What is an Affidavit of Support? A Guide to Sponsoring a Green Card Applicant

Learn what an Affidavit of Support (Form I-864) is, who needs one, the income requirements, and what it means to be a financial sponsor.

The Affidavit of Support Explained: Your Guide to Financially Sponsoring an Immigrant

If you're helping a family member apply for a green card, you'll definitely want to know about an Affidavit of Support. It can seem intimidating at first glance because it deals with finances and serious legal promises, but it’s a standard part of most family-based immigration processes.

This guide will break down what an Affidavit of Support is, who needs to file one, what the income requirements are, and what it means to be a sponsor.

What is an Affidavit of Support?

An Affidavit of Support is a legal contract between a sponsor (a U.S. citizen or green card holder) and the U.S. government. By signing it, the sponsor promises to financially support the immigrating family member so that they will not need to rely on public benefits from the government.

The main form used for this is Form I-864, Affidavit of Support Under Section 213A of the INA.

Who Needs to File an Affidavit of Support?

The person who filed the initial immigrant petition (Form I-130) for their family member must almost always be the one to file the Affidavit of Support.

This is typically required for:

• Most family-based green card applicants, including spouses, parents, children, and siblings.
• Some employment-based green card applicants, but only if the petition was filed by a relative or a company where a relative has a significant ownership interest.

For reference, the person filing the Affidavit of Support is called the "sponsor."

What are the Requirements for a Sponsor?

To be a financial sponsor for a green card applicant, you must meet a few requirements first:

• Status: You must be a U.S. citizen or a Lawful Permanent Resident (green card holder).
• Age: You must be at least 18 years old.
• Domicile: You must live in the United States or a U.S. territory.
• Income: Most importantly, you must have an annual income of at least 125% of the Federal Poverty Guidelines for your household size. (The requirement is 100% for sponsors who are on active duty in the U.S. armed forces and are sponsoring their spouse or child).

Understanding the Income Requirements

This is often the most confusing part of the process. Let's break it down.

1. What are the Federal Poverty Guidelines?

• The U.S. government publishes poverty levels each year that vary based on the number of people in a household. USCIS uses a specific version of these guidelines for the Affidavit of Support, which you can find on the USCIS I-864P, Poverty Guidelines page.

2. How do you calculate your household size?

• Your household size typically includes:
  
  • Yourself (the sponsor).
  • Your spouse (if you have one).
  • Any dependent children.
  • The intending immigrant you are sponsoring.
  • Any other immigrants you have previously sponsored with an I-864 who are now permanent residents.
  • Sometimes, other relatives living with you.

3. Do you meet the 125% requirement?

• You find your household size on the I-864P Poverty Guideline Page, then look at the income required for that number of people. The sponsor’s current individual annual income must be at or above that amount. For example, if the 125% level for a household of 2 is $25,550, the sponsor's income must be at least that much. (These numbers change, so always check the current chart).

What if My Income Isn't High Enough?

It's a common situation, and thankfully, there are other options if the main sponsor's income isn't sufficient on its own:

• Option 1: Use the Income of Other Household Members
  
  
  
  • You may be able to include the income of your spouse or other relatives living in your household. They would typically need to sign a special form (Form I-864A, Contract Between Sponsor and Household Member) agreeing to make their income available to support the immigrant.
    
    
• Option 2: Use Assets to Supplement Income
  
  
  
  • You can use the value of your assets (or the immigrant's assets) to make up for a shortfall in income. This can include cash in savings accounts, stocks, bonds, or real estate.
  • The general rule is that the total net value of the assets must be at least five times the difference between your income and the required 125% poverty level. (The multiple is lower in some specific cases, like for spouses of U.S. citizens).
    
    
• Option 3: Get a Joint Sponsor
  
  
  
  • A joint sponsor is another person (who must also be a U.S. citizen or green card holder) who agrees to accept full legal responsibility for supporting the immigrant, just like the main sponsor.
  • This person must meet the 125% income requirement on their own and will file their own separate Form I-864. This is a common solution, and can be any qualifying individual, not necessarily a family member.

What is the Sponsor's Responsibility?

Signing Form I-864 is a serious, legally binding commitment.

• It's a Contract: You are promising the U.S. government that you will ensure the immigrant has financial support.
• Duration: This responsibility typically ends only when the immigrant:
  
  • Becomes a U.S. citizen.
  • Has worked for 40 quarters (usually about 10 years) in the U.S.
  • Leaves the U.S. permanently.
  • Passes away.
• Repayment of Benefits: If the immigrant receives certain means-tested public benefits (like Medicaid or food stamps) while the affidavit is in effect, the government agency that provided the benefit can sue the sponsor to get the money back.

This responsibility does not end even if the sponsor and the immigrant get divorced (in a marriage-based case). It's a long-term commitment that should be taken seriously.

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