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The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Old Sep 24th 2009, 12:59 am
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Default The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Beginning and End of the Contract

1. Contract begins when the alien becomes a permanent resident (not when the I-864 is signed)

2. Contract ends if:

***Alien becomes a U.S. Citizen

***Alien can be credited with 40 qualifying quarters of coverage under Title II of the Social Security Act, 42 USC §401 et seq. http://apps.state.or.us/caf/fsm/15nc-e.htm

3. Alien ceases to hold Lawful Permanent Resident status (Green Card Holder) and leaves the U.S.

4. Alien is in removal proceedings, obtains a grant of new Adjustment of Status and with that, a new Sponsor

5. Alien dies

6. Sponsor dies

What is the Sponsor Promising? - Sponsor agrees to support the Alien at 125% of the Poverty Guidelines Level. INA §213A. http://www.uscis.gov/files/form/I-864P.pdf

Who Can Enforce the Contract?

1. Alien

2. Federal Government

3. State Government or Municipality/County/Etc.

4. Any other entity that provides any means-tested public benefit to the Alien

5. Not the USCIS

Where Can the Contract Be Enforced?

1. Any Federal Court

2. Any State Court

How Does the Suing Party Get the Sponsor’s Information?

1. Agencies that provide means-tested public benefits may submit Forms G-845 and G-845S to USCIS to obtain the name, address and social security number of the sponsor

2. Note: Sponsors must notify the Attorney General and the state in which the alien lives of any address changes for the entire time of the support obligation

***Failure to provide notice can result in fines from $250 to $2,000, or

***If the Alien has received means-tested public benefits, $2,000 to $5,000

Joint Sponsors Have Accepted Joint and Several Liability for the Support Obligation

1. Joint Liability means that the support obligation may be enforced against the sponsor and joint sponsor so that each may be liable for a portion of the total amount due.

2. Several Liability means that the alien or any federal, state or local agency may choose to sue only the sponsor or Joint Sponsor for the entire amount.

REMEMBER: The I-864 Survives Divorce and is Separately Enforceable as a Contract
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Old Sep 24th 2009, 1:49 am
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Originally Posted by SusanPai View Post
Who Can Enforce the Contract?

1. Alien

2. Federal Government

3. State Government or Municipality/County/Etc.

4. Any other entity that provides any means-tested public benefit to the Alien

5. Not the USCIS

Where Can the Contract Be Enforced?

1. Any Federal Court

2. Any State Court

How Does the Suing Party Get the Sponsor’s Information?

1. Agencies that provide means-tested public benefits may submit Forms G-845 and G-845S to USCIS to obtain the name, address and social security number of the sponsor

2. Note: Sponsors must notify the Attorney General and the state in which the alien lives of any address changes for the entire time of the support obligation

***Failure to provide notice can result in fines from $250 to $2,000, or

***If the Alien has received means-tested public benefits, $2,000 to $5,000

Joint Sponsors Have Accepted Joint and Several Liability for the Support Obligation

1. Joint Liability means that the support obligation may be enforced against the sponsor and joint sponsor so that each may be liable for a portion of the total amount due.

2. Several Liability means that the alien or any federal, state or local agency may choose to sue only the sponsor or Joint Sponsor for the entire amount.
Susan:

An excellent summary. I would like to add a few points, if I may.

First of all, it should be remembered that the I-864 is, in fact, a contract. As such, there are often defenses to contract actions -- all lawyers were tortured with these defenses in the very first year of law school. I am not covering all of the possible defenses other than to note they may exist -- the availability is dependent upon the facts and the law of the tribunal in which suit is filed.

This can be something as simple as the statute of limitations. There is often a duty of the plaintiff to "mitigate" damages -- for example, after divorce, the alien can't simply say "I want 125% poverty level even though I am making no effort to pay and I am now living in an unmarried state with my new boyfriend."

Can a Family Law Court assume jurisdiction over obligations under the I-864? I don't know, but it seems it is a good idea. [I advised a colleague in one dissolution action that AmCit husband should agree to pay for health insurance for soon to be ex as the cheapest way to protect himself].

There is not yet much in the way of published case law on this -- but the issues in contract law and family law can be intertwined with the I-864.

Second -- "joint and several liability" also means that any ONE of the obligors may be responsible to pay the ENTIRE amount, not just the proportional amount. For example lets say sponsor A loses his job and sponsor B wins the lottery -- the plaintiff can leave A alone and go after B for the entire obligation.

Third -- I have no idea whether or not, or on what terms, the obligation under the I-864 can be discharged in bankruptcy.
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Old Sep 24th 2009, 1:55 am
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Oooh, the bankruptcy issue. A superb point! I would guess as to government obligations, No. but maybe as to the civilian sponsor... ??? Let me know if you find out.
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Old Sep 24th 2009, 2:13 am
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Originally Posted by SusanPai View Post
Oooh, the bankruptcy issue. A superb point! I would guess as to government obligations, No. but maybe as to the civilian sponsor... ??? Let me know if you find out.
Hi Susan:

I am making a point to the people who participate in this forum, that the postings of the attorneys here are often general in nature -- they are rarely the "complete" or the "definitive" answers.

As the late Paul Harvey liked to say "And now for the rest of the story ..."

So, in reading lot of the posts here, the participants should be aware that there may be some little fact in your case that changes the whole story in ways you cannot know.
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Old Sep 24th 2009, 2:45 am
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Death does not nullify the contract either. If the sponsor dies, the contract is in force until the estate is settled.

Also need to mention that if the couple divorces and none of the stated points occur to discharge the contract, then the I-864 shall remain in effect and be enforceable even if the sponsored alien remarries.

One other note is that a few divorce attornies have been able to sue for and get for their clients, alimony that will maintain their lifestyle at 125% of the poverty guides for a single person.

Last edited by Rete; Sep 24th 2009 at 2:48 am.
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Old Sep 24th 2009, 6:29 pm
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Thank you so much, SusanPai!
I'm going to pin this; if someone would transfer it to the wiki it will live all the much longer, and be appreciated by so many!
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Old Nov 1st 2009, 1:20 am
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Just wondering about the I-864 if filed by a joint sponsor in USA, is it OK to email them the form and them to mail it to me to take to the embassy in London or sould they deal directly with the embassy. or send it there??
Many thanks
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Old Nov 1st 2009, 11:50 am
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Originally Posted by rachococo View Post
... is it OK to email them the form and them to mail it to me to take to the embassy in London
Yes.


... or sould they deal directly with the embassy. or send it there?
No.

Ian
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Old Nov 1st 2009, 4:41 pm
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Originally Posted by rachococo View Post
Just wondering about the I-864 if filed by a joint sponsor in USA, is it OK to email them the form and them to mail it to me to take to the embassy in London or sould they deal directly with the embassy. or send it there??
Many thanks
Having your Joint Sponsor mail the documents directly risks them never getting matched up with your file.
However, Joint Sponsors who want to keep their information confidential can put it in a sealed envelope for the applicant to give to the Consulate.

If your JS really really wants to keep it secret and/or send it directly to the Consulate, snoop around; there may be a way to do that with some wrangling.
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Old Nov 1st 2009, 7:22 pm
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

Thanks for that. My JS would rather send to me anyway so thats fine. Just trying to sort out my USC I-864 now...he hasn't had any earnings in the USA for about 7 years and hasn't filed tax returns.....
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Old Jan 5th 2010, 3:09 am
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Default Re: The I-864 Affidavit of Support = A Contract Ensuring $upport of the Immigrant

topic un-pinned and retained in the wiki here: http://britishexpats.com/wiki/I-864_..._the_Immigrant
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