Understanding the Affidavit of Support and Its Financial Obligations

The Affidavit of Support is one of the most important requirements in the family-based immigration process. Many sponsors view it as a routine form, but in reality, it is a legally binding contract with the U.S. government. By signing, a sponsor agrees to take on significant and long-term financial responsibilities for the immigrant they are helping. These obligations can extend far beyond the approval of the green card and, in some cases, even beyond the end of a marriage. Understanding the scope of this commitment is essential for anyone considering sponsorship.

What Is the Affidavit of Support and Who Must File It?

The Affidavit of Support, filed on Form I-864, is intended to ensure that immigrants entering the United States through family-based petitions do not become dependent on certain public assistance programs. When a U.S. citizen or lawful permanent resident sponsors a relative, they must demonstrate the ability to financially support that person at a level above 125% of the federal poverty guidelines for their household size.

To qualify as a sponsor, an individual must:

• Be a U.S. citizen or lawful permanent resident

• Be at least 18 years old

• Maintain domicile in the United States or a U.S. territory

If the petitioner does not meet the financial requirements, a joint sponsor may step in. A joint sponsor must independently meet all income requirements and sign a separate Affidavit of Support. Importantly, the joint sponsor assumes the same legal obligations as the primary sponsor, meaning both may be held accountable for the immigrant’s financial support.

How Long Does the Obligation Last?

Signing the Affidavit of Support is not a temporary responsibility. The obligation continues until one of the following events occurs:

• The immigrant becomes a U.S. citizen

• The immigrant earns 40 quarters of qualifying work (approximately 10 years) in the United States

• The immigrant permanently leaves the country

• Either the sponsor or the immigrant dies

Divorce, by itself, does not end a sponsor’s responsibility. Courts across the country have consistently upheld the enforceability of the affidavit, and in some cases former spouses have successfully sought financial support under it. For this reason, sponsors should not assume that ending a marriage automatically cancels their commitment.

Enforcement and Public Benefits

The Affidavit of Support is enforceable both by the U.S. government and by the sponsored immigrant. If the immigrant applies for certain means-tested public benefits, the government agency providing those benefits may request reimbursement from the sponsor or joint sponsor. These programs include:

• Supplemental Security Income (SSI) – monthly cash assistance for elderly or disabled individuals with limited income

• Temporary Assistance for Needy Families (TANF) – cash aid for families in financial hardship

• Medicaid – health coverage for low-income individuals (excluding long-term institutional care). Note that Medicaid coverage for prenatal care, including for pregnant women and up to 60 days postpartum, is not considered in public-charge determinations and therefore does not affect an immigrant’s public charge finding.

• Supplemental Nutrition Assistance Program (SNAP, or “food stamps”) – food assistance based on income

Not every public service qualifies. Benefits such as emergency medical care, disaster relief, public education, and certain other programs are generally excluded. The focus is on benefits that provide direct, ongoing financial support.

In addition to government enforcement, the sponsored immigrant has the right to file a civil lawsuit against the sponsor if sufficient support is not provided. Courts have recognized the affidavit as a legally enforceable contract, which makes it critical for sponsors and joint sponsors to understand the weight of their commitment.

Why Legal Guidance Matters

Because the Affidavit of Support is often misunderstood, sponsors may not realize the extent of their responsibility until years later—sometimes after a divorce or after the immigrant has applied for public benefits. An immigration attorney can provide valuable guidance by:

• Explaining the sponsor’s legal obligations in detail

• Assessing whether a joint sponsor is necessary

• Advising when and how an obligation may be terminated, such as after naturalization or accumulation of work credits

• Assisting with filing termination forms and maintaining proper documentation

• Representing sponsors in disputes related to the affidavit

Conclusion

The Affidavit of Support is far more than a procedural form. It is a binding financial commitment to the U.S. government and to the immigrant being sponsored. The obligations it creates can last for many years and are enforceable even after personal circumstances, such as divorce, change. Sponsors—and joint sponsors—should take the time to fully understand what they are agreeing to before signing.

If you have questions about your responsibilities under the Affidavit of Support, or if you are considering sponsoring a family member, consulting with an experienced immigration attorney can provide peace of mind and protect your interests. Our attorney at Tran Flores Law is available to guide you through this process. To schedule a consultation, call (512) 894-9984.