Signing an Affidavit of Support seems, on the surface, like a straightforward act of generosity. A family member or friend needs help qualifying for an immigrant visa, and you step in to provide financial backing. You sign the form, submit the documents, and assume that your role ends once your loved one arrives safely in the United States and begins building their new life.
For many joint sponsors, that is exactly how the story unfolds. But for others, the Affidavit of Support becomes the source of significant legal and financial exposure. Exposure that they did not fully understand when they signed.
At Winterberg Law Firm, P.C., we believe that every prospective joint sponsor deserves to understand the full picture before signing. This article addresses the legal risks of joint sponsorship with the candor and clarity that the topic demands.
The Affidavit of Support Is a Federal Contract
This point cannot be overstated. Form I-864 is not an informal pledge or a letter of moral support. It is a contract under federal law. Specifically, under Section 213A of the Immigration and Nationality Act. By signing it, the joint sponsor becomes legally obligated to:
- Provide financial support to the sponsored immigrant at a level that maintains them above 125% of the federal poverty guidelines
- Reimburse any federal, state, or local agency that provides means-tested public benefits to the sponsored immigrant
Both the immigrant and any government agency that has paid benefits to the immigrant can bring a civil lawsuit against the joint sponsor to enforce these obligations.
Courts across the United States, including federal district courts and state courts, have ruled in favor of both immigrants and government agencies seeking to enforce I-864 obligations. This is not a theoretical risk. It is a live one.
Which Public Benefits Trigger Reimbursement Obligations?
Not every benefit received by an immigrant triggers a reimbursement obligation. The law distinguishes between “means-tested” public benefits and other forms of government assistance.
Benefits that are typically considered means-tested and may trigger reimbursement obligations include:
- Supplemental Security Income (SSI)
- SNAP (Supplemental Nutrition Assistance Program, formerly food stamps)
- Medicaid (with some exceptions for emergency services)
- Temporary Assistance for Needy Families (TANF)
- State-funded cash assistance programs
- Certain other federal, state, or local benefit programs designated by the relevant agency
Benefits that are generally not considered means-tested include Social Security retirement benefits (based on work history), Medicare, unemployment compensation, and emergency medical assistance.
It is also important to note that while the federal government historically has not aggressively pursued joint sponsors for public benefits reimbursement, this posture can and does shift with changes in administration and policy.
Litigation by the Sponsored Immigrant
The more frequently litigated scenario is not government reimbursement suits. It is immigrants suing their joint sponsors directly.
Courts have consistently held that immigrants may bring a civil action against a joint sponsor to enforce the I-864 support obligation. In divorce cases involving immigrant spouses, for example, courts have awarded the immigrant ex-spouse ongoing support from the petitioner (and potentially the joint sponsor) at 125% of the poverty guidelines. Independent of and in addition to any alimony award.
This has particularly significant implications in cases where:
- The petitioning spouse and the immigrant beneficiary later divorce
- The immigrant loses employment and falls below the income threshold
- The immigrant has limited work authorization or faces employment barriers
- The immigrant requires ongoing financial assistance for medical or housing reasons
The joint sponsor’s obligation runs directly to the immigrant, not merely through the petitioner. If the petitioner cannot or will not fulfill the support obligation, the immigrant may look to the joint sponsor for enforcement.
When Does the Obligation Actually End?
As noted in our first blog in this series, the terminating events for an I-864 obligation are specific and limited. To reiterate them clearly:
- The sponsored immigrant naturalizes as a U.S. citizen
- The sponsored immigrant works and accumulates 40 qualifying Social Security quarters
- The sponsored immigrant abandons their lawful permanent resident status and permanently departs the United States
- The sponsored immigrant or the joint sponsor dies
What does not terminate the obligation:
- Divorce
- The passage of time alone
- The immigrant becoming financially independent
- The immigrant remarrying
- The joint sponsor’s belief that they are “off the hook”
A joint sponsor who has not seen or communicated with a sponsored immigrant in years may still be legally obligated to provide support if none of the terminating events has occurred.
The Do’s of Protecting Yourself as a Joint Sponsor
Do keep records of all I-864 documentation you submit. You should retain a complete copy of the signed Affidavit of Support, your financial documentation, and the confirmation of the immigrant’s visa issuance or status adjustment. This documentation may be essential in any enforcement action.
Do monitor whether the immigrant you sponsored has reached any of the terminating events. If you have reason to believe they have naturalized or accumulated 40 work quarters, consult an immigration attorney about confirming and documenting the termination of your obligation.
Do consult an immigration attorney if you receive any correspondence suggesting a reimbursement claim or lawsuit. These actions have strict procedural timelines. Inaction can result in default judgments.
Do communicate proactively with the petitioner if your financial circumstances change significantly. While you cannot unilaterally withdraw your I-864 obligation, documenting changed circumstances may be relevant in any enforcement proceeding.
Do review the situation if the immigrant you sponsored later applies for any public benefits. You may want to consult counsel about what obligations, if any, may be triggered and how best to address them.
The Don’ts of Risk Management as a Joint Sponsor
Don’t ignore any legal correspondence related to your I-864 obligations. Whether from a government benefits agency or from an attorney representing the sponsored immigrant, these notices require timely and informed responses.
Don’t assume that because you and the immigrant have no contact, your obligation has ended. The absence of a relationship does not extinguish a legal obligation. Only the specific terminating events described above accomplish that.
Don’t enter into any informal agreements with the petitioner or the immigrant that purport to modify or release your I-864 obligations. Such agreements are generally unenforceable as against public policy and will not protect you in a lawsuit.
Don’t allow the immigrant to use your address or financial information after the relationship has deteriorated. While this does not change your legal obligations, it can complicate factual disputes in litigation.
Don’t serve as a joint sponsor for a person you do not know well or whose circumstances you cannot monitor. The more attenuated your connection to the sponsored immigrant, the harder it may be to track terminating events and the more vulnerable you are to unanticipated liability.
Frequently Asked Questions
Q: Can a sponsored immigrant sue the joint sponsor even if they are currently employed? A: Yes. If the immigrant’s income falls below 125% of the federal poverty guidelines, the right to enforcement arguably exists regardless of whether the immigrant is currently working. Courts have broad discretion in evaluating these claims.
Q: Is there a statute of limitations on I-864 enforcement actions? A: Courts have applied varying statutes of limitations depending on the state and the nature of the claim. Some courts have applied contract law limitations periods ranging from 3 to 10 years. This area of law continues to develop. Consulting an attorney promptly upon receiving any notice is essential.
Q: What if the joint sponsor moves out of the country? A: The joint sponsor’s obligation does not terminate simply because they relocate abroad. Courts have exercised jurisdiction over joint sponsors who have moved internationally in appropriate circumstances.
Q: If the petitioner also signed an I-864, who is sued first? A: Both the petitioner and the joint sponsor are jointly and severally liable. The sponsored immigrant (or a government agency) may choose to pursue either or both parties, in any order.
Q: Can a joint sponsor negotiate a settlement if a lawsuit is filed? A: Yes. Like any civil lawsuit, I-864 enforcement actions may be resolved through negotiation and settlement. An experienced immigration attorney can evaluate the merits and potential settlement frameworks.
Winterberg Law Firm, P.C. represents immigrants and families in immigration matters throughout the El Paso, Texas region. If you are a joint sponsor who has received legal correspondence related to an Affidavit of Support obligation, contact our office by calling +1 915 701 2111 or +1 915 841 9777 1535. You can also visit us at Hawkins Blvd., Suite A, El Paso, 79925, TX.
