Is the I-864 an Affidavit or a Contract?

Mulder Law Review, (April 23, 2026)

The Form I-864, Affidavit of Support, is a critical document in U.S. immigration law, but its legal nature is often misunderstood. While it is submitted as an affidavit during the immigration process, the Form I-864 becomes a legally enforceable contract under federal law once the sponsored immigrant is admitted to the United States as a lawful permanent resident (LPR).

The sponsor, as the affiant of the Form I-864 Affidavit of Support, has the authority to withdraw the affidavit before it becomes enforceable. However, once the affidavit becomes a contract, the sponsor no longer has the power to revoke it. Government contracts, including the I-864, differ from traditional private agreements. The terms of the I-864 contract are defined by federal statute, specifically 8 U.S.C. § 1183a. Only Congress has the authority to modify those terms. As a result, the Form I-864 is a federally governed contract that neither the sponsor nor U.S. Citizenship and Immigration Services (USCIS) can alter once it becomes enforceable.

For purposes of I-864 enforcement and I-864 litigation, courts consistently treat the Affidavit of Support as a contract governed by federal law, not merely an immigration form. This distinction is critical in defending against I-864 claims, particularly in cases involving divorce, spousal support, and disputes over financial obligations under the I-864.

Once the Form I-864 becomes a contract, any obligation allegedly owed by the sponsor must be proven by the sponsored immigrant. Although the affidavit has transformed into a binding federal contract—and the sponsor no longer has the ability to revoke it—the sponsor is not without defenses. In I-864 litigation, the burden rests on the immigrant, not the sponsor, to show that she has not been maintained at 125 percent of the Federal Poverty Guidelines.

Claims often fail where the immigrant cannot establish a true financial shortfall when all sources of income and support are considered. While the body of case law addressing I-864 enforcement is still developing, recent decisions reflect a more careful application of the statute and increasingly support defense positions grounded in the statutory framework.

The foregoing is provided to you for information purposes only and is not advice.