Understanding the Role of the Affidavit of Support in Family-Based Immigration
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Understanding the Role of the Affidavit of Support in Family-Based Immigration
Family-based immigration allows U.S. citizens and lawful permanent residents to reunite with close relatives from abroad. However, before many family members can obtain lawful permanent residency, the sponsoring relative must submit an Affidavit of Support. This document plays a central role in ensuring that new immigrants have financial stability and will not become dependent on government
assistance.
At Lively Law Firm, we assist immigrants and their families in navigating the immigration process, including the requirements connected to the Affidavit of Support.
What Is the Affidavit of Support?
The Affidavit of Support (Form I-864) is a legally enforceable contract between the U.S.-based sponsor and the federal government. By signing it, the sponsor agrees to use their financial resources to support the immigrant if necessary. The purpose is to ensure that the immigrant will have adequate financial backing upon entering the United States.
Who Must Submit an Affidavit of Support?
Most family-based immigrants require a sponsoring relative to file Form I-864. This includes spouses, parents, children, and siblings. In some cases, employment-based immigrants with a family-owned business connection also need an Affidavit of Support.
Income Requirements
To qualify as a sponsor, a person must demonstrate sufficient household income. Generally, the sponsor must earn at least 125% of the federal poverty guidelines for their household size. However, certain sponsors—such as active-duty military members sponsoring a spouse or child—may qualify with 100% of the poverty guideline.
If the sponsor does not meet the required income threshold, options may include:
- Using assets to supplement income
- Obtaining a joint sponsor
- Counting income from household members willing to sign a financial agreement
How Long Does the Affidavit of Support Last?
The sponsor’s financial obligation continues until one of the following occurs:
- The immigrant becomes a U.S. citizen
- The immigrant earns 40 qualifying work quarters (about 10 years)
- The immigrant permanently leaves the United States
- Either party dies
The obligation does not automatically end if the family relationship ends (for example, in a divorce).
Why the Affidavit of Support Matters
The Affidavit of Support helps ensure that immigrants have the financial stability they need to begin their lives in the United States. It also helps protect federal and state programs by preventing new immigrants from relying on public benefits.
Because this document carries legal and financial obligations, sponsors and immigrants should fully understand the process and requirements before submitting Form I-864.











