Form I-864 Affidavit of Support - Financial Sponsorship Requirements

Basic Sponsor Qualification Criteria

• Must be at least 18 years of age
• Must be U.S. citizen or lawful permanent resident
• Must be domiciled in the United States or U.S. territories
• Must demonstrate income at 125% of Federal Poverty Guidelines
• Must sign legally enforceable contract of support
• Must provide evidence of income and financial resources

Minimum Income Standards

• Household income must be at least 125% of Federal Poverty Guidelines
• Income requirements increase with household size
• Active military sponsors need only meet 100% of poverty guidelines
• Income from all household members may be counted with Form I-864A
• Assets may substitute for income at 5:1 ratio (3:1 for spouses and children)
• Income must be consistent and reliable from lawful sources

I-864 Completion Process

I-864 Supporting Documents

• Form I-864 Affidavit of Support Under Section 213A of the Act
• Federal tax returns for most recent tax year (IRS transcripts preferred)
• Evidence of current employment and income (pay stubs, employment letter)
• Bank statements and evidence of assets
• Copy of sponsor's birth certificate or naturalization certificate
• Copy of sponsor's green card (if permanent resident sponsor)
• Form I-864A if household members contribute income
• Evidence of any government benefits received

When Joint Sponsors Are Needed

• Required when principal sponsor does not meet income requirements
• Joint sponsor must be U.S. citizen or permanent resident
• Joint sponsor must also meet 125% poverty guideline requirement
• Joint sponsor signs separate Form I-864
• Joint sponsor equally liable for support obligations
• No relationship to principal sponsor or beneficiary required

Form I-864A Requirements

• Form I-864A required for household members contributing income
• Household member must live with sponsor for at least 6 months
• Household member must be willing to make income available for support
• Household member signs Form I-864A creating joint liability
• Include household member's tax returns and income evidence
• Household member must be related to sponsor or beneficiary

Asset Qualification and Valuation

• Assets may substitute for insufficient income at specific ratios
• Assets must be convertible to cash within one year
• Acceptable assets include bank deposits, stocks, bonds, real estate equity
• Life insurance and retirement accounts generally not acceptable
• Primary residence equity may be counted in some circumstances
• Foreign assets acceptable if readily convertible to cash

Length and Scope of I-864 Obligations

• Legal obligation continues until beneficiary becomes U.S. citizen
• Obligation continues until beneficiary works 40 quarters under Social Security
• Obligation continues until beneficiary permanently leaves United States
• Sponsor remains liable even if relationship with beneficiary ends
• Government may sue sponsor to recover means-tested public benefits
• Death of sponsor may not terminate obligations (estate may be liable)

How I-864 Obligations Are Enforced

• Federal and state governments may sue for reimbursement of benefits
• Beneficiary may sue sponsor for financial support
• Court judgments may include attorney fees and collection costs
• Wage garnishment and asset seizure possible for unpaid judgments
• Credit reporting of unpaid support obligations
• Bankruptcy generally does not discharge I-864 obligations

Effect on Benefit Eligibility

• Sponsor's income counted in public benefit eligibility determinations
• Beneficiary may be denied means-tested public benefits
• Sponsor may be required to reimburse government for benefits paid
• Some benefits not subject to I-864 (emergency medical, disaster relief)
• State and local benefit programs may have different rules
• Public charge inadmissibility considerations for future immigration benefits

Unique Sponsor Circumstances

• Military sponsors have reduced income requirements (100% vs 125%)
• Self-employed sponsors need additional business documentation
• Sponsors with negative income may still qualify with sufficient assets
• Sponsors receiving means-tested benefits generally cannot sponsor
• Substitute sponsors may be used in limited circumstances
• Sponsored immigrants may petition relatives without new I-864 in some cases

Frequent I-864 Issues

• Insufficient income to meet poverty guideline requirements
• Inconsistent tax return information or missing documentation
• Failure to include household member income properly
• Inadequate asset documentation or overvaluation of assets
• Missing joint sponsor when required
• Incomplete or incorrectly calculated household size
• Outdated poverty guideline calculations

Sponsor Reporting Requirements

• Must report changes in income or household composition
• Must report address changes within 30 days
• Must provide updated I-864 if circumstances change significantly
• Must notify USCIS and beneficiary of material changes
• Failure to report changes may affect enforcement
• Documentation required for all reported changes