If the I-864 is a Contract why is it titled an Affidavit?

The I-864 is indeed referred to as an "Affidavit of Support" by U.S. Citizenship and Immigration Services (USCIS). It is an affidavit in that the sponsor or joint sponsor affirms that by signing the affidavit s/he agrees to the terms and to be bound by the terms. The I-864 is a contract that serves as a legal obligation between the sponsor and the U.S. government. The affidavit is a unique contract. The other party who is the US Government does not sign the contract and a third-party - the beneficiary - has standing to sue for performance.

The I-864 contains contract-like language that commits the sponsor to providing financial support to the immigrant. The document outlines specific obligations, including:

• The sponsor's promise to provide financial support to the immigrant if they become a public charge

• The sponsor's agreement to reimburse the government for any means-tested benefits paid to the immigrant beneficiary.

• The sponsor's commitment to provide financial support to the immigrant for a certain period of time, usually 10 years. Immigrants who sue their sponsors and the attorneys who represent them will define support in the light most favorable to them. Sponsors receive messages from these attorneys that they have no defense to paying the beneficiary and the beneficiary’s attorney. This is not the case. There are many grey areas in the obligation of the sponsor under the I-864 and what is considered support. There are also grey areas in determining whether the immigrant is entitled to support.

• There are 5 events that terminate the contract by operation of law. In addition to the terminating events there is offset to support that may be credited to the sponsor.

Because of these contractual elements, some legal experts refer to the I-864 as a "contract-like" document or a "contract-affidavit." Others argue that it's more accurate to view it as an "affidavit-contract" since it serves as both a sworn statement and a binding agreement.

Ultimately, while the I-864 is officially referred to as an "Affidavit of Support," its contractual elements and obligations make it an important and binding document in U.S. immigration law.

If you find yourself a party to litigation regarding your support obligation based on the I-864 Affidavit of Support contact Mulder Law.