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Ask us for our I-864 Questionnaire to help you determine if you will need a joint sponsor and if a household member of that joint sponsor will also need to file and I-864A.
I-865 Change of Sponsor’s Address
Health and Human Services Poverty Guidelines. Please note that your NET income (not gross reported income) is the figure that must exceed the Federal Povery Guidelines.
Please Note: Sponsors have a continuing obligation to inform USCIS and the state where the sponsored immigrant is residing within 30 days of changing their address, or else be subject to stiff civil fines. Potential fines range from $250 to $2,000 for the first failure to report; if the failure is with knowledge that the sponsored immigrant has received a means-tested program (public benefit), then the fines increase to between $2,000 and $5,000. The issuer (state or federal government) of the means tested program (e.g., state welfare) may additionally seek reimbursement from the sponsor by filing an I-864A.
Affidavit of Support = A Contract of Support
I. Beginning and End of the Contract
a. Contract begins when the alien becomes a permanent resident (not when the I-864 is signed)
b. Contract ends if:
i. Alien becomes a U.S. Citizen
ii. Alien can be credited with 40 qualifying quarters of coverage under Title II of the Social Security Act, 42 USC §401 et seq.
iii. Alien ceases to hold Lawful Permanent Resident status (Green Card Holder) and leaves the U.S.
iv. Alien is in removal proceedings, obtains a grant of new Adjustment of Status and with that, a new Sponsor
v. Alien dies
vi. Sponsor dies
II. What is the Sponsor Promising?
a. Sponsor agrees to support the Alien at 125% of the Poverty Guidelines Level. INA §213A.
III. Who Can Enforce the Contract?
a. Alien
b. Federal Government
c. State Government or Municipality/County/Etc.
d. Any other entity that provides any means-tested public benefit[1] to the Alien
e. Not the USCIS
IV. Where Can the Contract Be Enforced?
a. Any Federal Court
b. Any State Court
V. How Does the Suing Party Get the Sponsor’s Information?
a. Agencies that provide means-tested public benefits may submit Forms G-845 and G-845S to USCIS to obtain the name, address and social security number of the sponsor
b. Note: Sponsors must notify the Attorney General and the state in which the alien lives of any address changes for the entire time of the support obligation
i. Failure to provide notice can result in fines from $250 to $2,000, or
ii. If the Alien has received means-tested public benefits, $2,000 to $5,000
VI. Joint Sponsors Have Accepted Joint and Several Liability for the Support Obligation
a. Joint Liability means that the support obligation may be enforced against the sponsor and joint sponsor so that each may be liable for a portion of the total amount due.
b. Several Liability means that the alien or any federal, state or local agencymay choose to sue only the sponsor or Joint Sponsor for the entire amount.
Remember, the I-864 Survives Divorce and is Separately Enforceable as a Contract.
[1] Means-tested public benefit means either a Federal means-tested public benefit, which is any public benefit funded in whole or in part by funds provided by the Federal Government that the Federal agency administering the Federal funds has determined to be a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, or a Statemeans-tested public benefit, which is any public benefit for which no Federal funds are provided that a State, State agency, or political subdivision of a State has determined to be a means-tested public benefit. No benefit shall be considered to be a means-tested public benefit if it is a benefit described in sections 401(b), 411(b), 422(b) or 423(d) of Public Law 104-193.
