What Is an Affidavit of Support?

What Is an Affidavit of Support?

PROMISING FINANCIAL SUPPORT AS A GREEN CARD SPONSOR WITH FORM I-864

By TRW Law Firm

📄 Introduction: What Is Form I-864?

Form I-864, officially titled the “Affidavit of Support Under Section 213A of the INA,” is a legally enforceable contract between a financial sponsor and the U.S. government. This affidavit is a mandatory component of most family-based green card applications and some employment-based applications. Through it, the sponsor promises to support the immigrant financially, ensuring they will not become a public charge upon admission to the United States.

🤝 Who Is a Financial Sponsor?

A financial sponsor is typically the petitioner (the person filing Form I-130 or I-129F). However, if the petitioner does not meet the income requirements, a joint sponsor or household member may also assume financial responsibility.

Eligibility Criteria for Sponsors:

🟩 Must be a U.S. citizen or lawful permanent resident (green card holder)
🟩 Must be at least 18 years old
🟩 Must have a domicile in the U.S. (i.e., live in the U.S. or plan to re-establish domicile before the immigrant enters)

🌎 Form I-864 Processing Time

The Affidavit of Support is submitted along with a green card application, either with Form I-485 (Adjustment of Status) or during consular processing.

As of 2025, the average processing time for Form I-864 is approximately 9.5 months, though it largely depends on:

🟩 Whether the application is processed by USCIS or NVC
🟩 The accuracy and completeness of the submission
🟩 Any accompanying Requests for Evidence (RFEs)

💼 Financial Requirements for Sponsors

To qualify as a sponsor, you must prove that your annual income meets at least 125% of the Federal Poverty Guidelines, adjusted for household size.

💡 Example (2025 Federal Poverty Guidelines)

If the sponsor lives in the contiguous U.S. and is supporting only one immigrant:

• Minimum income: $24,650 (for a household of 2)

For Alaska and Hawaii, the thresholds are slightly higher.

Additional Notes:

• If on active military duty, the requirement drops to 100% of the Federal Poverty Guidelines.
• The sponsor must file Form I-864P to determine the applicable income threshold.

🏠 Assets Can Count Too

If your income is below the required threshold, you may use assets such as:

🟩 Savings accounts
🟩 Stocks or bonds
🟩 Real estate (equity)
🟩 Personal property

📅 Duration and Legal Obligations

Signing Form I-864 creates a legally binding contract. The sponsor remains financially responsible until one of the following occurs:

🔹 The immigrant becomes a U.S. citizen
🔹 The immigrant earns 40 quarters of work in the U.S. (approximately 10 years)
🔹 The immigrant leaves the U.S. permanently
🔹 Either party dies

During the sponsorship period, if the immigrant receives means-tested public benefits, the government may seek reimbursement from the sponsor.

🔧 How to File Form I-864

There are two primary ways to file Form I-864:

1. Online (through NVC)

If you’re going through consular processing, submit Form I-864 via the CEAC portal.

2. Mail (through USCIS)

If filing from within the U.S. (adjustment of status), mail the form with:

• Form I-485 (if applicable)
• Required supporting documents (tax returns, W-2s, pay stubs)

📑 Required Documents with Form I-864

🟩 Copy of most recent federal tax return
🟩 Proof of current income (pay stubs, employer letter)
🟩 Proof of U.S. citizenship or permanent resident status
🟩 Form I-864A, if counting household member’s income
🟩 Form I-864EZ, if only sponsoring one relative with adequate income

📈 Different Types of Form I-864

🤝 Joint Sponsors & Household Members

👥 Joint Sponsor:

• A second person who agrees to share financial responsibility
• Must file a separate Form I-864
• Must meet 125% income requirement independently

🏡 Household Member:

• Can combine income/assets with the main sponsor
• Must submit Form I-864A

🔍 Avoiding Common Mistakes

1. Incorrect income calculations
2. Omitting required tax documents
3. Outdated form versions
4. Failing to list all dependents

TRW Law Firm helps ensure that each affidavit is accurately prepared and backed by required documentation, avoiding RFEs or denials.

📅 When to File Form I-864

• During Adjustment of Status with Form I-485
• When the NVC schedules a consular interview
• Post-arrival in the U.S. for K-1/K-3 visa holders adjusting status

❓ Form I-864 FAQs

Can I file Form I-864 online?

Yes, via the CEAC portal if you received it from the National Visa Center (NVC).

Who can sponsor a green card applicant?

Only a U.S. citizen or green card holder with U.S. domicile, aged 18+.

How long is Form I-864 valid?

Until one of the termination events occurs (citizenship, death, 40 quarters, or permanent departure).

What if I filed Form I-130 for multiple relatives?

You need a separate I-864 for each sponsored person unless exemptions apply.

What if I don’t meet the income threshold?

You can:

• Use assets
• Add a joint sponsor
• Include household member’s income

🧰 TRW Law Firm: Your Immigration Experts

Navigating the Affidavit of Support process is critical to your green card approval. At TRW Law Firm, we:

🟩 Assess your financial eligibility
🟩 Prepare all necessary affidavits
🟩 Guide joint sponsors through the legal responsibilities
🟩 File and monitor your submission with USCIS or NVC
🟩 Handle follow-up actions, including RFEs

📞 Contact TRW Law Firm

Phone:
+8801708000660
+8801847220062
+8801708080817

Email:
info@trfirm.com
info@trwbd.com
info@tahmidur.com

Global Offices:
Dhaka: House 410, Road 29, Mohakhali DOHS
Dubai: Rolex Building, L-12 Sheikh Zayed Road
London: 330 High Holborn, City of London

📃 Summary Table: Form I-864 Key Details

Trust TRW Law Firm to help you meet the sponsorship requirements with precision, compliance, and peace of mind.