Understanding the Affidavit of Support (Form I-864)

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 forms you will need is the Affidavit of Support (Form I-864). This legally binding document is required by U.S. Citizenship and Immigration Services (USCIS) and ensures that the immigrant you are sponsoring will not become a public charge. Essentially, you are committing to provide financial support for the immigrant once they arrive in the United States.

What is Form I-864?

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

The purpose of the Affidavit of Support is to ensure that the immigrant does not rely on public assistance, as you are legally agreeing to provide financial support if necessary.

Who Must File the Affidavit of Support?

Typically, the petitioner who filed the immigrant petition is required to submit Form I-864. However, in certain cases, a joint sponsor or household member may also need to file an additional affidavit. Here’s a breakdown:

• Family-Based Immigrants: Sponsors of spouses, children (including IR2 child visas), parents, or siblings must complete Form I-864.
• Certain Employment-Based Immigrants: If the petitioning employer is a family member, the affidavit may be required, especially when a U.S. citizen or permanent resident owns a significant share of the business.
• K-1 Fiancé(e) Visa: Sponsors must file the affidavit once their fiancé(e) enters the U.S. and applies for a green card.

Financial Requirements for Sponsors

To qualify as a sponsor, you must demonstrate sufficient income or assets to support your household and the immigrant. Generally, the minimum income requirement is 125% of the Federal Poverty Guidelines for your household size (100% for active-duty military sponsoring a spouse or child).

Key considerations include:

• Household Size: Includes yourself, dependents, any relatives living with you, and the immigrant being sponsored. Larger households require higher income.
• Income and Assets: If income alone is insufficient, assets like savings, stocks, bonds, or property can help meet the requirement. Typically, assets must be worth three times the difference between your income and the required level.
• Joint Sponsors: If you don’t meet the income threshold, a joint sponsor may share financial responsibility for the immigrant.

Legal Obligations and Duration

Signing the Affidavit of Support is a serious legal commitment. Your financial responsibility continues until one of the following occurs:

• The immigrant becomes a U.S. citizen.
• The immigrant has worked 40 quarters (approximately 10 years).
• The immigrant permanently leaves the United States.
• The immigrant passes away.

Note that divorce does not end your obligation. If the immigrant receives public benefits, the providing agency may seek reimbursement from you, and legal action is possible.

Common Mistakes to Avoid

• Not Meeting Income Requirements: Accurately calculate household size and income to ensure eligibility.
• Incomplete or Incorrect Forms: Ensure all sections are correctly filled and required documentation is included (tax returns, pay stubs, proof of assets).
• Overlooking Joint Sponsors: Include a joint sponsor or household income if needed to meet requirements.

How Our Immigration Attorney Can Assist

Because the Affidavit of Support is legally binding, working with an experienced immigration attorney can simplify the process and prevent costly mistakes. At American immigration law firm LLP, we can:

• Calculate income and assets to ensure you meet the financial requirements.
• Assist in completing the form accurately and gathering all necessary documentation.
• Guide you through alternative options if your income is insufficient, such as joint sponsorship or using household income.
• Explain your legal responsibilities as a sponsor and the long-term commitment involved.

Contact American immigration law firm LLP Today

The Affidavit of Support is a critical part of the green card sponsorship process. Understanding your financial obligations and filing the form correctly is essential for a smooth process. Contact our immigration attorney today for guidance and peace of mind. Call us now at 323-805-0445 for a case review. We provide immigration services nationwide.