What is the Affidavit of Support? A Comprehensive Guide for Sponsors

Last Updated on September 25, 2024 by Linda Lee

When sponsoring a family member or relative for a green card, such as through a marriage green card or a green card for parents of U.S. citizens, one of the most important documents you will need to complete is the Affidavit of Support (Form I-864). This legally binding document is required by U.S. Citizenship and Immigration Services (USCIS) and serves as a guarantee that the immigrant you are sponsoring will not become a public charge. Essentially, you are agreeing to take financial responsibility for the immigrant once they arrive in the United States.

In this blog post, we’ll explain the Affidavit of Support, who needs to complete it, the financial requirements, and the legal obligations you take on as a sponsor.

What is the Affidavit of Support (Form I-864)?

The Affidavit of Support is a legal contract between the sponsor (you) and the U.S. government. By signing this form, you are promising that you have the financial means to support the immigrant you are sponsoring. This form is required in most family-based green card applications, including CR1 and IR1 spouse visas and some employment-based green card applications where the employer is a family member.

The Affidavit of Support aims to ensure that the immigrant will not rely on public assistance once they enter the United States. Instead, you are committing to provide financial support if necessary.

Who Needs to File the Affidavit of Support?

In general, the petitioner (the person who filed the immigrant petition) is required to file the Affidavit of Support. However, there are situations where a joint sponsor or household member may also need to complete an additional Affidavit of Support. Here’s a breakdown of who needs to file:

• Family-Based Immigrants: If you are sponsoring a family member for a green card, such as a spouse through a green card, a child (including the IR2 child visa), or a parent or sibling, you must complete the Affidavit of Support.
• Certain Employment-Based Immigrants: In some cases, if the petitioning employer is also a family member, the Affidavit of Support is required. This typically applies when a U.S. citizen or permanent resident owns a significant portion of the business that is petitioning for the immigrant.
• K-1 Fiance Visa: If you are bringing a fiancé(e) to the U.S. on a K-1 fiance visa, you will also need to file the Affidavit of Support once they enter the U.S. and apply for a green card.

Financial Requirements for the Affidavit of Support

To qualify as a sponsor, you must demonstrate that you have sufficient income or assets to support both your household and the immigrant you are sponsoring. The minimum income requirement is generally set at 125% of the Federal Poverty Guidelines for your household size. For active-duty military personnel sponsoring a spouse or child, the requirement is 100% of the Federal Poverty Guidelines.

Here’s what you need to consider:

• Household Size: Your household size includes yourself, your dependents, any relatives living with you, and the immigrant you are sponsoring. The larger your household, the higher your income must be to meet the requirement.
• Income and Assets: If your income alone does not meet the threshold, you may be able to use assets to qualify. Common assets include savings accounts, stocks, bonds, and property. The value of these assets must generally be worth at least three times the difference between your income and the required income level.
• Joint Sponsors: If you do not meet the income requirements on your own, you can enlist a joint sponsor. A joint sponsor must meet the income requirements for their own household and will share financial responsibility for the immigrant.

Read more about the income requirement for green card sponsors.

Legal Obligations and Duration of Responsibility

Signing the Affidavit of Support is a serious legal commitment. You are agreeing to financially support the immigrant until one of the following conditions is met:

1. The Immigrant Becomes a U.S. Citizen: Your obligation ends once the immigrant becomes a U.S. citizen.
2. The Immigrant Has Worked 40 Quarters: Your obligation ends if the immigrant has worked in the U.S. for 40 quarters (equivalent to 10 years).
3. The Immigrant Leaves the U.S. Permanently: Your financial responsibility ends if the immigrant permanently leaves the United States.
4. The Immigrant Dies: Your obligation ends if the immigrant passes away.

It’s important to note that divorce does not end your obligation. Even if you and the sponsored immigrant divorce, you are still responsible for supporting them financially until one of the conditions above is met.

If the immigrant receives public benefits, the agency providing the benefits may seek reimbursement from you. Sometimes, you could even face legal action to recover the funds.

Common Mistakes to Avoid When Filing the Affidavit of Support

Filing the Affidavit of Support can be a complex process, and making mistakes can lead to delays or even denial of the immigrant’s green card application. Here are some common mistakes to avoid:

• Not Meeting the Income Requirement: Before filing, ensure you accurately calculate your household size and income to meet the minimum threshold. If you’re unsure, contact our immigration attorney.
• Inaccurate or Incomplete Forms: Double-check that all sections of the form are filled out correctly and that you’ve provided all necessary documentation, such as tax returns, pay stubs, and proof of assets.
• Overlooking the Need for a Joint Sponsor: If your income doesn’t meet the requirements, don’t hesitate to enlist a joint sponsor or use household member income. It’s better to include the necessary documentation upfront than to face delays due to insufficient proof of support.

How Our Immigration Attorney Can Help

The Affidavit of Support is a legally binding document that can have long-lasting consequences. If you’re unsure about any part of the process, working with our experienced immigration attorney can make all the difference. At ILOLA, we will:

• Help you calculate your income and assets to ensure you meet the requirements.
• Assist in filling out the form accurately and gathering all necessary documentation.
• Guide you through alternative options if you don’t meet the income threshold, such as joint sponsorship or using household member income.
• Advise you on your legal obligations as a sponsor and help you understand the long-term commitment involved.

Contact ILOLA Today

The Affidavit of Support is a critical component of the green card sponsorship process. Understanding the financial requirements, your legal obligations, and the importance of accurate documentation can help you navigate this process smoothly.

Before beginning the green card process, call our immigration attorney, who can provide you with the peace of mind and confidence you need to sponsor your loved one for a green card successfully. Call us now at (213) 375-4084 for a case review. We offer immigration services nationwide.