What is a sponsor's liability under the Affidavit of Support

An I-864 sponsor has two "buckets" of liability. (1) He has to repay the cost of means-tested public benefits (think Medicaid, TANF/cash assistance, and food stamps) provided to the immigrant. This is not currently enforced to any significant degree. (2) The sponsor has to maintain the immigrant's income at 125% of the poverty line, about $1,415/month or $17,000/year. This is very much enforceable, and green card holders have a well-established right to sue for such support. In that lawsuit, the green card holder may recover all costs and attorney fees spent enforcing the Affidavit of Support.
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Greg McLawsen
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[@mnaneek]

Thank you for answering these questions in a way that makes sense from a sponsor's perspective!

[@chrissaint-victor1606]

Greg your videos help me out so much you have no idea! Do these same rules apply if I were to sponsor for a friend for a Schengen visa?

[@kheirynschira7655]

What happens if the green card holder files for bankruptcy? Is the sponsor responsible for the debt?

[@Soundimmigrationlaw]

Good question. No, there is no liability in that scenario under the I-864. ~Greg

[@angelicamoreno3704]

Good evening. A few questions: - Can a federal government employee be a sponsor? - If so are there any possible liability issues? Thank you so much. It was a wonderful video.

[@Soundimmigrationlaw]

Yes, a federal government employee (making over 125% of the poverty line) can serve as a sponsor. Military personnel, for example, do this all the time. A government employee would have the same liability as any other I-864 sponsor. ~Greg

[@jacorkygu3756]

Does the immigrant's work history prior to the marriage, i.e. prior to the signed I-864, apply towards the 40 quarters of work?

[@PhotoAmbrosia]

Question: what liability, if any, is the sponsor responsible for if the person they sponsor commits a capital murder or any other heinous crime against an actual American citizen? Thank you.

[@Soundimmigrationlaw]

Nope. The Affidavit of Support has nothing to do with criminal liability.

[@jacorkygu3756]

Can a beneficiary waive their right to sue the sponsor in a pre-nup?

[@lindamanjarrez327]

Question. My mom currently needs surgery. Her doctor said she could get financial assistance but needs a sponsor. They need tax info, bank statements, & pay stubs. How does all this work & how does it affect the sponsor?

[@Soundimmigrationlaw]

A medical facility - unlike the immigration agencies - cannot require a Form I-864. It sounds like they are asking you to be finanaiclly responsible for her medical costs, but this is not a requirement of immigration law. ~Greg

[@rogeliodomingo5993]

I want to cancel my affidavit of support to my stepson, my ex-wife doesn’t want to give me the receipt and case number. What shall I do

[@gracetmodel]

Hi Greg, I'd like to ask if its acceptable for me to write a letter of assurance to my joint-sponsor that i promise to not be financial burden before or after i get my green card and able to work. Just so he can have peace of mind that i will not be a public charge that costs him money in the future if the government charges him. I hope you understand what mean. i mean if people can get married and sign a pre-nup why cant i do it with this application? I will be applying through my child who is turning 21 but is in college.

[@Soundimmigrationlaw]

That agreement might not be enforceable, especially within the 9th Circuit (governing the West Coast). Some courts have held that nuptial agreements cannot waive rights under the I-864. But you can still offer such a letter of assurance. ~Greg

[@gracetmodel]

@@Soundimmigrationlaw thank you very much

[@Sirecarter101]

Does the government provide any financial assistance for the sponsor and the immigrant

[@Soundimmigrationlaw]

No - in fact, the entire purpose of the I-864 is to make the sponsor responsible for the immigrant, instead of giving access to government assistance. ~Greg

[@Sirecarter101]

@@Soundimmigrationlaw thank you , also are there any type of humanitarian awards or benefits for the sponsor ?

[@Soundimmigrationlaw]

@@Sirecarter101 No, sponsors have only financial obligations, and no benefits.

[@maryanakalyniuk1272]

Hello! I'm a Us citizen and want to bring my mother here, I already filled out I-130 form and Affidavit of Support, case is in NVC now. My question is: Can my mother get free MetroHealth insurance when she comes here??? I'm her sponsor. Thank you in advance for your answer.

[@pbflex]

Thank you for your video. My question is, what if the beneficiary abuses this right and purposely stays unemployed just to claim the monthly payment?

[@Soundimmigrationlaw]

That doesn't happen in real life, because you can't really live off of $1,500/month. But from a legal standpoint, ability to work is *not* a defense to liability. In other words, that's part of the risk that a sponsor assumes when signing the Affidavit. ~Greg

[@pbflex]

Thanks for your reply, so if the beneficiary has an income of $900 a month, the sponsor could be liable to pay the beneficiary $600 month if the beneficiary decides to sue the sponsor. Or if the beneficiary makes above $1500 a month then the sponsor is not obligated to pay any support. Is that right? Also, what if the beneficiary is living with someone other than the sponsor? Are the living expenses provided to the beneficiary consider within the $1500 threshold?

[@pbflex]

⁠​⁠@@Soundimmigrationlaw hello I have another question. What if the immigrant files for divorce from the spouse who is also the sponsor, and then goes on to live with a newfound boyfriend/girlfriend? Let’s say that the immigrant is now being financially supported with rent, food and all other living expenses from the new significant other. The immigrant now has no need to find a job, will the sponsor still be liable to maintain the immigrant’s income above the federal minimum guideline?

[@mohdjamjoom7963]

I am a green card holder and my wife is a US citizen shes my sponsor and my brother is a joint sponsor and now we are living in his house and we have no job, when my wife applied to the benefits they told her that i am the GC holder is responsible of her and my brother the JS is responsible of me so automatically he is responsible of her also is that right?!!! I mean that my brother didnt sponsor her in first place and the gov website says that the liability of the sponsor ends when the resident becomes a US citizen and my wife is a US citizen

[@Soundimmigrationlaw]

No, your brother isn't responsible for supporting your wife under the I-864. Probably what you are hearing from the benefit agency is that you and your wife are part of the same household (as far as the agency is concerned) and your bother's income is "imputed" (counted) towards your household because he is a sponsor.

[@mohdjamjoom7963]

@@Soundimmigrationlawso is she qualified for benefits or not

[@analyortiz8907]

The liability of the sponsor end when the resident become a citizen. ?Also what about college financial aids?

[@Soundimmigrationlaw]

@@analyortiz8907 Yes, naturalization of a sponsored immigrant terminates the Affidavit. Courts don't have a clear answer on financial aid. A grant will often be counted as income; loans usually not since they have to be repaid. ~Greg

[@RobertTaylorFilms]

Great videos - can you please answer this one question: What happens if the green card holder commits a crime? Is the Sponsor liable in any way?

[@Soundimmigrationlaw]

Good question - there is no criminal liability under the Affidavit of Support. ~Greg

[@RobertTaylorFilms]

@@Soundimmigrationlaw Thank you!

[@ceciliagher]

Question what if the co sponsor owe, to the federal, student loan over 120,000.00, can you still be a co sponsor?

[@MrProfessional777]

How long do you have to be a sponsor?

[@Soundimmigrationlaw]

Until one of the 5 terminating events listed on the I-864. The main ones are: (1) becomes US citizen; or (2) has 40 quarters (10 years) of work history. But the mere passage of time by itself does not terminate the I-864, so it can last as long as the sponsored immigrant is alive, in theory. ~Greg

[@MeenaSharma-kf4ky]

Hi, my son who is a US citizen and currently doing ug in US University,will turn 21 in Oct 2023. He is not working. My husband worked in US for 8 years and SSN as well. He is currently in India and working in IBM. I'm homemaker.Can we show our income and assets to show our funds and fill I 864? If not then whats the best option for us. Thanks

[@SandenoPalmer]

would veterans disability benefits be subject to lawsuit . I understand these benefits can not be sued for or SSDI

[@Soundimmigrationlaw]

Do you mean could a sponsor be sued if the immigrant gets veteran disability benefits? Definitely not.

[@tervindar507]

Does the affidavit of support cause the sponsor to be responsible for lets say credit cards and/or a rent/mortgage payment? Is there a way to potential protect yourself in terms of a legally binding document as the sponsor?

[@Soundimmigrationlaw]

Good question and no - there's no open-ended liability for things like credit cards or other debts. I've heard of hospitals going after sponsors for unpaid medical bills, but there is no legal basis for doing so. In terms of protecting a sponsor from liability, that's also a no. The Affidavit is created by federal law, and court have held that private marital agreements cannot waive an immigrant's rights under the Affidavit. ~Greg

[@tervindar507]

@@Soundimmigrationlaw Hey Greg - I had a separate question, when submitting the forms are you able to elect to have a joint sponsor by choice, even if your above the income minimum requirements? or is that only an option when your income is too low.

[@Soundimmigrationlaw]

@@tervindar507 Interesting scenario. If a joint sponsor submitted a second I-864 it should be legally binding, even if it wasn't required (i.e., because the primary sponsor's income was high enough). I've seen that in files where USCIS didn't bother reviewing the second I-864 because it wasn't needed. But the regulations say that the contract is executed once filed. ~Greg

[@philipfonseca5540]

Hi, I had sponsored my wife's children for about a year now. They are buying cars and make about $1800 a month. Am I liable if they can't make their car payments? Also, they arrived here in July of 2023, my wife was diagnosed with cancer in May of 2023 and I am in very deep debt. Is there anything I can do to withdraw my sponsorship? Thank you for your help.

[@jackhickey5127]

How many immigrants can one individual sponsor?

[@ianrambo5555]

Good Day nice advice, what if my son only been here two years, and two years working and can only provide two years tax returns, because my wife on disability and he is the only green card holder. Can he still co sponsor me.

[@Soundimmigrationlaw]

Only the most recent tax return (or transcript) is required. So long as someone is a US Citizen *or* resident and earning over 125% of the poverty line for his household size, he can serve as a sponsor. ~Greg

[@Normal833]

Love your videos, it’s clear and concise.

[@Soundimmigrationlaw]

Thanks!

[@mazinmanea6587]

a great video was on youtube, and thanks, I need your help, what if a divorce happens between an immigrant and spouse(the sponsor), can an immigrant get married again while the immigrant is still under a conditional green card, not a citizen yet? is there any liability on the original sponsor after the immigrant gets married to another us citizen?

[@analyortiz8907]

What about when I become a citizen ?

[@AllyVelado]

If the immigrant is earning more than the Sponsor after the Divorce is the Green Card holder not a US Citizen yet and never completed the 40 % of working hours in Social Security is obligated to give the Sponsor Alimony or maintenance?

[@Soundimmigrationlaw]

The Affidavit of Support obligation runs only one way: from the sponsor to the immigrant-beneficiary. The immigrant-beneficiary has no legal duties of any sort under the contract. Any obligations regarding alimony/maintenance would be a state law matter, fully separate from the Affidavit of Support. ~Greg

[@AllyVelado]

Can you represent the immigrant for a state law matter concerning Alimony/ Maintenance as well as their assets?@@Soundimmigrationlaw

[@vampirerachel1]

Can a prenuptial agreement overide the liabilities?

[@Soundimmigrationlaw]

The Ninth Federal Circuit (governing California and other western states) has specifically said no, nuptial agreements cannot defeat rights under the I-864. ~Greg

[@MaryMohammadi-vs5fv]

Can I sue my sponsor who failed supporting me right after my arrival to the US? I am not green card holder. I am asylum applicant.

[@Soundimmigrationlaw]

Unfortunately the I-864 is not signed for asylum applicants and so this support is not available.

[@MaryMohammadi-vs5fv]

@@Soundimmigrationlaw thank you so much for your reply. Can I ask if this is impossible or I can sue in another way rather than I 864?

[@Richp20]

​@@MaryMohammadi-vs5fvget a job

[@marymendoza1746]

My brother sponsor my sister, but now after 18 yrs or so her husband wants a divorce, who is responsible for her ? My brother or her soon to be ex husband?

[@Soundimmigrationlaw]

Anyone who signed an Affidavit of Support would be potentially liable. But the contract may also have terminated by now, if she has 10 years of work history (40 quarters of work).

[@emadfarid5082]

What if the sponsors income changed and does not make enough money to support the beneficiary?

[@Soundimmigrationlaw]

That does not change the sponsor's legal obligation.

[@TheKingOfHalo]

Does sponsoring someone affect things like your borrowing power and ability to make purchases such as a home?

[@Soundimmigrationlaw]

No, it should have no consequence on credit-worthiness. ~Greg

[@Cari777]

Is there an exception if the immigrant is pregnant and applies for medicaid? Immigrant just entered the US didn't know she was pregnant.

[@Soundimmigrationlaw]

No, but again, no State or government agency in the country - to the best of my knowledge - pursues claims against sponsors. The only lawsuits I see are by green card holders enforcing their right to financial support, which is different from recouping the cost of public benefits. ~Greg

[@jackhickey5127]

@@Soundimmigrationlaw Can a private citizen bring a writ of mandate to force pursuit of such claim?

[@Soundimmigrationlaw]

@@jackhickey5127 You might be thinking of a qui tam action. That's never been tested. ~Greg

[@jackhickey5127]

@@Soundimmigrationlaw If successful, would legal expenses be billed to sponsor?

[@jackhickey5127]

@@Soundimmigrationlaw What if the affiant is an NGO? Are they still liable for 125% of the poverty level?

[@FracturedReality777]

Scary. If you're marrying a foreign woman, you're not right in the head to risk this type of liability.

[@Soundimmigrationlaw]

Or to look at it another way, if you're not willing to bet $1,500/month on a marriage, it might not be the right relationship.

[@Soundimmigrationlaw]

Or to look at it another way, if you're not willing to bet $1,500/month on a marriage, it might not be the right relationship.

[@FracturedReality777]

@@Soundimmigrationlaw that amount is exclusive of the wife's lawyer fees that the husband would have to pay, right? So wouldn't the actual amount be higher when lawyer fees are factored in?

[@carlandrews5810]

Try marrying an American woman. I trust my Colombian wife 100000 times more than my American ex wife.

[@jessicafigueroa8805]

I sponsored my mom 5 years ago she is 70 years old. She went to live with my sister to Miami, my sister recommended her to apply for food stamps and Medicair benefits. She was approved. She did this without my consent. How I will be affected? Can I ask her to remove these benefits

[@Soundimmigrationlaw]

If your mother needs food stamps and Medicaid that might be the most important consideration. She does not need you "consent" to apply for public benefits that she is legally entitled to. And no, you don't have any authority to kick her off of those public benefit programs. If she is unemployed/low-income she may have the ability to sue you for financial support, so you might want to be extra nice to mom. ~Greg