What is an Affidavit of Support?
If you petition the U.S. government for a member of your family to get their green card, doing so comes with the expectation that you will become their sponsor. A sponsor means you will be responsible for maintaining the financial wellbeing of your relative. To take on this responsibility, you will be required to file an Affidavit of Support form with U.S. Citizenship and Immigration Services (USCIS). Let’s discuss this document in detail, including exactly what it is and why you’ll need to file it.
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What is Affidavit of Support, and Why Do You Need to File One?
In essence, an Affidavit of Support, which is USCIS Form I-864, is a contract you sign indicating that you will provide financial support for the relative for whom you’re petitioning for a green card. Once your family member is granted permanent residency, you become their financial sponsor. The primary purpose of this sponsorship is to prevent your relative from becoming a public charge.
Filing this form shows the U.S. government that your relative will have the financial backing they need as they establish themselves in the country. It acts as a legally binding promise that, if necessary, you will step in to help cover their basic living expenses such as housing, food, and medical care. This requirement helps ensure that new immigrants do not immediately rely on public benefits once they arrive in the United States.
What is a Public Charge?
A public charge is a person who must rely on the United States government for financial support. As a public charge, an individual may need to make use of certain federal public benefits to help sustain themselves. These benefits may include Supplemental Security Income (SSI), food stamps, Temporary Assistance for Needy Families (TANF), Medicaid, and the Child Health Insurance Program (CHIP).
What if Your Sponsored Relative Uses Public Benefits?
If the family member you sponsor makes use of public benefits, you—as their sponsor—are responsible for paying back the U.S. government.
Who May Become a Sponsor?
To become a sponsor, you must be a U.S. citizen or a permanent resident who is at least 18 years old, and you must live in the United States or in a territory of the U.S. You also need to meet a certain income requirement.
The Income Requirement for Sponsorship
To qualify to sponsor a relative for a green card you need to fulfil certain requirements regarding your household income, which include:
- Earning a household income that is equal to or greater than 125 percent of the U.S. poverty level, as it relates to your household size and your state of residence
- A household income that’s equal to or greater than 100 percent of the U.S. poverty level, as it pertains to your household size and your state of residence, if you are on active duty in the U.S. Armed Forces, and your relative is your marital partner or child
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Options if You Have Difficulty Meeting the Income Requirement for Sponsorship
If you’re unable to satisfy the income requirement for sponsorship based on your own household income as it currently is, you have options. You may include the cash value of your assets, the income and assets of individuals in your household, and/or enlist the help of a joint sponsor. Let’s discuss each of these three options.
Adding in the Cash Value of Your Assets
If your household income falls short of the requirement thresholds, you may factor in the cash value of your assets. This means any funds you have in savings accounts, your investments in stocks and bonds, as well as any property you own.
In most cases, the total cash value of the assets you consider must be five times greater than the difference between your household income and the income requirement of 125 percent of the U.S. poverty level for your household size. To calculate this, subtract your total household income from the income requirement. Your assets should be worth five times that difference.
If you’re a U.S. citizen and the person you’re sponsoring is your spouse, or your son or daughter who is 18 years old or more, the minimum value of your assets must only be three times the difference between your household income and 125 percent of the federal poverty level for your household. This difference makes it easier to qualify with assets for an affidavit of support for marriage compared to other relatives.
Also, if the person you’re sponsoring is an orphan who is traveling to the U.S. to be adopted, as an adoptive parent your assets only need to equal or exceed the difference between your household income and 125 percent of the federal poverty level for the size of your family.
Adding in the Income and Assets of Individuals in Your Household
You can figure-in the income and assets of individuals in your household if:
- They’re related to you by marriage, birth, or adoption
- They were listed as a dependent on your most recent federal tax return; or
- They have lived with you for the past six months
These individuals will need to complete Form I-864A, Contract Between Sponsor and Household Member.
If the family member you’re sponsoring meets the conditions noted above, you can count in their income and assets, too. But they won’t need to fill out Form I-864A, unless they have their own family members accompanying them.
Getting a Joint Sponsor
A joint sponsor is someone who plans to assist you with the monetary support of the intending immigrant. This sponsor has to be able to satisfy the 125 percent income threshold alone, and not in combination with your income. To prove their commitment, they’ll need to fill out an affidavit of support.
Documents Required for the Affidavit of Support Form
When completing the affidavit of support form, you will need to provide documents that prove both your identity and your ability to meet the financial requirements. These supporting records help USCIS confirm that you qualify as a sponsor. Commonly required documents include:
- Proof of U.S. citizenship or lawful permanent residence – such as a copy of your U.S. birth certificate, valid U.S. passport, naturalization certificate, certificate of citizenship, or green card.
- Proof of income – your most recent federal tax return (Form 1040), W-2s, 1099s, or transcripts issued by the IRS.
- Recent employment records – such as six months of pay stubs or an employment verification letter showing your current position, salary, and length of employment.
- Proof of assets (if applicable) – documents for bank accounts, real estate, stocks, or bonds, if you are using assets to meet the financial requirement.
- Form I-864A (if needed) – required if a household member’s income or assets are being included in the affidavit of support.
USCIS may also request additional evidence depending on your individual situation. Submitting complete and accurate documents helps avoid delays in processing and reduces the chance of receiving a request for evidence (RFE).
Sample Affidavit of Support Example with Supporting Evidence
Here’s a simple example of what an affidavit of support might look like in practice:
A U.S. citizen sponsors her husband for a green card. On the Affidavit of Support Form I-864, she lists her household members, reports her income from her tax return, and attaches proof of employment. To back this up, she provides:
- Copy of her U.S. passport
- Recent tax return and W-2
- Six months of pay stubs
- Employer verification letter
- Bank statements (optional, for extra support)
The affidavit of support form must always be paired with documents that confirm both identity and financial ability.
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Affidavit of Support Responsibilities After Your Relative Becomes a U.S. Citizen
Your financial responsibility under an affidavit of support does not last forever. Once your relative becomes a U.S. citizen, your obligation as their sponsor officially ends. At that point, your family member has full legal status in the United States and no longer needs financial sponsorship.
Until the naturalization process is complete, however, you are still responsible for supporting your relative if needed—even if they are working or appear financially independent. After citizenship is granted, you are fully released from all duties under the affidavit of support.
For many sponsors, this marks an important milestone, as it closes the sponsorship commitment and shows that their loved one has fully established themselves as a permanent member of U.S. society.
Five Fast Facts
- The higher the number of family members who live in a sponsor’s household, the higher the income required to satisfy federal poverty guidelines.
- An affidavit of support should be completed and provided to an intending immigrant when they are ready to file Form I-485, Application to Register Permanent Residence or Adjust Status, in the United States, or when they are scheduled for a visa interview at a United States consulate abroad.
- A sponsor is responsible for the financial wellbeing of their immigrant family member until the relative becomes a U.S. citizen, works for 40 quarters in the U.S., ceases to be a permanent resident and leaves the U.S., or becomes deceased.
- Divorce does not end a sponsor’s financial obligation.
- Individuals who do not require an affidavit of support include orphans who are formally adopted abroad by U.S. citizens, individuals who have worked for 40 quarters in the United States—or can be credited with it, and people who have attained an approved Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) as abused spouses, self-petitioning widows, widowers, or children.
Do You Need Help Submitting an Affidavit of Support Form for a Green Card?
If you’re sponsoring a relative for a green card, you’ll need to complete an Affidavit of Support form. Submitting it fully and correctly is essential to the success of your case, and we can help! Call our office and schedule a consultation. Our team is here to answer your questions and provide the legal guidance you need.