Requirements for Affidavit of Support

An Affidavit of Support is required in all family-based immigrant visa and adjustment of status applications.

The purpose of this form is to establish that the sponsored immigrant will not be a public charge in the U.S. Being a public charge is a ground of inadmissibility as a lawful permanent resident.

The sponsor executing the affidavit must be a U.S. citizen, national or lawful permanent resident; at least 18 years of age; and has principal residence in the U.S. or its territories.

The sponsor must provide proof that he or she has an annual income of at least 125 percent of the Federal poverty income level. In satisfying the 125% rule, the size of the sponsor’s family must be taken into consideration.

The federal poverty line is based on the guidelines issued by the Office of Management and Budget, which is published annually by the Department of Health and Human Services. The 2008 Poverty Guidelines set forth the 125% of poverty income level for the 48 contiguous states of the U.S. at $17,500 per year for a family of two and graduated up to $44,500.00 per year for a family of eight. $4,500 must be added for each additional household member beyond eight to meet the threshold. For Alaska and Hawaii, the 125% threshold is higher at $21,875 and $20,125, respectively, for a family of two with graduated increases per additional household member.

The household members that must be counted in determining the family unit size and household income include the sponsor, his/her spouse, his/her unmarried and unemancipated children under 21, the persons that the sponsor claimed as dependents on his/her most recent federal income tax return, the intending immigrant and his/her accompanying derivative family members, if any, and all other aliens for whom the sponsor issued an affidavit of support which has not yet terminated.

While more household members require that a higher income must be shown, the sponsor can also include the incomes of the household members in satisfying the 125% poverty threshold and not just his/her own income and assets. For this purpose, an I-864A Contract Between Sponsor and Household Member has to be executed by the household member.

Unlike the main sponsor, the household members need not be U.S. citizens, nationals, or green card holders. They just have to be at least 18 years old and residing at the address of the sponsor.

Even the intending immigrant can add his/her income to satisfy the 125 percent requirement. In this case, there is no need to execute the I-864A form unless the intending immigrant has a derivative spouse or child who will be immigrating with him/her. Proof of residence with the sponsor must be provided except when the intending immigrant is the spouse of the sponsor.

The proof of income must be from a lawful employment in the U.S. or a lawful source that will “continue to be available to the intending immigrant after he/she acquires permanent resident status.” Moreover, the immigration regulation now stresses current income or “reasonably expected income” over prior reported income in the tax returns.

The sponsor cannot rely on Supplemental Security Income (SSI), Medicaid, Temporary Assistance to Needy Families (TANF), food stamps and state child health insurance program as sources of income but may include retirement benefits, unemployment compensation, workers’ compensation or other similar benefits. In fact, reliance on social security welfare benefits will trigger the public charge ground for disqualification of the intending immigrant as lawful permanent resident.

Lastly, if the cumulative household income is still not enough to meet the 125% poverty threshold, then a joint sponsor can execute an additional I-864 Affidavit of Support to meet the financial requirements.