The U.S. immigration system allows residents and citizens to petition for family members such as spouses, parents, children, siblings, or stepparents. However, the petitioner may not always have the financial means required to cover the expenses and needs of the immigrant being sponsored. That is where sponsors come in.
Many family or employment-based immigration petitions require the inclusion of Form I-864, Affidavit of Support. Through this form, the petitioner or another individual accepts specific responsibilities toward the federal government, state governments, and, in certain circumstances, the immigrant themselves.
Sponsoring someone—whether a family member or not—who is seeking a better life in the United States can be an act of solidarity and commitment, but it can also entail risks. If you are considering becoming an immigration sponsor, here are six facts you should keep in mind.
6. USCIS Can Access Your Financial Info
It stands to reason that USCIS needs to know the financial situation of the person signing Form I-864. The form requests information regarding the sponsor’s income, household, dependents, tax returns, and—where applicable—assets and other financial documentation.
Furthermore, the new edition of the form includes an authorization allowing USCIS and the Department of State to request information about the sponsor from consumer reporting agencies. The form also provides for the possibility of sharing that information with the sponsored immigrant when appropriate.
This means that the sponsor’s credit information will be accessible to government entities and the immigrant in question.
It is worth noting that USCIS has not established a minimum credit score for sponsors, nor has it stated that it will conduct credit checks in every case. Therefore, the new requirement should not be interpreted as a “good credit or no residency” rule; however, sponsors should be aware that financial and credit information may be part of the analysis regarding the sufficiency of the affidavit of support.
5. You Commit to Providing Financial Support to the Immigrant
One of the most important aspects of Form I-864 is precisely its financial nature.
Since the 1960s, the U.S. Department of Health and Human Services has issued Federal Poverty Guidelines. These serve as a benchmark—based on annual household income per person or family unit—to determine whether an individual or group qualifies as living in poverty for purposes such as applying for government assistance.
To ensure the immigrant does not become a public charge, the sponsor pledges to take responsibility for the immigrant’s financial well-being, maintaining them at an income level of at least 125% of the federal poverty guideline.
If the sponsor is on active duty in the Armed Forces or the Coast Guard and the beneficiary is their spouse or child, the requirement is only 100% of the guideline.
This does not mean the sponsor must automatically hand over a fixed amount of money to the immigrant each year. The obligation is to provide the necessary support to maintain the immigrant at the level established by law, as applicable.
4. Each Sponsorship Limits the Number of Future Ones
There is no general maximum number of immigrants a person can sponsor using Form I-864. However, each new sponsorship can affect the calculation of your household size and, consequently, the income level you must demonstrate.
In other words, every immigrant you sponsor counts as a dependent in your household. Even an immigrant you sponsored previously may still be included in your household calculation for a new Form I-864 if your obligation toward that person remains in effect, even if they do not live with you. Therefore, anyone planning to sponsor multiple family members should analyze their financial situation before signing each new affidavit.
3. You Could Face Lawsuits and Claims
Federal law establishes that the sponsor may be held liable to the immigrant and, under certain circumstances, to the federal, state, or local government, or to entities providing certain means-tested public benefits.
If the immigrant receives a benefit subject to the reimbursement rules applicable to Form I-864, the relevant entity may request that the sponsor reimburse the cost. If the sponsor fails to respond or pay, the law allows for legal action to be taken to recover those funds.
Likewise, the immigrant may sue their sponsor for financial support if they can demonstrate that they have not received the required assistance.
This does not mean that every government benefit received by the immigrant automatically creates a debt for the sponsor. The law establishes exceptions and specifies which benefits are subject to these provisions.
That is why it is important not to confuse the I-864 obligation with unlimited liability for absolutely any public service the immigrant uses.
2. The Obligation Can Last Many Years
Probably one of the biggest misconceptions about the I-864 is thinking that the obligation ends when the family or employment relationship changes.
In reality, the commitment can last for decades—even until the sponsor’s death.
This obligation generally concludes only if the immigrant:
- Becomes a U.S. citizen.
- Worked or received credit for 40 quarters of coverage under the Social Security Act (a period of around 10 years).
- Ceases to be a permanent resident and leaves the United States under circumstances contemplated by the regulations.
- Obtains a new grant of adjustment of status in removal proceedings that requires a new affidavit of support.
- Passes away.
It does not matter if a spouse was sponsored and the relationship dissolves; divorce does not end the obligation.
Therefore, signing an I-864 should be considered a long-term legal decision, not merely an administrative requirement to complete an immigration process.
1. Sponsorship Can Affect Your Household Finances
Finally, although the legal obligation belongs to the person signing the I-864, its economic consequences can impact the financial planning of their entire family.
Finances, assets, and economic commitments acquired within a marriage are shared. Consequently, sponsorship will impact the couple’s monthly budget and savings capacity.
Know Your Obligations Before Signing
Sponsoring an immigrant—whether a family member, employee, or acquaintance—is a noble act, as it opens up opportunities for the beneficiary that they might not otherwise have on their own. This list is not intended to discourage potential sponsors, but rather to clarify the magnitude of the commitment involved. Sponsoring is both an act of trust and a legal responsibility.
Therefore, before signing, it is wise to ask yourself: Can I meet this financial obligation even if the beneficiary does not find employment immediately?
Seek Legal Advice on Immigration Matters Before Becoming a Sponsor
Form I-864 entails financial obligations that can last for years. The sponsor must meet specific income and residency requirements, provide adequate financial evidence, and understand the circumstances under which the obligation remains in effect.
At Aguado Immigration Firm, we understand that a family-based petition affects more than just the person seeking residency; it can also represent a significant commitment for the individual who agrees to shoulder the financial burden.
Our team can help you evaluate the process before filing the application, determine which financial requirements apply to your situation, review the necessary documentation, and explain the obligations you will assume by signing Form I-864.
If you’re thinking of sponsoring a U.S. immigration petition, Aguado Immigration Firm can help you understand your responsibilities and properly prepare for the process from the start.
