USCIS’s Affidavit of Support (Form I-864) is required whenever someone applies for an immigrant visa at a U.S. Consulate or adjustment of status to permanent resident in the United States, based upon a family or spouse petition. The Affidavit of Support is actually a legal contract between three parties, the beneficiary (the person immigrating), the sponsor (the person who signs the Form) and the U.S. Government. The Affidavit of Support because a source of concern when and if the immigrant applies to a Federal, State, or local governmental agency for public benefits based on ability to pay, within the time frame covered by the Affidavit of Support.
For those people asked to become a joint sponsor, it is very important to understand they are making a contract with the U.S. Government, and it is a contract that the U.S. government and the foreign national beneficiary is able and willing to enforce. This is a serious commitment.
The typical case in which we have seen enforcement occur has been in divorce situations. On several occasions a foreign spouse divorces the U.S. spouse, then seeks alimony based upon the Affidavit of Support, to the amount of 125% of poverty level income, until one of the five “terminating events” occurs.
When people seek advise on whether to sign an Affidavit of Support for a relative or friend, ask this question: “Am I willing to support them, always?” If not, then do not sign the Affidavit of Support.
