Overview of Affidavit of Support for Family-Based Green Card Cases

Most family-based immigrant visa cases require the petitioner to serve also as a financial sponsor for the intending immigrant. To qualify as a sponsor, a petitioner must complete an affidavit of support (form I-864) demonstrating that the sponsor has sufficient means to ensure that the beneficiary family member will not become a public charge, in need of government support. An overview of a sponsor’s eligibility requirements and obligations is provided here for the benefit of MurthyDotCom readers.

Cases Requiring an I-864

The I-864 form is required, with limited exceptions, in family-based immigration cases. It also is required in some employment-based cases where the petitioner is a relative or an entity in which a relative has an ownership interest of five percent or more. An I-864 is required both when a beneficiary applies for lawful permanent resident status (commonly, a green card) through adjustment of status in the United States or by obtaining an immigrant visa at a U.S. consulate abroad.

Responsibility of a Sponsor

The purpose of the I-864 is to protect U.S. taxpayers financially. The sponsor must establish the presence of sufficient means to ensure that the beneficiary family member will not become a public charge, in need of government support. Specifically, a sponsor must ensure that the beneficiary will maintain a household income of 125 percent of the federal poverty guideline applicable to the beneficiary’s household size. By signing the I-864, the petitioner also contracts to be financially liable to the beneficiary if sufficient support is not provided and to the government if the sponsored family member collects certain types of means-tested public benefits (e.g., food stamps).

General Eligibility Criteria for a Sponsor

In addition to the income requirements described below, a qualifying sponsor must be either a U.S. citizen or lawful permanent resident and at least 18 years old. The sponsor also must have a U.S. domicile, as explained in the MurthyDotCom InfoArticle, U.S. Domicile Requirement for Family-Based Green Card Sponsorship (27.Nov.2023).

Required Income Threshold for the Sponsor

An individual who wishes to sponsor a family member for permanent residence must demonstrate income equal to or above 125 percent of the applicable federal poverty guideline level. The exact income required on the I-864 varies based on the number of sponsored family members, the number of other dependents, and ongoing obligations under any previously filed I-864s. The poverty guidelines are modified annually, based on the Consumer Price Index for All Urban Consumers (CPI-U).

Options if Sponsoring Relative Cannot Meet the Income Requirement

If the sponsor does not have a sufficient annual income, there are alternatives for meeting the I-864 requirements. For example, when sponsoring one’s spouse or parent, it may be possible to include the income of the sponsored family member to evidence that the income criteria has been met, assuming this income will continue after the beneficiary becomes a permanent resident. Another common option is using one or two joint financial sponsors who are U.S. citizens or lawful permanent residents and have sufficient income levels. It also is potentially possible to rely upon certain assets in lieu of income, as explained in the MurthyDotCom InfoArticle, Using Assets for a Form I-864 Affidavit of Support (11.Dec.2023)

Termination of a Sponsor’s Financial Obligation

Certain events terminate a sponsor’s financial commitment and obligation to the beneficiary. Such events include, when the beneficiary becomes a U.S. citizen, has earned 40 credits (typically 10 years) of coverage under the Social Security Act, permanently leaves the U.S., obtains a new sponsor during removal proceedings, or dies. A sponsor’s obligations typically cannot be terminated by way of divorce, pre- or post-marital agreements, or bankruptcy. If the sponsor dies, the obligation of future support is not assigned to the sponsor’s estate.

Exemptions to the Affidavit of Support Requirement

A green card applicant may be exempt from a financial sponsor if certain criteria are met or if the applicant is in a specific eligibility category. An individual who has earned or can be credited with 40 quarters of employment in the U.S., and therefore has earned 40 credits of coverage under the Social Security Act, is not required to have a financial sponsor. An exemption is also available for a child of a U.S. citizen eligible for derivative citizenship upon admission to the U.S.; an Amerasian, widow/er, or special immigrant; and a self-petitioned battered spouse or child.

Conclusion

While a petitioner may easily qualify as a sponsor, the matter is not always straightforward. If a petitioner does not cleanly meet the eligibility criteria, there often are a variety of alternatives and solutions available to meet the I-864 requirements. The Murthy Law Firm can advise on questions regarding this important aspect of the green card process, and any individual who is facing uncertainties is encouraged to schedule a consultation with an experienced immigration attorney.

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