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The Affidavit of Support is one of the most important requirements in the green card application process. When a sponsor signs this document, they promise the U.S. government that they will financially support the immigrant they are sponsoring if the immigrant cannot support themselves.
The official Affidavit of Support form is Form I-864, created under Section 213A of the Immigration and Nationality Act. When you sign the Affidavit of Support form, you legally become the sponsor responsible for supporting the immigrant.
At Din Law Group, preparing the Affidavit of Support form correctly is a central part of helping families complete the green card process. Many immigration cases experience delays, requests for additional evidence, or even denials because the Affidavit of Support is incomplete or improperly prepared.
In most situations, these problems can be avoided with careful preparation and proper legal guidance.
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If you are asking what is Affidavit of Support, it is a legally enforceable contract between the sponsor and the U.S. government. By signing it, the sponsor agrees to financially support the immigrant, if necessary.
“If this immigrant cannot support themselves, I will.”
The purpose of the Affidavit of Support is to show the government that the immigrant will not rely on certain public benefits. The sponsor must prove they have enough income or assets to provide financial support if needed.
When you sign Form I-864, you agree to:
If the immigrant receives certain means-tested public benefits, the government may require the sponsor to repay those benefits. In some cases, government agencies may take legal action against the sponsor to recover the funds. Because of these obligations, no one should sign an Affidavit of Support without fully understanding the responsibilities involved.
Most family-based immigration cases require an Affidavit of Support. If you petition for a spouse, parent, child, or sibling to receive a green card, you will almost always need to submit the Affidavit of Support form.
Some employment-based immigrants must also submit an Affidavit of Support if a relative owns or has a financial interest in the company sponsoring the immigrant worker.
The legal responsibility for this support usually lasts until:
Sponsors should also understand that if the immigrant is their spouse, a future divorce or legal separation does not end the financial obligations created by the Affidavit of Support.
A person who signs an Affidavit of Support must meet specific eligibility requirements under immigration law. They must be:
Sponsors must also meet minimum income requirements under federal poverty guidelines. If the sponsor’s income does not meet the required level, a joint sponsor may submit a separate Affidavit of Support form to help support the immigrant.
The timing for submitting the Affidavit of Support form depends on where the immigrant is applying for their green card. The form is typically prepared and submitted when:
If the National Visa Center instructs you to submit the Affidavit of Support form and documents through its system, those instructions must be followed carefully.
Anyone preparing the Affidavit of Support form must meet specific financial requirements and provide supporting affidavit of support necessary docuemnts showing their ability to support the immigrant.
In most cases, a sponsor must show income equal to at least 125% of the federal poverty guidelines in order to qualify under the Affidavit of Support requirements.
If the sponsor is on active duty in the military and sponsoring a spouse or child, then the requirement is 100% instead of 125%.
The income requirement depends on the sponsor’s household size. Household size includes more than just the sponsor and the immigrant.
It includes you as the sponsor, your spouse, any dependent children, anyone you have already sponsored before under another Affidavit of Support, and the immigrant you are sponsoring now.
All of these individuals are counted when immigration authorities calculate the income requirement for the Affidavit of Support.
If the sponsor’s income alone is not enough, certain financial assets may be used to meet the requirement. These assets must be documented and verifiable, such as savings accounts, property equity, or investment funds.
If property is used as an asset, any loans or liens must also be disclosed because immigration officers consider the actual net value after debts are subtracted.
If income and assets together still do not meet the required amount, a qualified joint sponsor may file a separate Affidavit of Support form.
That person must be a U.S. citizen or lawful permanent resident, and they have to qualify on their own financially.
Immigration will look at their income separately and make sure they meet the required amount without combining it with yours.
Sponsors must submit financial evidence proving they have the ability to support the immigrant listed in the Affidavit of Support.
Here are the core affidavit of support necessary documents:
If the sponsor did not file taxes, additional documentation must be included, such as:
Missing documents can lead to delays, requests for evidence, or denial of the immigration application by USCIS or the U.S. consulate.
All Affidavit of Support necessary documents should also be organized clearly and submitted in the proper order so immigration officers can review them efficiently.
If you are preparing a green card application and need help completing the Affidavit of Support form, Din Law Group can assist you through every step of the process.
Our firm works with sponsors, families, and immigrants to prepare the Affidavit of Support carefully so the application is complete and properly supported.
Din Law Group works with sponsors and families across the United States to:
Preparing the Affidavit of Support correctly helps prevent delays and keeps your immigration case moving forward.
Contact Din Law Group today to schedule a free consultation and ensure your Affidavit of Support is completed accurately.
Call Din Law 214-238-4130