Affidavit of Support (Form I-864)

An Affidavit of Support (Form I-864) is a legally binding contract that a sponsor signs to agree to financially support an intending immigrant so that the immigrant will not become primarily dependent on the U.S. government for financial support.

Form I-864 plays a central role in certain immigration applications by addressing the public charge requirement under U.S. immigration law. Its primary purpose is to demonstrate that the intending immigrant is unlikely to become primarily dependent on government assistance. By submitting Form I-864, the sponsor accepts a legally enforceable obligation to maintain the immigrant at or above the required income level.

Once the immigrant becomes a lawful permanent resident, the sponsor generally remains financially responsible until the immigrant:

• Becomes a U.S. citizen;
• Has worked 40 qualifying quarters (typically 10 years); or
• Loses permanent resident status and permanently departs the United States.

An Affidavit of Support is enforceable by:

• The sponsored immigrant;
• The U.S. government; and
• Any government agency that provided certain means-tested public benefits to the immigrant.

Who Must Submit an Affidavit of Support?

A properly completed Form I-864 is generally required for most family-based immigrant visa cases or adjustment of status applications, including:

• Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of U.S. citizens);
• Family preference immigrants (such as married sons or daughters and siblings of U.S. citizens); and
• Certain employment-based immigrants, only when a relative filed the immigrant petition or when a relative has a significant ownership interest in the petitioning entity.

However, certain categories of applicants are statutorily exempt from the Affidavit of Support requirement under INA §213A. These include, among others, asylees, refugees, VAWA self-petitioners, Special Immigrant Juveniles, and certain employment-based applicants who meet specific statutory work history requirements.

Where required by law, a properly executed Affidavit of Support is not discretionary. If the affidavit is missing or deficient, USCIS will generally issue a Request for Evidence (RFE) or deny the application.

Who Can Be a Sponsor?

To submit Form I-864, a sponsor must:

• Be at least 18 years old;
• Be a U.S. citizen, U.S. national, or lawful permanent resident;
• Be domiciled in the United States (meaning the U.S. is the sponsor’s principal residence); and
• Have a household income that meets or exceeds 125% of the Federal Poverty Guidelines for the applicable household size.

For sponsors on active duty in the U.S. Armed Forces who are sponsoring a spouse or child, the required income level is 100% of the Federal Poverty Guidelines.

The sponsor’s household size typically includes the sponsor, the sponsor’s dependents, any individuals previously sponsored on Form I-864, and the intending immigrant(s).

If the sponsor’s income does not meet the minimum requirement, the sponsor may be able to rely on:

• The value of qualifying assets to cover the income shortfall; or
• A joint sponsor or qualifying household member, with the household member executing Form I-864A, if applicable.

Note: In family-based cases, the petitioning relative is required by law to act as the primary sponsor and must submit Form I-864 regardless of income level. If the petitioner’s income is insufficient, a joint sponsor or qualifying household member may be added.

How to File

Form I-864 and all required supporting financial documentation must be prepared and submitted in accordance with the form instructions and applicable USCIS guidance. The affidavit is typically filed:

• Together with the immigrant’s adjustment of status application, if the applicant is in the United States; or
• With the National Visa Center as part of immigrant visa processing, if the applicant is outside the United States.

How Can We Help?

Affidavit of Support requirements are strictly applied and highly fact-specific. Errors or omissions may result in requests for evidence, processing delays, or denial of the underlying application.

At the Law Offices of Metin Serbest, we provide focused legal assistance by:

• Assessing whether Form I-864 is required or whether the applicant qualifies for a statutory exemption;
• Identifying the appropriate sponsor, joint sponsor, or household member, where applicable;
• Preparing and reviewing Forms I-864, I-864A, or I-864W in compliance with USCIS regulations;
• Evaluating income, assets, and household size under the applicable Federal Poverty Guidelines; and
• Reviewing supporting documentation for compliance with USCIS evidentiary standards.

Each matter is evaluated individually, with careful attention to statutory requirements, USCIS policy, and the specific facts of the case.

Schedule a Consultation

Contact the Law Offices of Metin Serbest to obtain legal guidance regarding Affidavit of Support requirements, potential exemptions, and proper preparation of the supporting documentation for your immigration application.