Have you been told you need to complete an Affidavit of Support? Have you been asked by a friend or family member to be a joint sponsor? Completing the Affidavit of Support can be intimidating. So can deciding whether to help a friend or family member by being a joint sponsor. As a family-based immigrant visa petitioner, you may be asking yourself “Do you earn enough money to support your loved one?”, “What is your household size?”, “Do I need a joint sponsor?” and “Can a family member or friend help me meet the affidavit of support requirements?” As a potential joint sponsor, you may be concerned about your legal obligations if you sign an Affidavit of Support. 

Our goal is to provide information to dispel some of the myths and confusion surrounding the Affidavit of Support. In this guide, we will go over:

• What exactly is an Affidavit of Support?
• What are the financial obligations?
• When do your financial obligations begin?
• What exactly are means-tested benefits?
• What are the requirements to be a sponsor?
• How do you calculate your household size?
• What types of income and/or assets can you use to meet the financial requirements?
• What documentation do you need to submit with the Affidavit of Support?

• What exactly is an Affidavit of Support?

Most family-based immigrants and some employment-based immigrants have to show they will have an adequate means of financial support if allowed to immigrate to the United States. The “Affidavit of Support” (i.e. I-864, I-864EZ, or I-864A) is used by an intending immigrant to help convince the United States Government that he/she is not likely to need public assistance (i.e. “welfare”) after becoming a lawful permanent resident (i.e. green card holder). With limited exceptions, the immigrant visa petitioner (i.e. person who filed the Form I-130) must complete an Affidavit of Support; however, if the petitioner does not have sufficient income and/or assets to meet the financial requirements, a joint sponsor may also submit a Form I-864 on the immigrant’s behalf. 

• What are the financial obligations?

An Affidavit of Support is a legally enforceable contract where you as the “sponsor” or “joint sponsor” accept financial responsibility for the immigrant. Your financial obligations under the Affidavit of Support only end when:

• The sponsored immigrant dies;
• The sponsored immigrant becomes a United States citizen; 
• The sponsored immigrant has worked, or can receive credit for, for 40 quarters (usually 10 years) in the United States;
• The sponsored immigrant is no longer a lawful permanent resident and has moved permanently left the United States; or
• The sponsored immigrant was placed in removal proceedings and applies for a new grant of adjustment of status based upon a new Affidavit of Support.

Your death would also end your financial obligations. However, if you owed any support to the sponsored immigrant before your death, your estate may be required to meet those obligations.

It is important to note that neither divorce or annulment end your financial obligation  for the immigrant under the Affidavit of Support. 

If the sponsored immigrant receives certain federal, state, or local means-tested public benefits, you can be required to reimburse the agency that provided these benefits. In addition, you can also be sued by the lawful permanent resident (i.e. green card holder) to bring his/her income up to125% of the poverty guidelines threshold. You are not financially responsible for the sponsored immigrant’s tax and other private debts including credit card, medical, student loan, or mortgage debt. 

• When do your financial obligations begin?

Your financial obligations begin only upon the sponsored immigrant becoming a lawful permanent resident (i.e. when the sponsored immigrant gets his/her green card or has entered the United States with his/her immigrant visa).

• What exactly are means-tested benefits?

“Means-tested” benefits are those benefits only available to low-income individuals or families. The types of benefits that are considered to be “means-tested” include:

• Non-emergency Medicaid;
• Children’s Health Insurance Program (i.e. CHIP);
• Supplemental Nutrition Assistance Program (i.e. SNAP or “food stamps”);
• Supplemental Security Income (i.e. SSI); and
• Temporary Assistance for Needy Families (i.e. TANF or “welfare”).

• What are the requirements to be a sponsor?

Not everyone can be a financial sponsor. There are very specific requirements that you must meet regardless of whether you are the immigrant visa petitioner or a joint sponsor. To be a financial sponsor, you must meet the following criteria:

• You must be a United States citizen or lawful permanent resident (i.e. an LPR or green card holder).
• You must be at least 18 years old and live in the United States.
• You must have an annual income that is at least 125% of the Federal Poverty Guidelines based upon your household size. You can find the financial requirements on Form I-864P. The more people who are part of your household, the higher your income will need to be to meet the financial requirements. If your income is not sufficient, you may use assets to meet the Affidavit of Support requirements. 
• A household member or non-family member can help you meet the financial requirements using their income or assets. 
• The intending immigrant can also use his/her own income to help you meet the Affidavit of Support requirements, but only if his/her income will continue from the same source after he/she becomes a lawful permanent resident (i.e. he/she gets her green card)

• How do you calculate your household size?

The amount of income and/or assets needed to sponsor an immigrant depend upon your household size. However, calculating your household size is not always as straightforward as counting who lives in your home. When calculating your household size, you must count the following people as part of your household:

• Yourself;
• Your spouse;
• Any unmarried children under the age 21;
• Anyone else you include as a dependent on your income tax return;
• Anyone family members immigrating with the principal immigrant; and
• Anyone else you have sponsored on a separate Affidavit of Support who has since become a lawful permanent resident (i.e. green card holder).

• What types of income and/or assets can you use to meet the financial requirements?

You can include your wages and salaries, retirement benefits, alimony, child support, dividends or interest earned, and/or income from other legal sources when calculating your annual income. You can also include income earned by your spouse, adult son or daughter, parent, or sibling living in your household. However, you can only include their income if they are willing to make their own income available to help support the sponsored immigrant. Your household member will need to complete a Form I-864A, Contract Between Sponsor and Household Member. You can also use the income of a “co-sponsor” or “joint sponsor”. The joint sponsor must be willing to accept full financial responsibility for the sponsored immigrant. Your joint sponsor must submit his/her own Affidavit of Support. There is no requirement that the joint sponsor be a family member. He/she simply needs to meet the criteria as set forth above. 

You or your joint sponsor can also rely on assets to meet the Affidavit of Support requirements. The common types of assets that can be used to meet the financial requirements include:

• • Cash (i.e. cash in a savings account, checking account, or Certificate of Deposit);
  • Mutual funds;
  • Stocks and bonds;
  • Pension; or
  • Your equity in real property.

You can also rely on the sponsored immigrant’s assets whether in the United States or overseas. Assets located outside the United States can only be relied upon if they are convertible to cash within 1-year and can be moved to the United States.

It is important to understand that if you rely on assets to meet the Affidavit of Support requirements, you will have to do some math. This is because the total value of assets must be at least 5 times (or at least 3 times if the sponsored immigrant is married to a United States citizen) the difference between the sponsor’s income and the applicable Federal Poverty Guidelines. For example, if your income is $3,000 short of the Federal Poverty Guidelines for your household size, you must show assets valued at at least $15,000 (or at least $9,000 if the sponsored immigrant is married to a United States citizen).

• What documentation do you need to submit with the Affidavit of Support?

Regardless of whether you are primary or a joint sponsor, you must submit the following documents in support of your Affidavit of Support:

• A copy of your birth certificate, the biographic page from your U.S. passport, or certificate of naturalization or citizenship;

OR

• A copy of your permanent resident card (i.e. your green card); 

AND

• A copy of your most recent income tax return or IRS transcript including any W-2s or 1099s;
• Proof of current income or assets; and 
• If required, a Form I-864A completed by any household member whose income and/or assets you are relying on to meet the Affidavit of Support requirements.

Do you still have questions about the Affidavit of Support? Our team of experienced immigration attorneys is happy to answer your questions.