What is an Affidavit of Support?
PROMISING FINANCIAL SUPPORT AS A GREEN CARD SPONSOR WITH FORM I-864
What is an Affidavit of Support?
An Affidavit of Support, also known as U.S. Immigration Form I-864, is a legally binding document that a U.S. citizen or lawful permanent resident (green card holder) must sign to accept financial responsibility for a family member seeking a green card. The person who signs this document is referred to as the “financial sponsor.” This sponsor is usually, but not always, the same person who is sponsoring the family member for their green card.
Purpose of the Affidavit of Support
The Affidavit of Support ensures that the immigrant seeking a green card will not become a public charge, meaning they will not rely on government assistance for financial support. By signing the Affidavit, the financial sponsor agrees to support the immigrant financially if necessary, ensuring that the immigrant’s basic needs, such as food, housing, and healthcare, are met.
Form I-864 Processing Time
The current processing time for Form I-864 is around 9.3 months, though it can vary depending on the specific situation. Since Form I-864 is part of the family-based green card application, its processing time is typically aligned with the overall processing time for the green card application.
Income Requirements for Financial Sponsors
- To be eligible as a financial sponsor, the individual must:
- Be a U.S. citizen or green card holder.
- Be at least 18 years old.
- Reside in the United States.
Additionally, the sponsor’s income must be at least 125% of the Federal Poverty Guidelines. The required income level increases with the size of the sponsor’s household. The sponsor can use assets, such as cash, property, or investments, to meet the income requirement if their income alone is insufficient.
If the primary sponsor’s income does not meet the required level, a household member or even a non-family member can help meet the income or asset requirements. The spouse seeking the green card, referred to as the “beneficiary,” may also use their income to meet the financial requirements if this income will continue after they obtain their green card.
Financial Obligations Under the Affidavit of Support
The Affidavit of Support is a contract between the financial sponsor and the U.S. government. It obligates the sponsor to repay certain public benefits like (Supplemental Security Income or Temporary Assistance for Needy Families) if the sponsored immigrant uses them after obtaining a green card.
- The sponsor's financial obligations under the Affidavit of Support end only when one of the following occurs:
- Either the sponsor or the sponsored immigrant passes away.
- The sponsored immigrant becomes a U.S. citizen.
- The sponsored immigrant works in the U.S. for 40 quarters (approximately 10 years).
- The sponsored immigrant permanently moves out of the U.S.
If the sponsor has signed an Affidavit of Support for other immigrants in the past, those sponsorship obligations continue unless one of the events mentioned above has occurred.
By signing the Affidavit of Support, the sponsor plays a crucial role in the green card application process, helping ensure that the immigrant can support themselves and will not become a public charge.
Form I-864 FAQs
If you received Form I-864 through the National Visa Center (NVC), you can submit it online through the Consular Electronic Application Center (CEAC).
If you are filing Form I-864 directly with USCIS, for example you are filing it along with Form I-130 (Petition for Alien Relative) or Form I-129F, (Petition for Alien Fiancé(e)), you can send it to the USCIS Chicago lockbox.
To qualify as a financial sponsor who can file Form I-864 and promise support for someone who is applying for a green card, you must be a U.S. citizen or permanent resident who lives, or is domiciled, in the U.S..
As an affidavit of support, Form I-864 does not expire, unless the person who is being sponsored becomes a U.S. citizen, has worked 40 quarters of work in the U.S. (usually 10 years), or leaves the U.S..
When filing Form I-864, it’s important to make sure you fill out the correct form.
If you are filing Form I-130 (Petition for Alien Relative) for multiple relatives, or Form I-140 (Petition for Immigrant Worker) for an employment-based green card, then you will need to use Form I-864.
If you are filing Form I-130 for only one person, such as your spouse or one of your relatives, and you will not need a joint sponsor, then you may be able to use Form I-864EZ instead of Form I-864.
If you need to include the income of one of your household members to meet the requirements for financial support, then you may need to file Form I-864A (Contract Between Sponsor and Household Member) together with Form I-864.
If you are filing as a joint sponsor, then you will need a separate Form I-864 for each sponsor.
If you believe you do not need to file Form I-864, for example, if the person you are petitioning for has already worked 40 quarters (roughly 10 years) in the U.S., then you may be able to file I-864W (Request for Exemption for Intending Immigrant’s Affidavit of Support).
You will also need to make sure you have filed the latest version of the form, available through USCIS.
Form I-864 should be completed when the person who is applying for their green card has either been scheduled for an immigrant visa interview at a consular office outside the U.S., or is inside the U.S. already and they are ready to submit Form I-485 (Adjustment of Status).
If you have petitioned for your spouse to enter on a K3 visa, or your fiancé(e) to enter on a K-1 visa, then you should file an affidavit of support once they adjust their status to permanent resident after arriving in the U.S..
The income requirement to qualify as a green card sponsor will vary depending on how many children and other relatives live with you, which state you live in, and whether or not you are on active military duty for the U.S..