The USCIS Form I-864
The USCIS Form I-864 and Form I-864A is a legally binding contract that is between the signer (visa petitioner, joint sponsor, or a household member) and the U.S. Government and often, the consequence of signing this contract can be forgotten.
Contractual Nature of FORM I-864
Prior to 1996, Immigration did not require an Affidavit of support for family-based immigration cases. That changed when congress started requiring a legally binding affidavit and that is what Form I-864 is. It is legally enforceable and binding on the signer with very few exceptions. The aim of the Form I-864 is to ensure that if the immigrant eventually requires financial assistance, that assistance and support will come from the visa sponsor and not through public benefit programs.
How does Form I-864 achieve this goal?
1. By signing the Form, I-864, you are assuring the government that the prospective immigrant has revenue that is at the minimum 125% of the federal poverty guidelines. You can find the table with the income level guidelines for Form I-864 at http://www.uscis.gov/i-864p. These income levels are marginally greater for persons residing in Alaska or Hawaii. These income level guidelines are modified annually.
If the prospective immigrant's revenue level is below what is required, you are legally expected to remedy the situation by providing further support to add up to the disparity.
What happens when a marriage fails after the petitioner has brought in the spouse to the US?
Well, the petitioner is still required to provide the support for the immigrant. To be entitled to that support, the immigrant's revenue must be less than 125% of the poverty guideline.
An important consequence of Form I-864 that should be remembered is that –
i. A sponsored immigrant that is entitled to support can sue the petitioner in a state or federal court, for failure to provide said support, including costs of the lawsuit, and attorney fees for the immigrant's lawyer.
ii. Because Form I-864 has a jurisdictional waiver i.e., the petitioner will be compelled to defend the lawsuit even if they are out of state.
2. By signing the Form, I-864, you are agreeing to reimburse the government for cost of any government benefits program that the prospective immigrant may have benefitted from. Programs like Medicaid and TANF (cash assistance) excluding general medical care, such as emergency room visits. Often the sponsors wrongly believe that any medical care received by the sponsored immigrant becomes their responsibility, but the is believe is wrong.
The government has the legal ability to sue the prospective immigrants for cost of any public benefit received. It is rarely done, however, the Trump Administration had considered making this government ability to recover cost mandatory. If this policy is adopted, government agencies would be obligated to file claims against sponsors if prospective immigrants receive public benefits.
Duration on legal obligation derived from FORM I-864.
Your responsibilities remain while waiting for the first of these five actions to occur: the prospective immigrant
a. becomes a U.S. citizen;
b. can be attributed with 40 quarters of work;
c. is no longer a permanent resident and has left the U.S.;
d. is seeking permanent resident status from a different I-864 after being ordered removed; or
e. is dead.
The responsibility of the sponsor does not come to an end either if the prospective immigrant file for a divorce from the petitioner. Some sponsors wrongly believe that their responsibility will cease after 10 years, but that is inaccurate. The responsibility ceases after the immigrant can be attributed with 40 quarters of work. But that may likely not occur if for instance, the immigrant is divorced from her petitioner and does not work.
It is therefore safe to say that the duration of a sponsor's responsibility may last the lifetime of the immigrant.
Who has the responsibility to update information?
When you have a pending petition not just the Form I-864, you are required to update the U.S. government of any address change within 30 days of change by filing a Form I-865 accessible for download at http://www.uscis.gov/i-865. If you fail to appropriately file a Form I-865 can result in been fined up to $5,000.
USCIS normally will not file claims for fines against sponsors who fail to update their address. However, the government has all legal right to do so if it wants to.
Recommendations.
Before committing to sign a Form I-864, it will be beneficial to differentiate between a primary sponsor and joint sponsors/household members.
Who is a primary sponsor?
A primary sponsor is the visa petitioner who is starting the immigration case. In a marriage-based situation, this is the U.S. citizen or resident spouse. Usually, the visa petitioner (primary sponsor) is eager to sign the Form I-864 because they want to be with their spouses.
It is crucial to know that a nuptial agreement between spouses cannot remove the duties under Form I-864 from the primary sponsor.
Who are joint sponsors and household members?
Joint sponsors and household members are individuals who are included in the case in the promise of providing additional financial support in situations where the primary sponsor cannot provide the required financial support. They have the same legal responsibilities as a primary sponsor.
Unlike the visa petitioner, a joint sponsor or household member usually has far less involvement in the immigration process. They have nothing to gain from the process. Friends and families usually act as joint sponsors/ household member by signing Form I-864 as a form of support for the petitioner. They typically will not incur any financial debt by doing so.
Conclusion.
In most cases, signing a Form I-864 has no adverse or harmful consequences for the sponsor. However, it is imperative that the gravity of signing the Form is understood and they are legally enforceable.