Affidavit of Support: An enormous responsibility

To millions of family-based and, in some cases, employment-based, petitioners and sponsors of foreign relatives, executing a Form I-864 or its various iterations seems like a mundane task.

So mundane that most people don’t bother to read the fine print on the form. This apathy could spell trouble. Recently, the US government issued a stern warning about the consequences of executing a Form I-864 and its associated paperwork.

People should realize that a Form I-864, more commonly known as an Affidavit of Support (AOS), is no ordinary document. It is a legally binding paper in which the person executing the form attests to the soundness of his/her financial situation and makes a sworn promise that he/she will be responsible for providing financial support to the sponsored immigrant, which commitment shall remain binding and in effect until the earliest of the following occurs: (a) the sponsored immigrant becomes an American citizen; (b) the sponsored immigrant has earned the equivalent of 40 qualifying quarters of work under the Social Security Act; (c) either the sponsor or the sponsored immigrant dies; (d) the sponsored immigrant loses his/her legal permanent resident status; and (e) a new AOS is executed on behalf of the sponsored immigrant as part of an adjustment of status application in a removal proceeding.

What are the legal consequences of signing an AOS?

Firstly, should the sponsored immigrant become the recipient of any means-tested public benefits during the validity period of an AOS, the sponsor is obligated to repay the costs of said benefits to the appropriate government agencies, if requested to do so, including any associated fees and reimbursement expenses.

Under US federal law, means-tested public benefits include supplemental security income (SSI), temporary assistance for needy families (TANF), supplemental nutrition assistance program (food stamps), most forms of Medicaid, and children’s health insurance program (CHIP).

Secondly, by signing an AOS, a sponsor makes a promise that he/she will notify the USCIS of any address change within 30 days of the move by filing a special paperwork called Form I-865. Failure to do so may result in a fine ranging from $250 to over $5,000, depending on the circumstances behind the notification omission.

Thirdly, if the sponsored immigrant fails to qualify for any means-tested public benefits by reason of the income determination criteria under the AOS poverty level guidelines, the former has the right to sue the sponsor to enforce the support obligation.

Albeit this maneuver smacks of extreme ingratitude, it does happen on occasion, and the sponsored immigrant usually emerges victorious.

Lastly, committing fraud or misrepresentation in the execution of an AOS, such as inflating the sponsor’s income or net worth or submitting falsified financial documents, may result in criminal prosecution and/or deportation.

Among the possible charges are visa fraud, forgery, and making false statements.

Sometimes, people ask a relative, friend, or even a casual acquaintance to be a co-sponsor in an AOS, especially if the principal sponsor’s income and assets are not sufficient to meet the minimum income threshold.

Unless the person being asked is willing to commit to a financial responsibility of considerable magnitude and duration, signing an AOS as a favor to someone must be reserved only for the most deserving of a person’s relatives.