Our Services / Affidavit of Support

Substitute Sponsor After a Petitioner’s Death: Form I-864

When an immigration petitioner dies, certain cases may continue with a substitute sponsor. The substitute sponsor signs a new Form I-864 in place of the deceased petitioner when an Affidavit of Support remains required.

Finding a substitute sponsor does not, by itself, preserve or revive the immigration petition. The applicant must also qualify for a legal basis to continue the case.

When Can the Immigration Case Continue?

Two provisions commonly require review:

  • Humanitarian reinstatement: The principal beneficiary may request that USCIS reinstate a Form I-130 that was approved before the petitioner died. Approval is discretionary. This remedy is unavailable if the petitioner died while the petition was still pending. See USCIS’s humanitarian reinstatement guidance.
  • INA § 204(l) relief for surviving relatives: This provision can apply to certain pending or approved petitions. Generally, at least one qualifying beneficiary must have resided in the United States when the qualifying relative died and must continue residing here. Other eligibility requirements apply. See USCIS’s guidance for surviving relatives.

For section 204(l), residence concerns the person’s actual principal home. A temporary trip abroad when the death occurred does not necessarily prevent eligibility.

If Form I-864 is required, a substitute sponsor generally must provide a new affidavit even if the deceased petitioner already signed one. Applicable exemptions should also be reviewed—for example, applicants immigrating through a qualifying widow(er) self-petition are exempt from Form I-864.

Who Can Be a Substitute Sponsor?

The substitute sponsor must:

  • Be at least 18 years old.
  • Be a U.S. citizen, U.S. national, or lawful permanent resident.
  • Meet the U.S. domicile requirement.
  • Have a qualifying relationship to the intending immigrant.
  • Meet the applicable financial sponsorship requirements.

Qualifying relationships include the immigrant’s:

  • Spouse, parent, son or daughter, or sibling.
  • Mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law.
  • Grandparent or grandchild.
  • Legal guardian.

The sponsor’s relationship to the immigrant must be documented. For general income and domicile requirements, see our Affidavit of Support overview.

What If the Substitute Sponsor’s Income Is Insufficient?

The financial assessment uses the substitute sponsor’s household size and qualifying resources. Depending on the circumstances, the case may use:

A joint sponsor can help satisfy the financial requirement, but does not eliminate the need for a qualifying substitute sponsor when substitution is required.

What Documents Should Be Reviewed?

The required submission depends on the relief requested and the case’s procedural history. Relevant documents commonly include:

  • Case records: The original petition receipt, any approval or denial notices, and USCIS or consular correspondence.
  • Evidence of death: The petitioner’s death certificate, with a certified English translation if needed.
  • Evidence supporting continued eligibility: For example, U.S. residence records for section 204(l), or evidence supporting a favorable exercise of discretion for humanitarian reinstatement.
  • Substitute sponsor qualifications: Proof of age, citizenship or immigration status, U.S. domicile, and the qualifying relationship or legal guardianship.
  • Financial sponsorship evidence: A completed, signed Form I-864, required tax records, current income evidence, and any household-member, asset, or joint-sponsor documentation.

The request to continue the immigration case must address the applicable legal requirements as well as financial sponsorship.

What Responsibilities Does a Substitute Sponsor Accept?

A substitute sponsor assumes the enforceable responsibilities of Form I-864. These include financial support for the sponsored immigrant and potential reimbursement of covered means-tested public benefits. Signing should follow a review of those responsibilities.

The obligations generally begin when the immigrant becomes a permanent resident through admission or adjustment of status. For the events that end them, see when Affidavit of Support obligations terminate.

Review Your Options After a Petitioner’s Death

The Law Offices of Osas Iyamu, LLC can assess whether the immigration case may continue, determine whether a substitute sponsor is required, and review the proposed sponsor’s qualifications and supporting evidence.

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.