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Support Contract Form I-864

This contract is intended to benefit the sponsored immigrant(s) and any agency of the federal government, any agency of a state or local government, or any private entity to which the sponsor has an obligation under the affidavit of support to reimburse for benefits granted to the sponsored immigrant. This contract may be enforced in any court with appropriate jurisdiction, including a divorce court.

By signing this form, the sponsoring spouse agrees to make his or her income and/or assets available to the sponsor to help support the immigrant for whom the sponsor has filed an affidavit of support. This creates a legally enforceable obligation to both the sponsored spouse and to the government or a private entity.

The sponsor's obligation of support terminates only upon the occurrence of one of these five circumstances: 1) the sponsor's death; 2) the sponsored immigrant's death; 3) the sponsored immigrant becoming a U.S. citizen; 4) the sponsored immigrant permanently departing the U.S.; or 5) the sponsored immigrant being credited with a total of 40 qualifying quarters of work.

A divorce does not invalidate or terminate the obligation of support. The sponsor is obligated at a minimum of 125 percent of the U.S. Federal Poverty Index for the size of the family that was sponsored. A voluntary waiver of rights under the Support Contract in a settlement does not waive the rights of third-party beneficiaries, the U.S. or state governments.

Contact an Attorney Serving Boulder and Denver

If you are contemplating a divorce or are involved in a divorce proceeding with a sponsored spouse, the attorneys at Frost & Beck, PC, can help you understand your rights and obligations under the Support Contract.