Act. Acquiring or earning 40 work quarters is considered a demonstration of self-sufficiency and financial independence.
This milestone of 40 work quarters is a significant moment for both the immigrant and the sponsor. The immigrant becomes independently qualified for social security benefits and means-tested benefits. The sponsor is no longer bound by the I-864 Contract to support the immigrant.
The immigrant that is married acquires qualifying quarters from his or her spouse AND from his or her own work while the parties are married. This is an area that is disputed among jurisdiction. The dispute arises in the number of quarters a spouse can earn and acquire and whether the immigrant loses the quarters he or she has acquired from a spouse upon divorce.
Preparing a good defense against the enforcement of the I-864 requires an attorney who is experienced and knowledgeable in the application of the second terminating event to your individual situation.
3. The Immigrant Leaves the U.S. Permanently
The I-864 contract is terminated if the sponsored immigrant permanently departs from the United States. The departure must be permanent. An immigrant who takes a brief trip abroad does not relieve the sponsor of supporting the immigrant pursuant to the I-864 Affidavit of Support.
Once the sponsored immigrant completes the permanent departure process from the U.S., it is crucial for the sponsor to notify the USCIS of this significant change in the immigrant's status. The sponsor should submit the necessary documentation, such as proof of the immigrant's departure.
4. The Immigrant Dies
In the unfortunate event of the sponsored immigrant's demise, the I-864 contract is terminated by operation of law.
It's crucial for sponsors to understand that despite the termination of the I-864 contract, there are potential legal repercussions to consider.
In such situations, the sponsor might still be liable for any means-tested public benefits that the deceased immigrant received.
5. The Immigrant is deported by the United States government.
The sponsor’s obligation to support the immigrant continues until the immigrant effectively leaves the United Stated State. Once the immigrant has left the United States pursuant to a removal order the contract terminates by operation of law.
As a defense to removal the immigrant may file a new I-485 based on an approved Alien Relative Petition. The new I-485 will include an I-864 contract filed by the petitioner/sponsor. If approved the previous I-864 terminates by operation of law and the new sponsor takes over the obligation.
Mulder Law: Your Trusted Partner in Navigating The I-864 Affidavit of Support!
Navigating a defense to the enforcement of the I-864 Affidavit of Support can be a daunting journey, fraught with legal complexities and significant implications for both sponsors and immigrants alike. At Mulder Law, we pride ourselves on our ability to guide our clients through these challenges with knowledge, experience, empathy, and efficiency. We are dedicated and well-versed in the nuances of the I-864, ensuring that our clients receive comprehensive support tailored to their unique circumstances. If you find yourself in need of assistance with your I-864 obligations, or if you have any questions about your rights and responsibilities as a sponsor, do not hesitate to reach out to us.
Together, we can find a pathway forward, ensuring that your financial and legal interests are safeguarded every step of the way.
