Immigration 101
The Affidavit of Support (Form I-864) is a required document in marriage-based green card applications. It shows that the U.S. citizen or lawful permanent resident (LPR) spouse can financially support the foreign spouse and prevent them from relying on government assistance.
Form I-864 is a legally binding contract where the sponsor agrees to support the immigrant spouse if necessary. This obligation lasts until the immigrant becomes a U.S. citizen or has worked in the U.S. for about 10 years.
Primary Sponsor: The U.S. citizen or LPR spouse must file Form I-864.
Joint Sponsor: If the primary sponsor’s income is below the required level, a joint sponsor can file to help meet the financial requirements.
Gather Financial Documents: Include tax returns, W-2s, pay stubs, and proof of assets if needed.
Calculate Household Size: List all household members to determine the required income level.
Complete the Form: Provide income and asset details, and attach supporting documents.
Sign and Submit: Ensure the sponsor signs the form; if using a joint sponsor, they need to submit a separate I-864.
Check Income Requirements: Make sure you meet the income level before filing.
Organize Financial Documents: Thorough documentation helps avoid processing delays.
The Affidavit of Support is a critical part of the marriage-based green card application, showing the sponsor’s ability to support the immigrant. Following the financial guidelines and submitting complete documentation can help you avoid delays.
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Affidavit of Support 101:
Understanding Form I-864 for Marriage-Based Green Cards
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When applying for a marriage-based green card, one essential requirement is the Affidavit of Support (Form I-864). This document is a legally binding contract where the sponsoring spouse (the U.S. citizen or lawful permanent resident) agrees to financially support the foreign spouse (the green card applicant). The goal is to ensure that the foreign spouse will not become a “public charge” by relying on government assistance. This guide explains the purpose of the Affidavit of Support, who needs to file it, financial requirements, and step-by-step instructions for completing it.
What is Form I-864?
Form I-864, also known as the Affidavit of Support, is a required part of the marriage-based green card application process. By signing Form I-864, the sponsor agrees to financially support their spouse if necessary and promises to maintain the applicant at a minimum income level. This form shows U.S. Citizenship and Immigration Services (USCIS) that the foreign spouse will not need to depend on public benefits for support.
Why is the Affidavit of Support Required?
The U.S. government uses Form I-864 to ensure that foreign nationals entering the country have a reliable financial sponsor. This prevents new immigrants from becoming a financial burden on the U.S. government and helps show that they have a stable foundation in the U.S.
Signing the Affidavit of Support makes the sponsor financially responsible for the immigrant, and this responsibility lasts until the immigrant:
Becomes a U.S. citizen, or
Earns 40 work credits (about 10 years of working), or
Leaves the U.S. permanently, or
Passes away.
This responsibility remains even if the sponsor and the immigrant divorce, making it a significant commitment.
Who Needs to File Form I-864?
The Affidavit of Support is required in almost all family-based immigration cases, including marriage-based green card applications. For marriage-based cases, the U.S. citizen or lawful permanent resident spouse must file Form I-864 as the primary sponsor. If the sponsoring spouse’s income isn’t sufficient to meet the requirements, additional sponsors (called “joint sponsors”) may also file Form I-864 to meet the financial requirement.
Financial Requirements for the Affidavit of Support
To qualify as a sponsor, the sponsoring spouse must meet an income requirement based on the Federal Poverty Guidelines, which change annually. The requirement varies depending on the sponsor’s household size, which includes:
The sponsor
The immigrant spouse
Any dependents
Any other individuals living in the household whom the sponsor supports
Anyone previously sponsored through Form I-864 (if still financially responsible for them)
The sponsor’s household income must be at least 125% of the Federal Poverty Guidelines for their household size. However, for active-duty military personnel sponsoring a spouse, the requirement is 100% of the Federal Poverty Guidelines.
Example of Income Requirements
Let’s say you’re a U.S. citizen with a household size of 3 (you, your spouse, and one child). Based on 2023 Federal Poverty Guidelines, 125% of the poverty level for a household of 3 is around $27,450 annually. Therefore, to qualify as a sponsor, you would need to show an income of at least $27,450.
Using Assets to Meet the Requirement
If the sponsoring spouse’s income falls below the required level, they can use certain assets to make up the difference. Assets may include:
Cash in bank accounts
Real estate
Stocks and bonds
Retirement accounts
To calculate the value of assets, USCIS requires that they equal at least three times the shortfall amount for spouses of U.S. citizens (or five times for spouses of lawful permanent residents).
For example, if a sponsor is $5,000 short of the income requirement, they would need assets worth $15,000 (3 x $5,000) to make up the difference.
What if the Sponsor Doesn’t Meet the Income Requirement?
If the sponsoring spouse doesn’t meet the financial requirement, they can enlist the help of a joint sponsor. A joint sponsor is a U.S. citizen or LPR who agrees to share the financial responsibility. The joint sponsor must meet the income requirement independently, based on their own household size.
Step-by-Step Guide to Completing Form I-864
Here is a simple, step-by-step guide to completing Form I-864:
Step 1: Gather Necessary Documents
Before you start, gather the required financial documents:
Most recent federal income tax return (IRS Form 1040)
W-2 or 1099 forms
Pay stubs or proof of employment if available
Bank statements, if using assets to qualify
Proof of U.S. citizenship or lawful permanent resident status (e.g., passport, birth certificate, green card)
Step 2: Fill Out Basic Information
The first part of Form I-864 requires basic information about the sponsor, including:
Full name, address, and contact details
Date of birth
Social Security number (if applicable)
Citizenship or residency status (U.S. citizen or LPR)
Step 3: Calculate Household Size
This section is important because the income requirement is based on the sponsor’s household size. List each person in the household, including:
Yourself (the sponsor)
Your spouse (the immigrant applicant)
Any dependents (e.g., children)
Any other individuals living in the household whom you support financially
Step 4: Enter Income Information
The sponsor must report their current annual income and provide documentation to support this amount. This usually means using the most recent federal tax return. If the sponsor’s income has changed since filing taxes, they should provide pay stubs or a letter from their employer as proof of current income.
Step 5: Include Assets (if needed)
If the sponsor’s income does not meet the requirement, they can list assets to make up the difference. This section asks for a description of each asset, its value, and documentation, such as bank statements or property valuations, to prove the asset’s worth.
Step 6: Sign and Date the Form
The sponsor must sign and date Form I-864 to confirm that they understand and accept their financial obligations. If a joint sponsor is involved, they must submit a separate I-864 with their signature.
Submitting Form I-864
The Affidavit of Support is typically filed alongside the green card application (Form I-485) for Adjustment of Status cases or submitted to the National Visa Center (NVC) in consular processing cases. Double-check all information and documents to avoid delays.
Frequently Asked Questions
The sponsor’s financial responsibility lasts until the immigrant becomes a U.S. citizen, has worked in the U.S. for 10 years, leaves the U.S. permanently, or dies.
Generally, no. The Affidavit of Support is legally binding, and sponsors cannot withdraw it once the immigrant receives their green card. Even in the case of divorce, the sponsor remains financially responsible.
For fluctuating income, the sponsor can provide an average income based on previous tax returns and current income documentation, such as pay stubs. Adding assets to make up the difference can also help.
Some benefits are exempt from the public charge rule, such as emergency Medicaid or disaster relief. However, use of long-term government assistance could violate the Affidavit of Support agreement and potentially result in the sponsor repaying the government.
Key Takeaways
Form I-864 is Required: Almost all marriage-based green card cases require the sponsor to file an Affidavit of Support to demonstrate financial capability.
Income Requirement: The sponsor’s income must meet 125% of the Federal Poverty Guidelines based on household size. If income falls short, assets or a joint sponsor can help.
Serious Commitment: Form I-864 is legally binding, meaning the sponsor agrees to financially support the immigrant spouse if necessary.
Keep Accurate Documentation: Tax returns, pay stubs, and other documents are essential for proving income or asset values. Organize and submit these carefully to avoid processing delays.
Conclusion
Form I-864, the Affidavit of Support, is a critical part of the marriage-based green card application, ensuring that the immigrant has a stable financial foundation in the U.S. Completing it requires careful attention to financial details, but understanding the requirements can make the process straightforward. If you have questions or need help with the form, an immigration attorney can provide guidance, especially if your income or household situation is complex.
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Preparing thoroughly for your marriage-based green card interview can help demonstrate the authenticity of your relationship. With organized documents and honest answers, you’ll be well-equipped for a successful interview.
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