LITIGATION CONSULTING

I-864 Defense

We help minimize financial liability under Form I-864 in consultation with local counsel.

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Overview

I-864 liability can last forever.

If you sponsored or jointly sponsored an intending immigrant, you filed Form I-864, Affidavit of Support, and made three legally binding promises to the federal government that can last indefinitely.

PROMISE 1

Immigration Alimony

You promised to financially support the immigrant at a minimum of 125% of the federal poverty line.

PROMISE 2

Reimbursement

You promised to reimburse any agency that provides means-tested benefits to the immigrant.

PROMISE 3

Change of Address

You promised to update your address with USCIS within 30 days of changing your address.

What is an I-864 enforcement action?

Sponsors are routinely sued for breaching their I-864 obligations by immigration attorneys who represent immigrants with zero upfront cost.

Your potential annual liability:

1-person household: $19,950

2-person household: $27,050

3-person household: $34,150

4-person household $41,250

5-person household: $48,350

6-person household: $55,450

Note: Liability is based on 2026 Poverty Guidelines for the 48 Contiguous States and DC.

Your Liability

You could be sued for hundreds of thousands of dollars.

Let’s assume you sponsored an immigrant and the marriage dissolves. Rather than get a job, the immigrant sues you in state or federal court to enforce I-864 obligations. Over 15 years, you’d pay the immigrant $299,250. If the immigrant had three children, you’d be liable for $512,250. Keep in mind, this is your federal liability and may not account for any state-based obligations or collection costs.

Note: These are modest projections that rely on 2026 poverty guidelines, without accounting for annual increases.

Our Role

STEP 1

Assess Liability

We help you determine whether you are liable under the I-864, Affidavit of Support. In some cases, we can eliminate the liability before it attaches. In other cases, we can help minimize it.

STEP 2

Calculate Exposure

If you are liable under the I-864, we can help you determine your liability exposure which depends upon household size, prior contributions, and applicable case law in your jurisdiction.

STEP 3

Develop Options

After identifying your liability exposure, we can help you and your local counsel develop strategic and tactical options for minimizing your liability under the I-864.

STEP 4

Execute Decision

Once you select one or more options for minimizing your liability under the I-864, our firm can help you and your local counsel execute various actions required to achieve your goals.

  • When a U.S. citizen or lawful permanent resident sponsors a foreign national for permanent residence, they are often required to file Form I-864, Affidavit of Support.

    Form I-864 is a legally binding contract with the federal government, enforceable in both federal and state court. By signing the I-864, the sponsor agrees to maintain the sponsored immigrant at no less than 125% of the federal poverty guidelines and to reimburse agencies for any means-tested public benefits received by the sponsored immigrant.

    These obligations continue after separation or divorce and generally terminate only upon specific statutory events, such as naturalization, sufficient qualifying work history, or removal.

  • By signing Form I-864, any sponsor agrees to 1) maintain the sponsored immigrant at no less than 125% of the federal poverty guidelines, 2) reimburse agencies for means-tested public benefits received by the immigrant, and 3) keep the sponsor’s address updated with USCIS.

  • Yes. Federal courts have consistently held that a sponsored immigrant may enforce the I-864 against the sponsor in federal or state court, regardless of marital status or fault, subject to limited statutory defenses.

  • No. Divorce, separation, or marital misconduct does not terminate I-864 obligations. The sponsor’s duties continue until one of the specific terminating events set forth by statute occurs.

  • I-864 obligations terminate most commonly when the sponsored immigrant becomes a U.S. citizen, earns sufficient qualifying work credits, or is removed or permanently departs the United States.

  • In some circumstances, immigration fraud—particularly marriage fraud—may affect I-864 enforcement directly or indirectly. Some courts have allowed fraud defenses to be asserted, but jurisdiction-specific research is critical.

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