If you (a U.S. citizen or lawful permanent resident) are petitioning for an immigrating husband, wife, parent, child, brother, or sister to receive a U.S. green card, an important part of your role is ensuring that the immigrant will not be found inadmissible as a likely “public charge.” Put another way, you’ll need to show the U.S. government that your relative will not receive welfare or other need-based public assistance.
Learn more about your obligations here.
Satisfying the Sponsor’s Obligations
- Preparing Form I-864 Affidavit of Support for Family Immigration: One of the most important forms that the U.S. government requires as part of getting a family-based green card is the USCIS Form I-864, Affidavit of Support. Its purpose is for the U.S. citizen or green card holder who is petitioning for immigrating family members to help demonstrate that the immigrant won’t need to rely on government financial assistance, technically known as becoming a “public charge“; specifically because the petitioner will provide backup.
- USCIS 2021 Poverty Guidelines: According to 2021 Poverty Guidelines by U.S. Government, the figures are critically important to any U.S. citizen or lawful permanent resident who is sponsoring a family member (perhaps a spouse, parent, child, brother, or sister) for U.S. lawful permanent residence (a U.S. green card).
As part of the application process, the U.S. petitioner will need to fill out a form called an Affidavit of Support, on USCIS Form I-864, on the immigrant’s behalf. The legal purpose of this Affidavit is to prove that, according to the numbers set forth within the U.S. Poverty Guidelines, the U.S. sponsor’s household income is high enough to support the immigrating family members at 125% or more of U.S. poverty line levels, after taking into account anyone already living with or dependent on the U.S. sponsor. A U.S. sponsor filling out Form I-864 must prove that his or her income or assets are high enough to support the intending immigrants; and the 2021 guidelines require higher than ever support levels.
Filling Out the Sponsor’s Paperwork
- Filling Out Form I-864, Affidavit of Support Under Section 213A of the Act: In order to petition for and sponsor an immigrant to become a U.S. permanent resident (receive a green card), the U.S. citizen or permanent resident petitioner must show readiness and ability to support that person financially for a period of years. The petitioner has to fill out Form I-864 or Affidavit of Support available on the USCIS website. The affidavit represents the petitioner/sponsor’s promise to either support the immigrant financially or pay back (reimburse) any government agencies from which the immigrant does claim financial assistance and the sponsor’s capacity to provide the promised support, by providing income and assets (if need be) that are at least 125% of the amount at which someone would be considered to be living in “poverty,” according to the U.S. government’s Poverty Guidelines.
- How Overseas U.S. Citizen Proves U.S. Domicile for Form I-864 Sponsorship: A U.S. citizen wishing to sponsor his/her foreign citizen relative for a green card, may (or may not) need to file, among other things, a Form I-864, Affidavit of Support. This form is intended to create a contract between the U.S. government and you in which you (the sponsor) give a financial guarantee to make sure that your relative (the beneficiary) never becomes dependent on U.S. government assistance for his or her basic needs. In order to qualify as an I-864 sponsor,one must (among other things) be “domiciled” in the United States. If you live abroad but still claim a U.S. domicile, you will need to submit with your Form I-864 a written explanation and documentary evidence in support of your claim. Your claim will be successful only if you can prove either that you are employed abroad by a certain U.S.-related entity or that you are otherwise living abroad temporarily.
Divorce and the U.S. Sponsor’s I-864 Support Obligation
Many U.S. citizens and permanent residents are shocked, after they divorce their immigrant spouse, to realize what they signed on to with USCIS Form I-864, the Affidavit of Support. It creates an obligation for the sponsor to annually support the immigrant at an amount that’s 125% or more of the U.S. Poverty Guidelines levels until the immigrant either:
- becomes a U.S. citizen
- earns 40 work quarters credited toward Social Security (approximately ten years of work)
- dies, or
- permanently leaves the United States.
How Long Immigrant’s Sponsor Responsible for Support Under I-864 Affidavit
The Form I-864 Affidavit of Support obligates you, as the sponsor, to support your immigrant husband—and now ex-husband—at an amount that’s 125% or more of the U.S. Poverty Guidelines levels until he either:
- earns 40 work quarters credited toward Social Security (approximately ten years of work)
- becomes a U.S. citizen
- dies, or
- permanently leaves the United States.
Work that you did during the marriage can be counted toward these 40 quarters. So based on the facts you’ve given, it sounds like he might have accrued four years’ worth of work quarters before your divorce, plus four from your work, for a total of eight years’ worth of work quarters pre-divorce. And as soon as your divorce became final, your subsequent work stopped counting in this manner. So, again based on the facts provided, your former husband likely accrued one more year’s worth of work quarters after the divorce, bringing his grand total to about nine years.
