An Affidavit of Support, officially known as Form I-864, is a legally binding document signed by an individual (the "sponsor") who accepts financial responsibility for an immigrant coming to live permanently in the United States. This critical document ensures that foreign nationals seeking to immigrate will not become a public charge, meaning they will not rely on government welfare programs.
Understanding the Affidavit of Support (Form I-864)
The Affidavit of Support is more than just a declaration; it's a legally enforceable contract between the sponsor and the U.S. government. Its primary purpose is to demonstrate that an immigrant applicant has adequate means of financial support and will not become a financial burden on the U.S. government.
Purpose and Role
The core role of Form I-864 is to guarantee that the sponsored immigrant has financial resources available to them, thereby preventing them from needing to use certain federal, state, or local means-tested public benefits. By signing, the sponsor commits to using their resources to support the immigrant if needed.
Who is a Sponsor?
The individual who signs the Form I-864 is known as the sponsor. Typically, this is the U.S. citizen or lawful permanent resident (green card holder) who filed the immigrant petition on behalf of the applicant. To qualify as a sponsor, an individual must generally:
- Be a U.S. citizen or a lawful permanent resident.
- Be at least 18 years old.
- Be domiciled (live) in the United States or a U.S. territory.
- Meet specific income requirements, usually at least 125% of the U.S. poverty guidelines for their household size.
When is it Required?
An Affidavit of Support is typically required for most family-based immigrants and some employment-based immigrants to demonstrate they will not become a public charge. This commonly includes:
- Relatives of U.S. citizens or lawful permanent residents.
- Certain employment-based immigrants if a relative filed the petition or owns a significant interest (5% or more) in the entity that filed the petition.
Sponsor's Financial Obligations
By signing the Affidavit of Support, the sponsor undertakes substantial financial obligations:
- Financial Liability: The sponsor is legally obligated to reimburse any federal, state, or local agency that provides means-tested public benefits (e.g., SNAP, TANF, Medicaid) to the sponsored immigrant.
- Support Obligation: The sponsor commits to supporting the immigrant at an annual income level that is at least 125% of the federal poverty guidelines for their household size.
Duration of the Obligation
The sponsor's financial responsibility is a long-term commitment. It generally lasts until the sponsored immigrant:
- Becomes a U.S. citizen.
- Has worked 40 quarters of coverage under the Social Security Act (which typically equates to 10 years of work).
- Departs the United States permanently.
- Dies.
- Is granted a new grant of adjustment of status in a removal proceeding based on a new I-864.
It's important to note that divorce from the sponsor does not end the financial obligation.
Key Sponsor Requirements
To provide a clear overview, here are the general requirements for an Affidavit of Support sponsor:
| Requirement | Description |
|---|---|
| Citizenship/LPR | Must be a U.S. citizen or a lawful permanent resident. |
| Age | Must be at least 18 years old. |
| Domicile | Must reside (be domiciled) in the United States or a U.S. territory (e.g., Puerto Rico, Guam, U.S. Virgin Islands). |
| Income | Must demonstrate an income at or above 125% of the federal poverty guidelines for their household size. (This threshold is 100% for active-duty military personnel sponsoring their spouse or child). Assets can be used if income alone is insufficient to meet the requirement. |
| Completed Form | Must accurately complete and sign Form I-864, along with providing supporting financial documents (e.g., federal income tax returns, W-2s, pay stubs). |
Practical Considerations and Solutions
- Insufficient Income: If the primary sponsor's income alone is not sufficient, a joint sponsor can be added. A joint sponsor must meet all the same requirements as the primary sponsor and agrees to accept joint and several financial responsibility for the immigrant. This effectively combines resources to meet the income threshold.
- Consequences of Non-Compliance: Failure to meet the financial obligations can lead to legal action against the sponsor by either the sponsored immigrant (to enforce financial support) or a government agency that provided means-tested benefits (to seek reimbursement).
- Thorough Documentation: Sponsors must provide extensive financial documentation to prove their financial capability, which is critically reviewed by immigration authorities.
The Affidavit of Support is a foundational element in U.S. immigration, underscoring the serious financial commitment undertaken by the sponsor and ensuring that new immigrants have a financial safety net, thereby reducing the likelihood of becoming a burden on public resources.
