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

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This article originally appeared as a post written by Susan Pai. Review the entire thread here: http://britishexpats.com/forum/showthread.php?t=632315

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:

   a) Alien becomes a U.S. Citizen
    b) 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
    c) Alien ceases to hold Lawful Permanent Resident status (Green Card Holder) and leaves the U.S.
    d)  Alien is in removal proceedings, obtains a grant of new Adjustment of Status and with that, a new Sponsor
    e) Alien dies
    f) Sponsor dies and the estate is settled.

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 __________________