Applying for a US family-based visa isn’t just about paperwork. One crucial document you’ll need is an Affidavit of Support (Form I-864). This form is more than just another document—it’s a legally binding contract where the sponsor agrees to financially support the immigrant, ensuring they won’t become a public charge once in the US.
In simple terms, the sponsor promises the US government that they will take care of the applicant financially.
But how exactly does this work? Let’s break it down.
In this article...
What is an Affidavit of Support?
The Affidavit of Support (Form I-864) is required in most family-based immigrant visa cases. It’s the US government’s way of ensuring that immigrants have a financial safety net when they arrive.
The sponsor, usually the petitioner (the person who filed the visa petition), must show they have enough financial resources to support the immigrant at 125% of the Federal Poverty Guidelines.
If you’re sponsoring multiple people (like a spouse and children), the income requirement increases based on the family size.
Tip: The sponsor must earn enough income or have enough assets to meet the financial requirement, or the petition may be denied.
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Who Needs to Submit an Affidavit of Support?
The sponsor in a family-based visa case—whether it’s a spouse, parent, or sibling—must submit Form I-864. Here are the main categories of family-based visas where this form is required:
- Immediate Relatives: Spouses, parents, and children of US citizens.
- Family Preference Categories: Brothers, sisters, and married children of US citizens or green card holders.
It’s also important to note that even if the sponsor doesn’t meet the financial requirements on their own, they can use a joint sponsor. A joint sponsor is another individual who agrees to take financial responsibility along with the primary sponsor.
What Are the Financial Requirements?
To file an Affidavit of Support, the sponsor must meet certain income guidelines, typically set at 125% of the Federal Poverty Level. The required income level depends on the size of the household, which includes:
- The sponsor
- The immigrant(s)
- The sponsor’s spouse and children (if applicable)
- Any other dependents
Here’s a general idea of the income requirement for a household of 2 people:
- 125% of Poverty Line (2024): $22,425 annually (for the contiguous US)
The income requirement increases with each additional family member. For households larger than two people, add about $5,525 per additional person.
Pro Tip: If your income doesn’t meet the requirements, you can also count your assets, such as bank accounts, stocks, or property.
What Documents Do You Need?
When submitting the Affidavit of Support, you’ll need to prove that you meet the financial requirement. This means providing supporting documents like:
- Most recent tax returns: You’ll usually need to submit your last year’s tax return, though providing tax returns for the past three years is recommended.
- W-2 forms or 1099 forms: These show your income from work or other sources.
- Pay stubs: Include the most recent pay stubs to prove your current income.
- Proof of assets: If you’re using assets to qualify, provide bank statements, property appraisals, or other asset documentation.
Tip: Be sure your documents are current and match the income information you provide on Form I-864. Outdated or missing documents can delay the process.
What Happens After Filing?
Once the Affidavit of Support is submitted, it will be reviewed along with the visa application. The consular officer or US Citizenship and Immigration Services (USCIS) will ensure that the sponsor meets the financial requirements.
If everything checks out, the application moves forward. However, if there’s an issue—like not meeting the financial requirement—you may need to submit additional documents or find a joint sponsor.
What if the Sponsor’s Income Isn’t Enough?
If the primary sponsor doesn’t meet the income requirement, don’t worry! You can use one of these alternatives:
- Joint Sponsor: Another US citizen or lawful permanent resident can step in to help meet the financial requirements. The joint sponsor must file a separate I-864 form and meet the income requirement independently.
- Household Member Contributions: The sponsor’s household members can also contribute their income to meet the requirement. In this case, the household member will file Form I-864A, agreeing to make their income available to support the immigrant.
Pro Tip: Always have a backup plan in case the sponsor’s income isn’t enough—this could be a joint sponsor or the inclusion of household members’ income.
Is the Affidavit of Support Legally Binding?
Yes, the Affidavit of Support is a legally binding contract. By signing Form I-864, the sponsor agrees to financially support the immigrant until they either:
- Become a US citizen
- Work for 10 years (or 40 quarters)
- Die or permanently leave the US
If the immigrant receives certain public benefits (like food stamps or Medicaid) after arriving in the US, the government can go after the sponsor for reimbursement. This obligation can last for years, so it’s important to fully understand what you’re signing up for.
Final Thoughts
Filing an Affidavit of Support is a critical part of the family-based visa process. It ensures that immigrants coming to the US have financial support and won’t rely on public assistance.
Whether you’re sponsoring a spouse, parent, or sibling, it’s essential to understand the financial requirements and responsibilities that come with signing this form.
Make sure to gather all the necessary documents, and don’t hesitate to seek legal assistance if you’re unsure about meeting the requirements.
For more detailed information, check out the official USCIS guide on the Affidavit of Support.
