An Affidavit of Support (Form I-864) is generally required for most family-based and some employment-based immigrant visa applicants seeking a Green Card (permanent residency) in the United States.
If you are a U.S. citizen or lawful permanent resident planning to sponsor a relative for a green card (including throughmarriage), you will need to complete and sign Form I-864, also known as the Affidavit of Support.
By signing Form I-864 Affidavit of Support, you are legally committing to financially support your sponsored relative. This ensures that they will not become a public charge, relying on government assistance.
Who Must File an Affidavit of Support?
Family-Based immigration: All family-based immigrant visa applicants, including those applying for I-485 Adjustment of Status, must submit I-864 Affidavit of Support as a condition to becoming permanent resident (green card holder). This is a mandatory requirement for obtaining a green card through family sponsorship.
Employment-Based Immigration: Not all employment-based immigrants need an Affidavit of Support. It’s required when the petitioner for the I-140 Immigrant Petition for Alien Worker is a relative of the beneficiary or when the sponsored individual (the green card applicant) has a 5% or greater ownership interest in the business entity that filed the I-140 petition.
Who is Not Required to File Affidavit of Support?
While an Affidavit of Support is often a requirement for obtaining a green card, certain categories of individuals are exempt. Here’s a list of those who do not need to file Form I-864:
Most Employment-Based Immigrants: The majority of individuals immigrating through employment-based categories are not required to submit an Affidavit of Support. This is a key difference compared to family-based immigration.
Diversity Visa Lottery Winners: Those selected through the Diversity Visa Lottery program (also known as the Green Card Lottery) are not required to have a sponsor and therefore don’t need an Affidavit of Support.
Special Immigrant Juveniles: Children who have been abused, abandoned, or neglected by a parent and meet specific criteria may be eligible for Special Immigrant Juvenile status. They are not required to file an Affidavit of Support.
Asylees and Refugees: Individuals granted asylum or refugee status are not required to have a sponsor and do not need to submit an Affidavit of Support.
An Affidavit of Support (Form I-864) is a legally binding document where a sponsor promises to financially support an immigrant seeking a green card (permanent residency) in the United States. Here’s who is required to sign it:
Primary Sponsor (Petitioner): The individual who files the initial petition for the immigrant (usually Form I-130 for family-based immigration) must also serve as the primary sponsor. This person must be a U.S. citizen or lawful permanent resident (green card holder). By filing the I-130, they automatically become the sponsor and are required to submit the I-864 Affidavit of Support. They must demonstrate sufficient income to meet the minimum requirements.
Joint Sponsor (If Needed): If the primary sponsor’s income is not enough to meet the Affidavit of Support income requirements, a joint sponsor may be required. The joint sponsor shares the same legal responsibility as the primary sponsor to financially support the immigrant. They must also prove they meet the income requirements.
Please note: It is important to accurately complete Form I-864 to avoid potential delays or denials in the immigration process.
Affidavit of Support Sponsor Requirements
To qualify as a sponsor on Form I-864, you must meet the following criteria:
Age: Be at least 18 years old.
Immigration Status: Be a U.S. citizen or a lawful permanent resident (LPR) with a valid green card.
Household Income: Have a household income that meets or exceeds 125% of the Federal Poverty Guidelines for your household size. You can find the current Affidavit of Support Income Guidelines on the USCIS website: https://www.uscis.gov/forms/filing-fees/poverty-guidelines
Domicile: Generally, you must be domiciled in the United States, meaning you must live in the U.S. or a U.S. territory or possession. If you are temporarily living outside the U.S., you may still qualify if you can demonstrate to USCIS that you maintain a residence in the U.S. or that you will re-establish your U.S. domicile or on before the immigrant becomes a lawful permanent resident.
Affidavit of Support Documents
To complete the Affidavit of Support process, you must submit the following documents:
A fully completed and signed Affidavit of Support (Form I-864) from the sponsor.
Sponsor’s Social Security Number, as indicated on Form I-864.
Accurately calculated and complete household size on Form I-864.
A complete copy of the sponsor’s most recent federal income tax return, including all supporting documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.
Evidence confirming the sponsor’s status as a U.S. citizen or lawful permanent resident.
Affidavit of Support Joint Sponsor (co-sponsor)
To ensure timely processing, you must submit the following documents from your joint sponsor or co-sponsor:
Form I-864: Submit a fully completed and signed Affidavit of Support (Form I-864) from the joint sponsor. Ensure that the signature is handwritten and that all pages are present.
Social Security Number: Provide the joint sponsor’s Social Security Number on Form I-864.
Household Size: Accurately calculate and provide the complete household size on Form I-864.
Tax Returns: Submit a complete copy of the joint sponsor’s most recent federal income tax return, including all supporting documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year.
Immigration Status: Provide evidence confirming the joint sponsor’s status as a U.S. citizen, U.S. national, or lawful permanent resident.
If the petitioning sponsor or joint sponsor cannot meet the income requirements, they may qualify by demonstrating sufficient assets. The required asset amount varies based on the applicant’s relationship to the sponsor:
Orphans: Assets must equal the difference between the sponsor’s income and 125% (100% for military) of the federal poverty guideline for the sponsor’s household size.
Spouse or Child of a U.S. Citizen: Assets must equal three times this difference.
All Other Applicants: Assets must equal five times this difference.
Financial Responsibility of the Sponsor
By signing Form I-864, you assume a legally binding obligation to financially support the sponsored immigrant. This includes:
Maintaining Income Threshold: Ensuring the sponsored immigrant’s income remains at or above 125% of the Federal Poverty Guidelines.
Providing Financial Assistance: If the sponsored immigrant’s income falls below 125% of the poverty guidelines, you are legally responsible for providing them with financial assistance to bring their income back up to that level.
Financial Risks and Considerations of Sponsorship
Legal Consequences:
Potential Liability: If you fail to fulfill your financial obligations as outlined in Form I-864 and the sponsored immigrant requires financial assistance, they may take legal action against you.
Financial Penalties: You may be held responsible for court costs and legal fees associated with any legal proceedings related to your sponsorship.
Bankruptcy:
Ongoing Obligation: Even if you declare bankruptcy, your financial obligations under Form I-864 will remain in effect.
Government Benefits:
Reimbursement for Means-Tested Benefits: You are responsible for reimbursing the government for any means-tested public benefits received by the sponsored immigrant, such as Medicaid, SNAP (food stamps), TANF (Temporary Assistance for Needy Families), or SSI (Supplemental Security Income).
Non-Means-Tested Benefits: You are not liable for non-means-tested benefits, such as emergency medical services or unemployment benefits.
Before agreeing to sponsor an immigrant, carefully assess your financial situation and long-term commitment. Understand that your financial obligations may extend for many years.
When Do Your Sponsorship Responsibilities End?
Your financial obligations as a sponsor will cease when one of the following events occurs:
Naturalization: The sponsored immigrant becomes a U.S. citizen.
Work Credit Accumulation: The sponsored immigrant accumulates 40 quarters of work credits (approximately 10 years).
Departure from the U.S.: The sponsored immigrant permanently leaves the United States.
Re-Entry with a New Sponsor: The sponsored immigrant is deported but subsequently gains US residency with a new sponsor.
Death of the Sponsored Immigrant: The sponsored immigrant passes away.
Withdrawing Sponsorship
You may withdraw your sponsorship before the green card application is approved. However, once the immigrant receives permanent residency, your obligations become fixed and cannot be easily removed unless one of the specific termination conditions is met.
Continuing Obligations After Divorce
Please note that your financial obligations under Form I-864 are not terminated by divorce. Court agreements such as prenuptial, postnuptial, or divorce settlements generally do not release you from these responsibilities.
Address Change Notification
You must notify USCIS of any address changes within 30 days by submitting Form I-865. Failure to do so can result in fines of up to $5,000.
Malescu Law can assist
By signing Form I-864, you are making a significant legal commitment. Before proceeding, it is essential to fully understand your financial responsibilities. This is a significant financial commitment, and you will be held legally responsible for fulfilling your obligations outlined in Form I-864.
Consider consulting with an immigration attorney to ensure that the sponsored immigrant can maintain financial self-sufficiency and avoid reliance on public assistance.
We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.
Anda Malescu is a US immigration lawyer and Florida Bar Board Certified Expert in International Law. A member of the elite category of Florida Bar lawyers recognized for her exceptional knowledge, skill and professionalism, she advises US and international clients, including investors and entrepreneurs, on business immigration and corporate law matters. She holds a JD degree from University of Miami School of Law and a Master's degree in Economics and Business from Erasmus University Rotterdam in the Netherlands. She is a member of the Florida Bar.
