An Affidavit of Support is an official document signed by a U.S. citizen or permanent resident, agreeing to take financial responsibility for a relative who is applying for a green card. This form, known as U.S. Immigration Form I-864, ensures that the family member seeking permanent residency will not become a financial burden on the U.S. government.
In this article, we’ll break down what an Affidavit of Support is, who can sign it, the financial obligations and requirements, and how you can make sure the process goes smoothly. We will also use the term “financial sponsor” to refer to the person who signs this affidavit. In most cases, the financial sponsor is the same person as the sponsor in the family-based immigration process, but not always.
Who Can Sign the Affidavit of Support?
To sign an Affidavit of Support (Form I-864), the sponsor must meet specific criteria. The sponsor must be:
- A U.S. citizen or green card holder who is at least 18 years old.
- Living in the United States or domiciled there (this means they have their primary residence in the U.S.).
The sponsor promises to financially support the immigrant and ensure that they will not need to rely on public assistance once they become a permanent resident.
How Does Form I-864 Work?
Form I-864 is a legal document that outlines the sponsor’s financial responsibility. When the sponsor signs the form, they are agreeing to support the person seeking a green card (the “beneficiary”) financially. If the beneficiary later requires public assistance (such as welfare), the U.S. government has the right to seek reimbursement from the sponsor. This could include benefits such as Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF).
The financial responsibility of the sponsor lasts until one of the following happens:
- The beneficiary becomes a U.S. citizen.
- The beneficiary works for 40 quarters (around 10 years) in the U.S.
- The beneficiary leaves the U.S. permanently.
- The sponsor or beneficiary dies.
Financial Requirements for Sponsorship
A key requirement for the financial sponsor is meeting certain income levels. The sponsor’s income must be at least 125% of the Federal Poverty Guidelines, which depends on the sponsor’s household size. For example, if the sponsor has a family of four, their income requirement will be higher than someone sponsoring only one person.
The sponsor’s assets can also count toward meeting these requirements. Assets may include:
- Cash in savings accounts.
- Stocks and bonds.
- Property (such as a home).
If the primary sponsor does not meet the income or asset requirement, it is possible to use the income of a joint sponsor or another household member to meet the necessary threshold.
Can the Beneficiary Use Their Income?
Yes, the person seeking the green card (the beneficiary) can use their income to meet the financial requirements if that income will continue after they become a permanent resident.
Important Financial Obligations
When you sign an Affidavit of Support, you are entering into a legal contract with the U.S. government. Your obligations under this contract are serious. If your beneficiary uses public benefits after receiving their green card, the government can seek repayment from you.
Additionally, if you have previously sponsored others and are now sponsoring someone new, your financial obligations to the previous beneficiaries remain. This is true unless one of the events that ends your obligations (e.g., the beneficiary becoming a U.S. citizen) has occurred.
How to File Form I-864
Form I-864 is typically filed during the green card application process. If the beneficiary is outside the U.S., they will need to submit Form I-864 through the National Visa Center (NVC). If the beneficiary is already inside the U.S. and adjusting their status, the form is filed with USCIS.
Frequently Asked Questions about the Affidavit of Support
Can I Submit Form I-864 Online?
Yes! If you received Form I-864 from the National Visa Center (NVC), you can submit it electronically through the Consular Electronic Application Center (CEAC). If you’re submitting directly to USCIS, you will need to mail the form to the appropriate lockbox location.
Who Can Be a Sponsor?
To sponsor a relative for a green card, you must be a U.S. citizen or a permanent resident (green card holder), and you must live in the U.S. or be domiciled there.
How Long is the Affidavit of Support Valid?
The Affidavit of Support doesn’t expire unless one of the following happens:
- The sponsored individual becomes a U.S. citizen.
- The sponsored individual has worked 40 quarters in the U.S. (typically 10 years).
- The sponsored individual leaves the U.S. permanently.
- The sponsor or the sponsored individual dies.
What if I Need to Include a Joint Sponsor?
If your household income is not enough, you can include a joint sponsor to meet the financial requirements. The joint sponsor needs to fill out their own Form I-864.
If you are filing for multiple relatives or sponsoring someone through an employment-based green card process, you may need a separate Form I-864 for each individual.
When Should I File Form I-864?
You should file Form I-864 when the person you’re sponsoring is ready for their immigrant visa interview at a consulate, or if they are already in the U.S. and are filing for Adjustment of Status through Form I-485. If your spouse or fiancé(e) is entering the U.S. on a K-1 or K-3 visa, you should submit the Affidavit of Support after they arrive and adjust their status.
How Do I Know If I Meet the Income Requirements?
The income requirements to sponsor a green card applicant vary depending on the sponsor’s household size, state of residence, and other factors. It’s important to carefully check the Federal Poverty Guidelines and consider the total number of dependents in your household.
If you’re not sure if you meet the income requirements, you can consult with an immigration expert or use tools provided by Law and Visas to ensure everything is in order before you apply.
The Affidavit of Support is a crucial step in the green card application process, and understanding its financial obligations and requirements is essential for both the sponsor and the beneficiary. If you’re unsure about any part of the process or need help navigating the details of your specific case, Law and Visas can provide expert support and ensure that your application is completed correctly.
Start by taking a free 5-minute questionnaire to find out what family visa options are best for you, and let us help you with the paperwork. We’re here to help you every step of the way toward your family’s future in the U.S.
