How Long Is The I-864 Valid For? Does It Expire?

On the I-864 form, at the bottom of each page, there is an edition date. They can expire if the USCIS issues a new edition date. If this occurs, you must make sure that the form you are using to submit the application is the current one. They can expire if USCIS updates the edition but if you were to file your application and it is already submitted and pending and they come out with a new edition, it doesn’t affect the prior edition that has already been submitted.

At What Point In The Immigration Process Should We File The Form I-864?

One, if you were doing an adjustment of status whereby you are able to file both the I-130 petition and I-485 adjustment of status application concurrently then you also want to file your form I-864. Two, if you are doing an adjustment of status but you have to file the I-130 first and couldn’t file the I-485 concurrently, this is when you are going to have to file the I-485 later than you would submit the I-864 form. Finally, if you were in consular processing, then you would submit the I-864 after the I-130 is submitted, if approved, the I-130 is transferred to the last known visa center. Then it is at that point, that you would submit the I-864 to the national visa center instead of the USCIS.

Does Divorce End The Support Obligation?


Would Bankruptcy End A Support Obligation?

A bankruptcy does not end your I-864 obligation. Most debts and contractual obligations, which are similar to I-864 are dischargeable in bankruptcy but domestic support obligations so this would be as alimony, maintenance, or support owed to a spouse, former spouse, or a child are not. You can argue that not every I-864 obligation is defined as a domestic support obligation. For example, if you were doing an affidavit of support for your parents or siblings, a joint sponsor for someone who you don’t share a family relationship with, you can argue in court that the I-864 that you signed is not a domestic support obligation whereby the bankruptcy would not discharge you.

I Signed The I-864 But My Spouse Wasn’t Cleared For A Green Card. Am I Still Required To Provide Support?

Under the I-864, you are not required until your spouse is approved for the green card. Up to that approval point, you are not subject to the I-864 obligation.

What Happens If The Sponsor Dies Or Becomes Incapacitated? Does This End Support?

If you already have a green card, the obligation does go away. If your US sponsor dies while your case is pending approval, you will have to find a substitute sponsor.

What Happens To A Support Order If The Immigrant Wants To Leave The Relationship Due To Domestic Abuse?

If the abuse is coming from the sponsor towards the intending immigrant then the support obligation continues up until the required conditions are met. If the abused immigrant becomes a US citizen, works 40 quarters, their green card is revoked, and gets deported, the obligation still stands until those conditions are met. If you are the abuser, your obligation doesn’t go away unless those conditions are met. If it’s the other way around where the intending immigrant is the one abusing the sponsor, then it does open up a grounds for the sponsor who is being abused you may go to court and assert a defense claim to say you are requesting that this obligation I have to be terminated given the nature of the relationship between myself and the intending immigrant.

It does open up the possibility to try to get out of the obligation. In my experience, I have not seen that being litigated as much. In my research, I’ve seen some courts have said yes, you can get out of the obligation, other courts may interpret that differently and say that’s a separate matter. Your obligation is not to an immigrant but to a contract with the government. So, it depends on the court you are in, the jurisdiction you reside in, and how the judge interprets the various areas of the law that come into play here.

Additional Information On The I-864 Affidavit Of Support Process

It’s important to know that in terms of the income requirements, sometimes they don’t need an income requirement. There are other ways by which you can still satisfy the requirements so you can look at your assets.

For example, if your income requirement was $30,000 and you only made $25,000, there is a difference of $5000. You can include your assets which include the money you have in your checking and savings accounts holdings in the last 12 months. You can use stocks, bonds, or property. If you have a second vehicle, look at the net value of those assets and add it all up and the amount. If you are sponsoring a spouse, it’s 3 times what is required or what the difference is, which in this case would be $15,000 then you can satisfy it that way.

If you are sponsoring anybody else other than a spouse then you have to show assets that are 5 times the difference. So, in that example, you would have to show $25,000.

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