The Affidavit of Support (Form I-864) is a legally binding document that a sponsor submits to the U.S. government to demonstrate that they have sufficient financial resources to support an immigrant seeking lawful permanent resident (green card) status. The purpose of the affidavit is to ensure that the immigrant will not become a public charge, meaning they will not rely on government-funded benefits.

Key Points About the Affidavit of Support

  1. Who Needs It?
    • It is required for most family-based immigrants and some employment-based immigrants whose petition is filed by a relative or has a relative with a significant ownership interest in the employer.
    • The sponsor must prove they have the financial means to support the immigrant at a level of at least 125% of the Federal Poverty Guidelines (100% for active-duty military members sponsoring their spouse or child).
  2. Who Can Be a Sponsor?
    • The sponsor must:
      • Be a U.S. citizen, lawful permanent resident, or a U.S. national.
      • Be at least 18 years old.
      • Reside in the U.S. or a U.S. territory.
    • Joint sponsors can be used if the primary sponsor does not meet the financial requirements.
  3. Financial Obligations
    • The sponsor agrees to provide financial support to the immigrant if needed.
    • This responsibility lasts until the immigrant:
      • Becomes a U.S. citizen.
      • Has worked 40 qualifying quarters (approximately 10 years) in the U.S.
      • Leaves the U.S. permanently.
      • Dies.
    • The sponsor may be required to repay the government for certain public benefits the immigrant receives.
  4. Required Documents
    • Proof of income, such as tax returns (typically the most recent year’s IRS Form 1040 and W-2s).
    • Evidence of assets if income is insufficient.
    • Proof of relationship with the immigrant (if applicable).
  5. Supporting Forms
    • Form I-864EZ: A simplified version of the affidavit for sponsors of a single immigrant based on a single tax return.
    • Form I-864A: Used when a household member’s income is combined with the sponsor’s income to meet financial requirements.
  6. Exemptions Some immigrants are exempt from filing Form I-864, such as:
    • Refugees and asylees.
    • Certain self-petitioners under the Violence Against Women Act (VAWA).
    • Diversity Visa immigrants.
  7. Enforcement
    • If the sponsor fails to fulfill their obligations and the immigrant uses public benefits, the government or the benefit-granting agency may seek reimbursement from the sponsor.

Conclusion

The Affidavit of Support is a critical document for most family-based immigration processes. It underscores the sponsor’s commitment to financially support the immigrant and protect the U.S. government from incurring additional financial burdens. Sponsors should carefully consider their financial responsibilities before submitting this form, as it carries significant long-term obligations.