Our Services / Affidavit of Support

Legal Effect of Form I-864: A Binding Sponsorship Contract

Signing and submitting Form I-864—or Form I-864EZ when permitted—creates a legally enforceable contract between the sponsor and the U.S. government.

The contract benefits the sponsored immigrant and governmental agencies or private entities that administer covered means-tested public benefits programs. These legal consequences are described in 8 CFR § 213a.2(d).

What Financial Responsibilities Does the Sponsor Accept?

The affidavit creates two distinct financial responsibilities:

  • Support for the immigrant: The sponsor agrees to provide support necessary to maintain the sponsored immigrant at the income level required by law—generally 125% of the Federal Poverty Guidelines. See our Affidavit of Support overview for the applicable financial requirements.
  • Reimbursement of covered public benefits: If the immigrant receives covered means-tested public benefits while the obligation is in effect, the benefit provider may seek repayment from the sponsor. Not every public benefit falls within these reimbursement rules; the particular program and applicable exceptions must be reviewed.

The immigrant’s right to financial support is separate from a benefit provider’s reimbursement claim. The immigrant does not have to receive public benefits before seeking enforcement of the support obligation.

Who Can Enforce the Contract?

The sponsored immigrant may bring a civil lawsuit to enforce the support obligation. A qualifying governmental agency or private entity that provided covered benefits may also pursue reimbursement through the applicable enforcement process.

Failure to meet the obligations can lead to financial liability, including legal fees and other associated costs where authorized. A sponsor should obtain legal advice promptly after receiving a reimbursement demand or lawsuit.

See our Enforcement of Affidavit of Support Obligations page for additional information.

How Are Joint Sponsors and Household Members Affected?

A joint sponsor signs a separate Form I-864 and accepts enforceable responsibilities for the immigrants covered by that affidavit. A household member who signs Form I-864A enters into a separate, legally binding contract with the sponsor.

These arrangements can involve joint and several liability. For covered benefit reimbursement, a joint sponsor or participating household member may be held responsible for the full amount owed, even if the petitioning sponsor is not pursued. Responsibility is not automatically divided according to each person’s income contribution. See USCIS’s explanation of sponsorship responsibilities.

For the requirements and responsibilities of each role, review our Joint Sponsor page and Using a Household Member’s Income: Form I-864A page.

When Do These Responsibilities Begin and End?

The support obligations generally begin when the immigrant becomes a permanent resident through admission or adjustment of status based on the affidavit. Signing the affidavit of support form and the start of the support obligation are distinct events.

Review the rules relevant to your situation:

Understand the Commitment Before Signing

The Law Offices of Osas Iyamu, LLC can explain the immigration sponsorship requirements, review the proposed sponsorship arrangement, and help you understand the responsibilities associated with the documents you are asked to sign.

For a consultation, bring the proposed or signed affidavit, any household-member contract, relevant immigration notices, and any reimbursement demand or court documents.

Schedule an immigration consultation. Call 1-800-974-6480 or 352-237-2403.

This page provides general information and is not legal advice. Immigration laws, policies, and requirements may change, and the appropriate approach depends on your circumstances. Reading this page or contacting our office does not create an attorney-client relationship. Representation begins only after a written legal services agreement is signed. Consult a qualified immigration attorney for advice about your situation.

Updated: October 12, 2026.