Who qualifies for I-864 financial support?

Could you qualify for financial support under the Form I-864?

Consider these four questions?

Did you immigrate to the United States? This means that held status as a Lawful Permanent Resident (LPR), also called a “green card holder.” Note that you some immigrants may qualify for support even if they are placed into removal/deportation proceedings. The question is whether you at one time held status – or still hold status – as a resident.
Did your U.S. husband, wife or a family member sponsor your immigration? The Affidavit of Support applies in virtually all cases where a family member filed a Form I-130 to start the immigration process. If you gained status through a marriage (IR-1/CR-1), fiancee (K-1) or other family-based petition, the Affidavit of Support was almost certainly signed.
Are you divorced or separated? The right to immigration financial support can apply even if you are divorced from your immigration sponsor.
Are you unemployed or earning less than $1,400/month? The sponsorship obligation is tied to 125% of the poverty line, or roughly $1,400/month for a household of one. If you are unemployed, or have earned less than that amount per month, you could be entitled to support.

If you answered yes – or maybe – to all four questions above, you could have a legal claim for financial support under the Form I-864, Affidavit of Support.

We serve clients nationwide.

Start now – it’s easy and free. Sound Immigratoin s is law firm based in Washington State. We represent clients across the united states in lawsuits to recover support under the Form I-864, Affidavit of Support. Our work is done on a contingent fee basis. This means clients pay nothing up front for our service. We are paid only if we recover money for our clients. Learn more.

How much support can you receive?

Financial support under the Form I-864 is based on the Federal Poverty Guidelines. The amount of support you may be entitled to receive depends on many factors including your household size, work history and how long you have been a resident.

How do you recover support?

Immigration financial support is based on a binding contract signed by your sponsor. Like all legal disputes, claims to immigration financial support can be resolved by your lawyer using negotiation. Generally, most legal disputes are solved this way. If necessary, your lawyer may be able to file a lawsuit in state or federal court.

What goes into an I-864 Affidavit of Support lawsuit complaint?
I’ve been representing clients in lawsuits to enforce the USCIS Form I-864, Affidavit of Support for about a decade at this point. Over that time, I’ve made a lot of changes to the template that we use for federal lawsuit complaints. (A complaint is the initial case document that sets forth the plaintiff’s legal claim…
What is a joint sponsor’s liability under the Form I-864, Affidavit of Support?
A joint sponsor (also called co-sponsor) has the same liability under an Affidavit of Support as the primary sponsor. By signing the USCIS Form I-864, the joint sponsor agrees to “joint and several” liability on the contract. The sponsored immigrant can sue the joint sponsor for financial support in state or federal court. A joint…
Can you enforce the Form I-864 Affidavit of Support in a divorce case?
Yes – in most states the USCIS Form I-864, Affidavit of Support can be enforced in a divorce case. A family law court has the authority to enforce the I-864 either (1) as a breach of contract claim or (2) through spousal maintenance (also called alimony). But as discussed below, divorce court is not necessarily…
USCIS Form I-864 enforcement in divorce court – another cautionary tale (Marriage of Bychina)
It is a theme that I have written about many times on this blog and elsewhere. Yes, the Affidavit of Support can theoretically be enforced in family law proceedings. But in practice, beneficiaries frequently encounter problems in that forum. Here is another example. Marriage of Bychina was a family law case in Illinois. See No.…
How do you calculate damages under the I-864, Affidavit of Support
In an important ruling for one of our I-864 enforcement clients, a Court ruled today that damages under the USCIS Form I-864, Affidavit of Support are determined based on taxable income. In Flores v. Flores, the Western District of Washington ruled that the term “income” is governed by the definition contained at 8 C.F.R. §…
How do you settle a claim under the USCIS Form I-864, Affidavit of Support?
As I explain elsewhere on this blog, almost all claims under the USCIS Form I-864, Affidavit of Support result in settlement. To get an idea of how long that process takes, read this post. Having settled many of these claims, here is an overview of how we generally approach settlement. What goes into an Affidavit…
Can you enforce the Form I-864 Affidavit of Support with a preliminary injunction?
Non-citizens needing to enforce the USCIS Form I-864, Affidavit of Support are usually in serious need of help. To have a claim under the Affidavit, their income needs to be below 125 percent of the poverty line. That’s about $1,400 per month for a household of one. But a lawsuit can take months or even…
What affirmative defenses are available to Form I-864 sponsors? None.
The Eleventh Circuit has held that the common law defenses of unclean hands, anticipatory breach, and equitable estoppel are unavailable to a sponsor who has signed a USCIS Form I-864, Affidavit of Support. Blevich v. Thomas, 17 F.4th 1048 (11th Cir. 2021). Belevich joins a growing line of cases that stand for the proposition that…
The federal right to immigration “alimony” under the Form I-864, Affidavit of Support
A version of this article first appeared in the Side Bar journal for the Litigation Section of the Federal Bar Association (Spring 2021). If you are like most federal litigators – this author included – you would never enter divorce court unless your name was on the case caption. The vitriol, the sabotage, the meanness.…
How long does the I-864 support last?
A sponsor's obligation under the Form I-864 lasts indefinitely. It terminates only upon one of five Terminating Events, including when the green card holder has 40 quarters of work or becomes a U.S. citizen. It *does not* terminate automatically after ten years, even though lawyers mistakenly

Could you qualify for financial support under the Form I-864?

We serve clients nationwide.

How much support can you receive?

How do you recover support?

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