Affidavits of Support for Immigration: Should I Sign?

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We receive a lot of questions about Affidavits of Support, but all too often, the question that sponsors fail to ask is, “What are my financial responsibilities if I sign an Affidavit for someone?”

If you sponsor an alien to live permanently in the United States, (i.e., for a green card) by signing an Affidavit of Support you are legally obligated to supporting this individual if the alien receives certain assistance from the government.  The Affidavit, which is Form I-864, is legally binding and commits you from the time the alien arrives in the United States and becomes a lawful permanent resident, until the alien is credited with 40 quarters of work or until he or she becomes a US citizen.

In order to sign the Affidavit, you must be a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence; at least 18 years old; and domiciled in the United States or its territories and possessions.

The real question is what is meant by the term “financially responsible”? By signing the form, you are agreeing to repay the government for an “means-tested public benefits” received by the alien. This means that if a person receives Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or the State Child Health Insurance Program (CHIP), the agency can request repayment from you, or sue you in court to collect.

Generally, the types of benefits NOT counted as “means-tested” include emergency Medicaid, short-term non-cash emergency relief, services provided under the National School Lunch and Child Nutrition Acts, student assistance under the Higher Education Act and the Public Health Services Act, Head Start programs, immunizations and testing and treatment for communicable diseases, programs under the Elementary and Secondary Education Act and Job Training Partnership Act programs.

The point is, don’t take signing an affidavit lightly.  Ask the questions you need to satisfy yourself in advance.