Affidavit of Support

Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.

The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner to obtain an immigrant visa or adjustment of status:

• All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans)
• Relatives who qualify for immigration to the United States under one of the family based preferences:
  • First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)
  • Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children
  • Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children
  • Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children
• Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition.

Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER:

• Already worked 40 qualifying quarters as defined in Title II of the Social Security Act
• Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act
• Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000

If a U.S. citizen or a permanent resident files an immigrant visa petition for his/her relative, he/she must be the sponsor. The sponsor must also be at least 18 years old and a U.S. citizen or a permanent resident. The sponsor must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means the sponsor must actually live in the United States, or a territory or possession, in order to be a sponsor. If the sponsor lives abroad, he/she may still be eligible to be a sponsor if he/she can show that your residence abroad is temporary, and that he/she still has his/her domicile in the United States.

Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases.

A joint sponsor is someone who is willing to accept legal responsibility for supporting the immigrant with the sponsor. A joint sponsor must meet all the same requirements as the sponsor, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. A sponsor cannot combine his/her income with that of a joint sponsor to meet the income requirement.

If the visa petitioner has died after approval of the visa petition but U.S. Citizenship and Immigration Services (USCIS) decides to let the petition continue, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner. A “substitute sponsor” must be related to the intending immigrant in one of the following ways: Spouse, Parent, Mother-in-law, Father-in-law, Sibling, Child (if at least 18 years of age), Son, Daughter, Son-in-law, Daughter-in-law, Sister-in-law, Brother-in-law, Grandparent, Grandchild, and Legal guardian of the beneficiary.

A substitute sponsor must also:

• Be U.S. citizen or national or a permanent resident
• Be at least 18 years of age
• Be domiciled (live) in the United States
• Meet all of the financial requirements of a sponsor pursuant to INA 213A

The substitute sponsor assumes all of the obligations of an I-864 sponsor.

Responsibilities as a Sponsor

When the sponsor signs the affidavit of support, he/she accepts legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. The sponsor’s obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States.

Note: Divorce does NOT end the sponsorship obligation.

If an immigrant that is sponsored receives any means-tested public benefits, the sponsor is responsible for repaying the cost of those benefits to the agency that provided them. If the sponsor does not repay the debt, the agency or the immigrant can sue the sponsor in court to get the money owed. Any joint sponsors and household members who allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money.

Income Requirements

A sponsor also must meet certain income requirements (including sponsors, joint sponsors, or substitute sponsors). A sponsor must show that his/her household income is equal to or higher than 125% of the U.S. poverty level for his/her household size. A sponsor household size includes the petitioner, his/her dependents, any relatives living with the petitioner, and the immigrants the petitioner is sponsoring.

If the sponsor is on active duty in the Armed Forces of the United States, and the immigrant he/she is sponsoring is his/her spouse or child, the sponsor’s income only needs to equal 100% of the U.S. poverty level for his/her household size.

For Poverty Guidelines for Affidavit of Support, go to: https://www.uscis.gov/forms/filing-fees/poverty-guidelines

If a sponsor cannot meet the minimum income requirements using his/her earned income, he/she has various options:

Add the cash value of his/her assets. This includes money in savings accounts, stocks, bonds, and property. To determine the amount of assets required to qualify, subtract his/her household income from the minimum income requirement. He/she must prove the cash value of his/her assets is worth five times this difference (the amount left over).

Exceptions:

• If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.
• If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.

A sponsor may count the income and assets of members of his/her household who are related to him/her by birth, marriage, or adoption. To use their income a sponsor must have listed them as dependents on his/her most recent federal tax return or they must have lived in the same household for the last 6 months. They must also complete a Form I-864A, Contract Between Sponsor and Household Member. If the relative a sponsor is sponsoring meets these criteria he/she may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.