Understanding the Affidavit of Support

Under Section 213A of the Immigration and Nationality Act, certain immigrants must document that they have sufficient financial support to live on their own. This ensures they will not seek government financial assistance once they arrive in the United States. 

Key Takeaways:

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One of the ways this is accomplished is through the affidavit of support form I-864. Form I-864 is an affidavit of support, a sponsor can vouch that they will financially support a potential immigrant. This affidavit can be used to support obtaining a green card for both one principal immigrant, their spouse, and their children, so long as the sponsor’s household can reasonably support them.  

The sponsor signs and files the affidavit of support. The information provided on the form must show that the sponsor’s household can maintain a household income of at least 125% of the Federal Poverty Guidelines.  

Through the I-864 form, the sponsor enters a contract with the United States government. In this contract, the sponsor is held responsible for the financial well-being of all immigrants listed on the I-864 form. This contract remains in place until such time as the sponsored immigrant becomes a United States citizen, or has worked in the United States for a sufficiently long period of time (40 qualifying quarters, or 10 years of work).  

If the sponsor intentionally lies on a filed information form I-864, they may be subject to criminal prosecution. The U.S. Government can pursue verification of any information provided on or in support of the affidavit. This includes employment, income, or asset information. They can follow up with your employer, the IRS, financial or other institutions, and even the Social Security Administration.  

What information is needed to file an I-864? 

The immigration form I-864 affidavit of support is broken down into 11 parts: 

• Basis for Filing Affidavit of Support: This section asks you to state your relationship to the principal immigrant (the person immigrating to the country); 
• Information About You: This section collects personal information about the sponsor; 
• Information About the Principal Immigrant: This section collects personal information about the person immigrating to the country; 
• Information About the Immigrants You Are Sponsoring: This section asks for additional information regarding all of the immigrants you are sponsoring, including the principal immigrant. The principal immigrant may list their spouse or any children they may have; 
• Sponsor’s Household Size: This section asks the sponsor to indicate their household size, including all immigrants they intend to sponsor using the I-864 sheet; 
• Sponsor’s Employment and Income: This section lists the occupation and income of the sponsor. It also allows the sponsor to indicate the incomes of any member counted in their household size and use that information to calculate total household income. Those fellow members must be willing to be held jointly responsible for any immigrants listed in Parts 3, 4, and 11. The sponsor must indicate whether they have filed federal income tax returns in the three most recent years and attach a copy of their most recent tax return; 
•  Use of Assets to Supplement Income: This section is optional but is available for sponsors who are using assets to supplement their income; 
• Sponsor’s Contract, contact Information, Certification, and Signature: This section notifies the sponsor regarding the legal consequences of signing the I-864 form and provides a section on which to sign and certify the form; 
• Interpreter’s Contact Information, Certification, and Signature: This section is optional and available to those sponsors who used an interpreter to help prepare the I-864 form. The interpreter must provide their personal information, as well as sign and certify the form in this section; 
• Contact Information, Declaration, and Signature of the Person Preparing this Affidavit, if Other Than the Sponsor: This section is optional and is only necessary if a person other than the sponsor is preparing this Affidavit on behalf of the sponsor. Requires the preparer to list their personal information, business or organization name, contact information, and to sign and certify the form; 
• Additional Information: This section is optional and allows the sponsor to supplement answers to any of the previous parts, including listing additional sponsored family members. 

To sum up, all sponsors will need to at least provide: 

• A copy of your individual federal income tax return, including W-2’s, for the most recent tax year (or a statement/evidence as to why you did not need to file); 
• A copy of every Form 1099 schedule; 
• All other evidence of reported income that will allow you to qualify. 

How to File an I-864 

Once the sponsor has prepared the I-864 form, they must pay the filing fee and file the form at the proper location during the immigrant’s green card application process. Filing location and fee information is available on the USCIS website at https://www.uscis.gov/i-864. There, USCIS will have the most up-to-date information regarding filing your affidavit of support form.  

Sources:

U.S Citizenship and Immigration Services, I-864, Affidavit of Support Under Section 213A of the INA

U. Department of Homeland Security, Affidavit of Support Under Section 213A of the INA Form

U. Department of Homeland Security, Instructions for Affidavit of Support Under Section 213A of the INA

ASPE, Poverty Guidelines