Ensure your relative’s financial support during their immigration process
The Affidavit of Support (Form I-864) is an essential document in many family immigration processes. Its purpose is to demonstrate that the sponsored immigrant has sufficient financial support in the United States, preventing them from becoming a public charge.
Filing this form correctly is a mandatory requirement in most permanent residence (Green Card) applications based on family ties.
Table of Contents
- What is Form I-864?
- Who must file this affidavit?
- Sponsor financial requirements
- Required supporting documents
- Differences between the I-864 and other similar forms
- Common mistakes when filing Form I-864
- Legal advice with Legalízate Ya
- 📞 Contact us today
What is Form I-864?
Form I-864, Affidavit of Support Under Section 213A of the Immigration and Nationality Act (INA), is a legal and binding commitment through which the sponsor becomes financially responsible for the immigrant seeking to obtain permanent residence in the United States.
By signing this form, the sponsor declares to the government that they possess sufficient income and economic resources to support the immigrant and are willing to offer financial support, if necessary.
Who must file this affidavit?
Generally, the petitioner who filed the principal application (e.g., Form I-130 or I-129F) must also file Form I-864.
Additionally, in certain cases, a joint sponsor may be required if the petitioner alone does not meet the economic requirements demanded by the Department of Homeland Security (DHS).
Form I-864 is required in the following scenarios:
- Family petitions for spouses, children, parents, or siblings.
- Adjustment of status (Form I-485) cases or consular processing.
- Petitions where the sponsor must guarantee the immigrant’s financial backing until they naturalize, accumulate 40 quarters of work, or permanently leave the U.S.
Sponsor financial requirements
The sponsor must meet the minimum income levels established by the Federal Poverty Guidelines, which vary based on household size and state of residence.
Generally speaking, the sponsor must:
- Be a U.S. citizen or lawful permanent resident.
- Have a domicile in the United States.
- Demonstrate income equivalent to 125% of the federal poverty level (100% if on active duty in the Armed Forces and sponsoring a spouse or children).
- Submit recent tax returns and W-2 forms.
When personal income is insufficient, financial assets (such as savings, real estate, or investments) or the support of a joint sponsor may be included.
Required supporting documents
When filing Form I-864, the following documents must be attached:
- Copy of the most recent federal tax return (Form 1040) and W-2 or 1099 forms.
- Proof of current income, such as pay stubs or an employment letter.
- Proof of sponsor’s immigration status or citizenship (copy of passport, naturalization certificate, or Green Card).
- Documents proving the family relationship with the sponsored immigrant.
- In the case of a joint sponsor, equivalent forms and financial documents.
Differences between the I-864 and other similar forms
It is important not to confuse Form I-864 with other related forms, such as:
- Form I-864A: Contract Between Sponsor and Household Member.
- Form I-864EZ: Simplified version for certain individual sponsorship cases.
- Form I-134: Declaration of Financial Support (commonly used for non-immigrant visas or humanitarian processes).
The I-864 is the only one that creates a legally enforceable obligation before immigration or judicial authorities.
Common mistakes when filing Form I-864
- Not meeting the minimum income requirements.
- Omitting original signatures or updated financial documents.
- Not including all pages of the form.
- Using incomplete or outdated tax information.
- Filing the incorrect form based on the case type (I-864, I-864A, or I-864EZ).
An error on this form can significantly delay the approval of permanent residence or cause a rejection by the consulate or USCIS.
Legal advice with Legalízate Ya
At Legalízate Ya, we understand that the Affidavit of Support is much more than an administrative requirement: it represents a legal and moral commitment to your relative.
Our team will help you evaluate your financial eligibility, gather the correct documentation, and file your Form I-864 completely and accurately.
We have over 30 years of combined experience in immigration law, helping families reunite and obtain their legal residence without complications.
📞 Contact us today
Do you need help completing your Form I-864 or determining if you qualify as a sponsor?
Call us today at (956) 725-9714 or visit www.legalizateya.com/en to schedule a consultation with our legal team.
Legalízate Ya — Your ally at every step of the immigration process.
