Who Must Submit the Affidavit of Support?

The primary sponsor, usually the petitioner who filed Form I-130 (Petition for Alien Relative), must submit Form I-864. In some cases, a joint sponsor or substitute sponsor may be required.

Sponsor Requirements

To qualify as a sponsor, an individual must:

1. Be a U.S. Citizen or Lawful Permanent Resident
2. Be at Least 18 Years Old
3. Reside in the United States
4. Meet the Income Requirements: The sponsor’s household income must be at least 125% of the Federal Poverty Guidelines. For active duty military members sponsoring a spouse or child, the threshold is 100%.

The poverty guidelines are updated annually, and the required income level depends on the sponsor’s household size, including:

• The sponsor.
• Their dependents.
• The intending immigrant.
• Any other immigrants previously sponsored.

How to Calculate Household Size and Income

Accurately calculating household size and income is crucial for meeting the financial requirements. Household size includes:

• The sponsor.
• Their spouse and dependent children.
• Any other relatives living in the same household who are claimed as dependents on the sponsor’s tax return.
• The intending immigrant.
• Any other immigrants the sponsor has previously sponsored and is still financially responsible for.

Income Sources:

The sponsor can include income from the following sources:

1. Employment Income
2. Self-Employment Income
3. Other Household Members: If other household members are willing to contribute to the support, their income can be included by filing Form I-864A, Contract Between Sponsor and Household Member.
4. Assets: If the sponsor’s income is below the required level, they may use significant assets to make up the difference. Acceptable assets include savings accounts, stocks, bonds, and real estate.

Types of Affidavits of Support

There are several types of affidavits of support, each serving a specific purpose:

1. Form I-864: Standard Affidavit of Support used in most family-based immigration cases.
2. Form I-864EZ: Simplified version of Form I-864, available for sponsors who meet specific criteria, such as filing for only one intending immigrant and using only their own income.
3. Form I-864A: Contract Between Sponsor and Household Member, used when additional household members’ income is included.
4. Form I-864W: Request for Exemption from Intending Immigrant’s Affidavit of Support, used when the intending immigrant qualifies for an exemption (e.g., they have earned 40 qualifying quarters of work in the U.S.).

Common Mistakes to Avoid

Filing the affidavit of support incorrectly or incompletely can lead to delays or denials. Here are some common mistakes to avoid:

1. Miscalculating Income or Household Size

Sponsors often miscalculate their household size or fail to include all required members, leading to incorrect income thresholds.

Tip: Use the most recent poverty guidelines and double-check household size calculations.

2. Failing to Provide Proof of Income

USCIS requires sponsors to submit proof of income, such as:

• Federal tax returns (Form 1040) for the most recent year.
• W-2 forms.
• Pay stubs.

Tip: If the sponsor’s income has changed significantly since the last tax filing, include a letter explaining the change along with recent pay stubs.

3. Not Including All Required Signatures

Every form submitted must be signed by the appropriate parties. Missing signatures can result in a rejection.



Tip: Ensure that both the sponsor and any household members contributing income sign the necessary forms.

What Happens After Filing the Affidavit of Support?

Once the affidavit of support is submitted, USCIS or the National Visa Center (NVC) will review it to ensure that the sponsor meets the financial requirements. If everything is in order, the case will proceed to the next step, which could be consular processing or adjustment of status.

If the sponsor does not meet the income requirements, USCIS may request additional evidence or require a joint sponsor.

Joint Sponsor: When and How to Use One

A joint sponsor is someone who agrees to share the financial responsibility for the intending immigrant if the primary sponsor does not meet the income threshold. The joint sponsor must:

1. Meet the same eligibility criteria as the primary sponsor.
2. Submit a separate Form I-864.
3. Have a household income that meets the required threshold independently of the primary sponsor.
   

Legal Obligations of the Sponsor

By signing the affidavit of support, the sponsor accepts certain legal obligations:

1. Duration of Responsibility: The sponsor’s financial responsibility lasts until the immigrant:

• Becomes a U.S. citizen.
• Works for 40 qualifying quarters (approximately 10 years).
• Leaves the U.S. permanently.
• Dies.

  2. Repayment of Public Benefits: If the sponsored immigrant receives certain means-tested public benefits, the sponsor may be required to repay the cost to the government.

How an Immigration Lawyer Can Help

Filing an affidavit of support can be complicated, especially if the sponsor’s income is close to the required threshold or if additional household members’ income needs to be included. An experienced immigration lawyer in Orlando can help:

• Ensure that Form I-864 is completed accurately.
• Advise on whether a joint sponsor is necessary.
• Help gather the required documentation.
• Provide guidance on addressing RFE (Request for Evidence) issues related to financial eligibility.

Conclusion

The affidavit of support is a critical component of family-based immigration cases. By ensuring that the sponsor meets the income requirements and correctly completes Form I-864, you can help avoid delays and increase the likelihood of a successful outcome. Whether you’re a sponsor or an intending immigrant, understanding the role of the affidavit and its legal implications is essential.

For families in Orlando or elsewhere, seeking professional assistance from an experienced immigration lawyer can provide peace of mind and help ensure that your case proceeds smoothly. Don’t let common mistakes or financial concerns derail your immigration journey—with the right preparation, you can bring your loved ones to the United States and build a future together.