Form I-864 03/06/18 Page 7 of 12
DRAFT
NOT FOR
PRODUCTION
03/31/2020
Part 9. Sponsor's Contract, Statement, Contact
Information, Certification, and Signature
(continued)
What is the Legal Effect of My Signing Form I-864?
If you sign Form I-864 on behalf of any individual (called the
intending immigrant) who is applying for an immigrant visa or
for adjustment of status to that of a lawful permanent resident,
and that intending immigrant submits Form I-864 to the U.S.
Government with his or her application for an immigrant visa or
adjustment of status, under INA section 213A, these actions
create a contract between you and the U.S. Government. The
intending immigrant becoming a lawful permanent resident is
the consideration for the contract.
The U.S. Government cannot make you sign Form 1-864 if you
do not want to do so. But if you do not sign Form I-864, the
intending immigrant may not become a lawful permanent
resident in the United States.
What If I Choose Not to Sign Form I-864?
What Does Signing Form I-864 Require Me To Do?
If an intending immigrant becomes a lawful permanent resident
in the United States based on a Form I-864 that you have
signed, then you must do all of the following until your
obligations under this Form I-864 terminate:
A. Provide the intending immigrant any support
necessary to maintain him or her at an income that is
at least 125 percent of the Federal Poverty Guidelines
for your household size (100 percent if you are the
petitioning sponsor and are on active duty in the U.S.
Armed Forces or U.S. Coast Guard, and the intending
immigrant is your husband, wife, or unmarried child
under 21 years of age); and
Notify U.S. Citizenship and Immigration Services
(USCIS) of any change in your address, within 30
days of the change, by filing Form I-865.
B.
If an intending immigrant becomes a lawful permanent resident
in the United States based on a Form I-864 that you have signed,
then, until your obligations under Form I-864 terminate, the U.S.
Government may consider (deem) your income and assets as
available to that individual, in determining whether he or she is
eligible for certain Federal means-tested public benefits and also
for state or local means-tested public benefits, if the state or local
government's rules provide for consideration (deeming) of your
income and assets as available to the individual.
What Other Consequences Are There?
If you do not provide sufficient support to the individual who
becomes a lawful permanent resident based on a Form I-864
that you signed, that individual may sue you for this support.
What If I Do Not Fulfill My Obligations?
This provision does not apply to public benefits specified in
section 403(c) of the Welfare Reform Act such as emergency
Medicaid, short-term, non-cash emergency relief; services
provided under the National School Lunch and Child Nutrition
Acts; immunizations and testing and treatment for communicable
diseases; and means-tested public benefits under the Elementary
and Secondary Education Act.
If a Federal, state, local, or private agency provided any covered
means-tested public benefit to the person who becomes a lawful
permanent resident based on this Form I-864 that you signed,
you are responsible for reimbursing the agency for the amount
of the benefits they provided. If you do not make the
reimbursement, the agency may sue you for the amount that the
agency believes you owe. If you fail to reimburse the benefit
granting agency, you may become ineligible to sponsor anyone
in the future.
If you are sued, and the court enters a judgment against you, the
individual or agency that sued you may use any legally
permitted procedures for enforcing or collecting the judgment.
You may also be required to pay the costs of collection,
including attorney fees.
If you do not file a properly completed Form I-865 within 30
days of any change of address, USCIS may impose a civil fine
for your failing to do so.
When Will These Obligations End?
Your obligations under this Form I-864 will end if the
individual you are sponsoring who becomes a lawful permanent
resident based on the application for which this affidavit was
required:
Becomes a U.S. citizen;A.
Has worked, or can receive credit for, 40 quarters of
coverage under the Social Security Act;
B.
Has abandoned or lost lawful permanent resident
status and has departed the United States;
C.
Is subject to removal, but applies for and obtains, in
removal proceedings, a new grant of adjustment of
status, based on a new affidavit of support, if one is
required; or
D.
Dies.E.
Your obligations under this Form I-864 also end if you die.
Therefore, if you die, your estate is not required to take
responsibility for the individual's support after your death.
However, your estate may be required to reimburse a benefit
granting agency for any means-tested public benefits that the
intending immigrant received before you died.