Everything You Need to Know About Form I-864 (Affidavit of Support) and Common Mistakes

If you are applying for a family-based Green Card or immigrant visa, Form I-864, Affidavit of Support, is one of the most important documents in the process.  USCIS requires it in cases to help ensure that the person immigrating to the U.S. will not become a public charge, dependent on the Government, but rather that the Petitioner or joint sponsor will be financially responsible.

Although it may look like a simple financial form, the I-864 is actually a legally enforceable contract. By signing it, the sponsor agrees to financially support the intending immigrant and accepts certain financial responsibilities.

We commonly get calls from people who filed cases on their own and had their entire case denied due to errors on this form. It is important to consult with an attorney to avoid denials due to form errors.

What Is Form I-864?

Form I-864 is used to demonstrate that the intending immigrant has adequate financial support and is unlikely to become primarily dependent on the U.S. government for financial assistance.

It is commonly required in family-based immigration cases, including many marriage-based Green Card applications.

The person completing the form is generally the petitioner or another qualifying sponsor, depending on the circumstances of the case.

Who Needs to File an I-864?

In many family-based immigration cases, the U.S. citizen or lawful permanent resident petitioner must submit Form I-864.

For example, it may be required when sponsoring:

• A spouse

• A parent

• A child

• Certain other qualifying relatives

Even if the petitioner does not earn enough money to meet the income requirement, they generally still need to submit their own Affidavit of Support. A joint sponsor may be used when necessary.

What Are the Financial Requirements?

The sponsor generally must demonstrate income at or above 125% of the Federal Poverty Guidelines for their household size.

The income requirement depends on factors such as:

• Household size

• Current annual income

• The people being sponsored

• Whether a household member's income is being used

• Whether qualifying assets are being used

Because the Federal Poverty Guidelines can change, sponsors should always check the current requirements applicable to their case.

What Counts as Household Size?

Calculating household size correctly is essential because it directly affects the minimum income required.

Depending on the circumstances, the household may include:

• The sponsor

• The sponsor's spouse

• The intending immigrant

• Certain children

• Other immigrants being sponsored

• Certain household members whose income or assets are being used

One common mistake is simply copying the number of people listed on a tax return without carefully reviewing the I-864 requirements.

What Documents Are Usually Needed?

The I-864 must generally be supported with financial documentation.

Depending on the circumstances, this may include:

• The sponsor's most recent federal tax return or IRS tax transcript

• W-2s or other tax documents

• Recent pay statements

• Employment verification

• Evidence of assets, if applicable

• Additional documentation for a joint sponsor or household member

The exact documents required can vary depending on the case and where the application is being processed.

What If the Sponsor Does Not Earn Enough?

Not meeting the income requirement does not necessarily mean that the immigration case cannot move forward.

There may be several options:

Joint Sponsor

A qualifying joint sponsor may submit a separate Form I-864 and accept the financial obligations associated with sponsorship.

The joint sponsor generally must qualify independently based on their own household size and income.

Household Member's Income

In certain circumstances, a qualifying household member's income may be used. When required, the household member must complete Form I-864A, Contract Between Sponsor and Household Member.

Qualifying Assets

Certain assets may also be used to supplement insufficient income, depending on the circumstances and applicable requirements.

Examples can include savings, stocks, bonds, or qualifying property. The calculations are complex for using assets, therefore it is important to work with an attorney if you are relying on assets.

Common I-864 Mistakes to Avoid

1. Incorrect Household Size

An incorrect household size can result in using the wrong income requirement.

2. Using the Wrong Income Figure

Current annual income and income reported on a previous tax return are not necessarily the same. Make sure the information on the form matches the required information.

3. Missing Tax Documents

Failing to include required tax documentation can result in delays or requests for additional evidence.

4. Assuming a Joint Sponsor Replaces the Petitioner

A joint sponsor generally does not replace the original petitioner. The petitioner may still be required to submit their own I-864.

5. Forgetting Form I-864A

If qualifying income from a household member is being used, Form I-864A may be required.

6. Forgetting to Sign

An unsigned form can cause serious processing problems. Always verify that the correct sponsor has signed the appropriate form.

7. Using an Outdated Form

USCIS periodically updates its forms. Always verify that you are using the current edition before filing.

Conclusion

Form I-864 is much more than a financial form. It can play a critical role in determining whether a family-based immigration case meets the financial sponsorship requirements.

A mistake in household size, income, documentation, or signatures can lead to unnecessary delays. More importantly, signing the I-864 creates legally enforceable financial responsibilities for the sponsor.

If you are preparing a marriage-based Green Card, family-based immigration case, or immigrant visa application, make sure you understand the requirements before submitting your Affidavit of Support.

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