The Affidavit of Support, commonly referred to as Form I-864, is a critical document in the U.S. immigration process. It serves as a legally binding contract between the sponsor (and, if applicable, a joint sponsor) and the U.S. government, guaranteeing financial support for an immigrant to ensure they do not become a public charge.
One significant aspect of the Form I-864 is that both the sponsor and any joint sponsor are jointly and severally liable for supporting the sponsored immigrant. This means that each party can be held responsible independently or together for repaying any means-tested public benefits that the immigrant may receive after admission to the United States. This liability extends until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (approximately 10 years), leaves the United States permanently, or dies.
This enforceability is often overlooked but has major implications, especially in cases involving divorce. Even if the sponsor and immigrant spouse separate or divorce, the sponsor’s financial obligation under the affidavit remains intact. The divorce does not terminate the sponsor’s responsibility to support the immigrant. This reality can come as a surprise to many sponsors who assume that ending the marriage ends their financial commitment.
Learn from the Case of Stump v. Stump
In the Northern District of Indiana, the case Stump v. Stump focused on a dispute involving an Affidavit of Support (Form I-864). Olga Stump sued her former husband to enforce the I-864 and recover public benefits she had received. The court examined whether the affidavit remains enforceable in the context of divorce and family law, stressing that the affidavit is a legally binding contract that survives divorce. It confirmed that the sponsored immigrant has the right to sue to enforce the sponsor’s obligations.
The key question was whether the sponsor’s financial responsibility under the affidavit continues despite the divorce. The court ruled that it does. In this landmark decision, the court emphasized that the affidavit is a contract between the sponsor and the U.S. government. Not just between spouses.
The sponsor argued that his obligations should end with the marriage, but the court rejected this claim, holding that the sponsor remains liable until one of the statutory termination events occurs, such as when the immigrant becomes a U.S. citizen or works enough quarters to end the obligation.
Importantly, the court also ruled that federal law governing affidavits of support remains enforceable even if a state court has already addressed related issues.
This ruling reinforces that divorce does not release sponsors from their legally binding promises made through Form I-864.
The Significance of the Affidavit of Support
The Affidavit of Support functions as an essential safeguard for the government to prevent immigrants from becoming public charges by ensuring sponsors’ financial responsibility. For immigrants, it provides assurance that their sponsors have committed to their financial well-being.
In divorce proceedings, sponsors may find themselves facing ongoing legal and financial responsibilities despite the dissolution of their marriage. This highlights the importance of understanding the enforceable nature of the I-864 before signing it.
In short, the Affidavit of Support is not just a simple form. It’s a legally binding contract with long-term effects. Sponsors and joint sponsors share full responsibility, especially when personal situations, like divorce, change. Understanding this obligation is essential to properly handle the expectations and duties involved in immigration sponsorship.
