What Is the Affidavit of Support? A Comprehensive Guide for Sponsors
When sponsoring a family member or certain immigrants for a green card, U.S. citizens and lawful permanent residents (LPRs) often need to complete Form I-864, Affidavit of Support, as part of the process. This document is not just a formality—it is a legally enforceable contract with significant financial responsibilities for the sponsor. Understanding the purpose, requirements, and obligations associated with the Affidavit of Support is crucial for sponsors to avoid surprises and ensure compliance with U.S. immigration laws.
Consult with Houston marriage and family visa lawyer for an overview of Form I-864, why it’s required, who must file it, what the income requirements are, and the long-term obligations it imposes.
What Is the Affidavit of Support?
The Affidavit of Support (Form I-864) is a legally binding document that U.S. immigration law requires most sponsors to file when petitioning for a family member or certain immigrants to obtain lawful permanent resident (green card) status. By signing the form, the sponsor agrees to accept financial responsibility for the intending immigrant and ensure they will not become a “public charge” (dependent on government benefits) after entering the United States.
The Affidavit of Support serves two main purposes:
- Demonstrating Financial Stability: Sponsors must show they have sufficient income or assets to support the immigrant and prevent them from relying on public assistance.
- Creating a Legally Enforceable Obligation: The sponsor agrees to provide financial support to the immigrant if necessary, ensuring they have adequate resources to live above the poverty line.
Who Must File the Affidavit of Support?
The Affidavit of Support is required in most family-based immigration cases and some employment-based cases. Specific categories of sponsors include:
- Family-Based Petitioners:
- S. citizens and LPRs who file Form I-130 (Petition for Alien Relative) for their spouses, children, parents, or siblings must submit Form I-864 to demonstrate they can financially support the immigrant.
- Certain Employment-Based Petitioners:
- Employers filing petitions for immigrants where the employer is a relative or has at least a 5% ownership interest in the petitioning business must submit the Affidavit of Support.
However, not all immigrants require Form I-864. The following categories are generally exempt:
- Refugees and asylees applying for adjustment of status.
- Self-petitioning individuals under the Violence Against Women Act (VAWA).
- Individuals who have worked 40 qualifying quarters (10 years) in the U.S.
Income Requirements for the Affidavit of Support
Sponsors must meet specific income thresholds to file Form I-864 successfully. These requirements are tied to the Federal Poverty Guidelines, which are updated annually and vary depending on the sponsor’s household size and location.
Minimum Income Threshold
The sponsor’s household income must be at least 125% of the Federal Poverty Guidelines for their household size. For sponsors on active duty in the U.S. Armed Forces who are sponsoring a spouse or child, the threshold is reduced to 100% of the guidelines.
Calculating Household Size
The household size includes the sponsor, the sponsored immigrant(s), and any other dependents, such as children or other relatives living in the household or claimed on the sponsor’s tax returns.
Using Assets to Supplement Income
If the sponsor’s income falls short of the required threshold, they can use their assets or the assets of the sponsored immigrant to meet the requirement. Assets must equal at least three times the shortfall (or five times for a spouse or child of an LPR).
Joint Sponsors
If the sponsor cannot meet the income requirements, a joint sponsor can step in. A joint sponsor must independently meet the income requirements and agree to assume the same financial obligations.
Long-Term Obligations of the Sponsor
By signing Form I-864, the sponsor enters into a legally enforceable contract with the U.S. government and the immigrant. The financial obligations created by the Affidavit of Support include the following:
Providing Financial Support
The sponsor must ensure the immigrant has sufficient income and resources to live above 125% of the Federal Poverty Guidelines. If the immigrant applies for certain public benefits, the government may require the sponsor to repay the costs.
Duration of Obligations
The sponsor’s obligations under Form I-864 last until:
- The immigrant becomes a U.S. citizen.
- The immigrant has worked 40 qualifying quarters (10 years) in the U.S.
- The immigrant leaves the U.S. permanently.
- The immigrant dies.
Public Benefits and Reimbursement
If the immigrant receives means-tested public benefits (e.g., Medicaid, Supplemental Nutrition Assistance Program), the sponsoring individual may be required to repay the cost to the government.
Enforcement by the Immigrant
If the sponsor fails to provide financial support, the sponsored immigrant has the legal right to sue the sponsor to enforce the terms of the Affidavit of Support.
Common Mistakes to Avoid When Filing Form I-864
Miscalculating Income: Ensure that your income meets the threshold based on your household size and consider using a joint sponsor or assets if necessary.
Submitting Incorrect or Incomplete Information: Double-check the form and all supporting documents, including tax returns, W-2s, and pay stubs, to ensure accuracy and completeness.
Overlooking Household Members’ Income: If other household members contribute to the household income, use Form I-864A to include their income in the total calculation.
Ignoring Deadlines: Failing to submit Form I-864 on time can delay the immigrant’s application or lead to denial.
Contact BBA Immigration
The Affidavit of Support is a cornerstone of the family-based immigration process, ensuring that sponsors can financially support their relatives and prevent them from becoming a public charge. While the form imposes significant financial obligations, understanding the requirements and gathering the necessary documentation can make the process smoother. Sponsors should take their responsibilities seriously and prepare thoroughly to avoid delays or denials.
If you need help completing Form I-864, understanding income requirements, or exploring alternatives like joint sponsors, contact BBA Immigration Law Firm. Our experienced attorneys can guide you through the Affidavit of Support process and help ensure your petition is successful. Contact BBA Immigration today to get started.
Sources:
uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support
uscis.gov/i-864
travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html
