I-864 Affidavit of Support: What Sponsors Need to Know

When sponsoring a family member for a green card, one of the most important steps is submitting Form I-864, Affidavit of Support. This form is a legal contract between the sponsor and the U.S. government, confirming that the intending immigrant will have adequate financial support and will not rely on certain public benefits after obtaining permanent residency.

What Is Form I-864?

Form I-864 is required in most family-based immigration cases. By signing it, the sponsor agrees to provide financial support to the immigrant and accepts legal liability if the immigrant uses means-tested public benefits.

Even if the immigrant doesn’t currently earn income, the I-864 assures the government that someone—usually the U.S. petitioner—has the financial means to support them.

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Five Ways to Meet the Financial Support Requirement

There are several ways to satisfy the financial obligation under Form I-864:

1. Sponsor’s Own Income

This is the most common method. Sponsors must show that their household income is at least 125% of the Federal Poverty Guidelines for their household size.

2. Joint Sponsor

If the main sponsor does not meet the income threshold, a joint sponsor can help. They must meet the income requirement on their own and are equally liable for financially supporting the immigrant.

3. Sponsor’s Assets

If income is insufficient, liquid assets (such as savings or real estate) may be counted to cover the shortfall. Typically, assets must be worth at least five times the amount of the income gap.

4. Immigrant’s Assets

The intending immigrant’s own assets—such as bank accounts or property—may also be used. Clear documentation of ownership and access to those assets is required.

5. Immigrant’s Income in the U.S.

If the immigrant is already in the U.S. and working legally (e.g., on an H-1B or L-1 visa), their income may also count toward meeting the financial requirement.

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Key Reminders for Sponsors

• An immigrant’s income and assets can count—especially helpful for those already working in the U.S. or with significant savings.

• Joint sponsors are fully liable. If the immigrant receives public benefits, the government can legally pursue reimbursement from any person who signed Form I-864.

• Sponsorship is a binding legal obligation. It lasts until the immigrant becomes a U.S. citizen, works 40 quarters (approximately 10 years), leaves the U.S. permanently, or passes away. This is a long-term commitment and should be carefully considered.

How We Can Help

Our firm regularly advises clients on how to properly complete Form I-864 and avoid delays or denials caused by incomplete or inconsistent financial evidence. We can help:

• Determine if you meet the financial requirement

• Identify whether a joint sponsor or asset-based strategy is needed

• Advise on using the immigrant’s income (when applicable)

• Explain the sponsor’s legal obligations and long-term risks

If you’re preparing to sponsor a family member for a green card, contact our office today to schedule a consultation. We’ll help ensure your Affidavit of Support is accurate, compliant, and strong.