Understanding the I-864 Affidavit of Support for Family-Based Green Card Applications

When you apply for a family-based green card through adjustment of status, one of the most important forms in your application package is the Affidavit of Support (Form I-864). This form is required by U.S. Citizenship and Immigration Services (USCIS) to prove that the intending immigrant will have adequate financial support and is not likely to become a public charge.

Who Needs to File Form I-864?

The I-864 is required for most family-based immigrant visa and adjustment of status cases, including:

• Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21)

• Family preference categories (F1, F2A, F2B, F3, F4)

• Certain employment-based cases

It is important to understand that the petitioner must submit an affidavit of support even if they do not meet the minimum income requirements. If the petitioner’s income is insufficient, they must still file their I-864 and supplement it with a joint sponsor, assets, household member income, or the beneficiary’s income. The petitioner cannot simply skip filing the I-864 because their income is too low, their Form I-864 must always be included in the application package.

Who Can Be a Sponsor?

To qualify as a sponsor, you must meet the following requirements:

• U.S. Citizenship or Lawful Permanent Residence: The sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident.

• Age Requirement: The sponsor must be at least 18 years old.

• Domicile: The sponsor must be domiciled (have their principal residence) in the United States, its territories, or possessions.

• Income Requirements: The sponsor must demonstrate income at or above 125% of the Federal Poverty Guidelines for their household size (100% for active-duty military sponsors sponsoring a spouse or child).

Meeting the Income Requirements

The income threshold varies based on household size and geographic location. The Federal Poverty Guidelines are different for households in the 48 contiguous states and D.C., Alaska, and Hawaii. For current income requirements, you can reference the USCIS website at https://www.uscis.gov/i-864p, which is updated annually to reflect the most recent guidelines.

It is important to note that the income requirement is based on the sponsor’s income at the time the I-864 is submitted. In addition to the other documents, the sponsor must use the most recent tax return to demonstrate income, and if there has been a significant change in income since the last tax filing, the sponsor must explain this change.

Acceptable Income Sources

The sponsor can count various income sources when calculating their total income. This includes wages, salaries, tips, and other compensation from employment. Self-employment income from a business or profession can be counted, though it requires additional documentation. Investment income such as interest and dividends are acceptable. However, needs-based public benefits cannot be included as income. It is also important that the income be reasonably expected to continue. If a sponsor is about to retire or has already received notice of termination, their employment income may not be acceptable.

What If Income is Insufficient?

When a sponsor’s income alone does not meet the minimum requirement, several options are available to overcome this obstacle. Understanding these alternatives is crucial for successfully completing the adjustment of status process.

Joint Sponsors

When the primary sponsor’s income is insufficient, adding a joint sponsor is usually the simplest fix. A joint sponsor is a separate individual, often a parent, sibling, adult child, or close friend, who independently meets the income requirement and accepts the same legal responsibility as the primary sponsor. They do not have to live with the sponsor, and they must submit their own Form I-864 with tax transcripts, income proof, and status documentation. Their obligation continues until the immigrant becomes a U.S. citizen, earns 40 work quarters, leaves the U.S. permanently, or dies. If the joint sponsor is including a household member’s income, that person must file a Form I-864A.

Household Members

Another option is to have a household member who lives with the sponsor combine their income by filing Form I-864A. Household member must be at least 18 years old and either: (1) be a spouse, parent, adult child, or sibling of the sponsor who shares the same principal residence as the sponsor, or (2) a person who the sponsor claimed as a dependent on their most recent federal tax return. The household member agrees to make their income available to support the immigrant and to be jointly and severally liable with the sponsor.

Beneficiary’s Income

The beneficiary’s income can count only if they are legally authorized to work in the U.S. and either live with the sponsor or will continue working for the same employer after getting a green card. Evidence of work authorization, current employment, and continued income must be provided. This is often useful when when a spouse who already has work authorization is being sponsored for adjustment of status.

Using Assets

Sponsors may use assets to make up for an income shortfall. The required asset value depends on the relationship between the sponsor and the intending immigrant. For most family-based cases, the assets must equal five times the difference between the sponsor’s actual income and the minimum required income. If the sponsor is a U.S. citizen petitioning for a spouse or child aged 18 or older, the assets must equal three times the shortfall. All assets must be well-documented and readily convertible to cash within one year, such as savings, investments, or real estate.

Required Documentation

When submitting Form I-864, you must include:

• Tax returns for the most recent tax year

• Proof of current income (recent pay stubs, employment letter, or other evidence)

• Proof of U.S. citizenship or lawful permanent resident status

• If using assets: documentation of asset ownership and value

• If applicable: Forms I-864A from household members

Common Mistakes to Avoid

Even strong cases can face delays, or even denials, because of preventable mistakes. Some of the most frequent issues relating to Form I-864 include:

• Incomplete tax returns or missing IRS transcripts,

• Inconsistent information about household size or income across different documents,

• Using outdated USCIS forms, which can lead to automatic rejection,

• Insufficient documentation from self-employed sponsors to show that their business is active and generating income,

• Unexplained employment or income changes, such as recent job transitions or significant pay variations.

Taking time to carefully review all requirements, double-checking calculations, ensuring all documentation is current and complete, and verifying that the latest form versions are being used can prevent most of these problems and significantly improve the chances of approval without unnecessary delays.

Conclusion

Form I-864 Affidavit of Support is one of the most important documents in the family-based immigration process. It requires careful preparation, complete documentation, and a thorough understanding of both the immediate requirements and the long-term obligations it creates. Sponsors must realistically assess their financial ability to support the immigrant, and they must understand that this obligation is legally enforceable regardless of changes in personal circumstances, including divorce or financial hardship.

At Aydinoz Law, we strive to make the I-864 process as straightforward and stress-free as possible. If you are unsure how to meet the financial requirements or want to ensure your case is handled correctly from the start, let’s talk about your case and find the best strategy for your family. You can reach out by filling out the form on the Contact page or by clicking Book Now to schedule your free consultation.

Legal Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. The information contained here is current as of the date of publication, but immigration laws, regulations, and procedures are subject to change. Every immigration case involves unique facts and circumstances that may affect the requirements and strategies discussed here. This content should not be relied upon as a substitute for consultation with a qualified immigration attorney who can evaluate your specific situation and provide personalized legal advice. No attorney-client relationship is created by reading this blog post or by contacting our office through this website. For specific guidance regarding your I-864 Affidavit of Support or adjustment of status application, please schedule a consultation with our office or another qualified immigration attorney. The outcomes of immigration cases can vary significantly based on individual circumstances, and past results do not guarantee future outcomes.