Special Considerations When Marrying a Non-U.S. Resident

When an American citizen marries a non-U.S. resident, special focus must be given to the obligations upon the citizen which may arise in connection with the marriage solely due to the immigrant status of the fiancé/spouse.

Federal law prohibits the admission into the United States of any alien who is likely to become a public charge. Accordingly, a citizen wishing to marry a non-U.S. resident must submit an “Affidavit of Support” – known as Form I-864 – at the time the fiancé/spouse adjusts status to that of a permanent resident (commonly known as obtaining a “Green Card”) after coming to the United States. Thus, through this process, the citizen enters a binding agreement with the government to become the financial “sponsor” of the fiancé/spouse so that he or she may come to live here permanently. This process establishes that the immigrant has adequate means of financial support and will not likely rely on the U.S. government for such support. The sponsor must show that he or she has enough income and/or assets to maintain the immigrant and the rest of the household at 125% of the Federal Poverty Guidelines.

The instructions which accompany Form I-864 make it perfectly clear that it “is a contract between a sponsor and the U.S. Government,” and that by signing the form, the sponsor is “agreeing to use [his or her] resources to support the intending immigrant named in this form, if it becomes necessary.” The instructions further warn that submission of Form I-864 “may make the sponsored immigrant ineligible for certain Federal, State or local means-tested public benefits,” as such agencies will consider the resources and assets of the sponsor in determining the immigrant’s eligibility for the program. If, however, the immigrant does ultimately receive public means-tested benefits, the instructions further clearly warn that the agency providing such benefits may request that the sponsor repay the benefits, and may thereafter sue the sponsor for the costs of the benefits if no repayment is voluntarily made. Indeed, case law has established that by signing Form I-864, the sponsor submits to the personal jurisdiction of any federal or state court having subject matter jurisdiction of a civil lawsuit to enforce its provisions.