Understanding the affidavit of support
The affidavit of support, formally known as Form I-864, is a legally binding document between the sponsor (usually you, the U.S.-based petitioner) and the U.S. government. By signing it, you commit to financially support the immigrant you are sponsoring, ensuring they do not become a “public charge” dependent on certain government benefits.
This document is fundamental in most family-based immigration cases. It demonstrates that the immigrant will have the necessary financial support upon arriving or adjusting their status in the country. It is a crucial step for your family member to obtain their permanent residency (Green Card) and is your serious promise to the government.
Who must file this document?
As the petitioner in a family-based petition (Form I-130), if you are a U.S. citizen or lawful permanent resident and reside in the United States, you are almost always required to be the primary sponsor. You must file Form I-864, regardless of whether you meet the income requirements on your own.
Even if you have a joint sponsor, you, as the petitioner, must file your own principal Affidavit of Support. The law considers you primarily responsible for financially supporting your immigrant family member.
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What does It mean to be a sponsor?
Being a sponsor means that you accept legal responsibility for financially supporting the sponsored immigrant. This implies that if the immigrant receives certain “means-tested” public benefits (like some types of Medicaid or food stamps), the government agency that provided those benefits could seek reimbursement for the costs directly from you.
It is a serious and ongoing obligation, not just a one-time paperwork requirement. You are guaranteeing that the sponsored immigrant will have enough financial support to live above the poverty level.
Income requirements
To qualify as a sponsor, you must generally demonstrate income that is at least 125% of the U.S. Poverty Level for your household size. Your household size includes yourself, your dependents, the immigrants you are sponsoring, and anyone else you have previously sponsored with an I-864.
The Poverty Guidelines are published annually and vary by state (with different levels for Alaska and Hawaii). If your income does not reach 125%, assets (such as bank accounts or property) can sometimes be used to make up the difference, although demonstrating sufficient income is the preferred method.
We recommend you read: How to Determine If You Are Eligible for Permanent Residency in the United States
What happens if I don’t meet the income requirements?
If your income alone does not meet the 125% requirement, it does not mean your family member’s case is lost. You can seek a “joint sponsor.” This is another person (who must be a U.S. citizen, lawful permanent resident, or U.S. national and reside in the U.S.) who agrees to share the financial responsibility for the immigrant.
The joint sponsor must file their own separate Form I-864 and meet the 125% income requirement on their own. Their obligation is as serious as yours. With a qualified joint sponsor, your family member can still meet the financial requirement for their residency.
How long does this responsibility last?
Your responsibility as a sponsor is long-term and ends only when the sponsored immigrant meets one of several “terminating events.” These events include the immigrant becoming a U.S. citizen, having worked 40 quarters (approximately 10 years) in the United States, permanently departing the United States, or dying.
It is vital to understand that divorce between the sponsor and an immigrant spouse does not terminate the Affidavit of Support obligation. The financial responsibility continues until one of the aforementioned terminating events occurs.
An immigration lawyer can increase the chances of success for your case, and we can assist you. Visit our website to learn more.
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