U.S. Marriage Immigration - the Affidavit of Support

As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps couples who live on opposite sides of the Windsor-Detroit border reunite and live together. This blog post considers the Form I-864, Affidavit of Support.

What is the Form I-864?

Form I-864, Affidavit of Support, is a document that the U.S. citizen or lawful permanent resident sponsor signs to accept financial responsibility for the applicant who is coming to live in the United States. The purpose of the form is to prove that the intending immigrant has adequate means of financial support and is unlikely to become a public charge.

By signing the form, the sponsor is agreeing to use their resources, if necessary, to financially support the beneficiary and any dependent(s). It is a legally binding contract between the sponsor and the U.S. government. If the beneficiary and/or dependents receive any designated federal, state, or local means-tested public benefits, under U.S. law the agency providing the benefit can request reimbursement from the sponsor.

What Supporting Documents are Required?

In addition to the Form I-864, the sponsor must provide supporting documentation. This typically includes U.S. federal income tax transcripts, W-2 wage statements, verification of employment letters, and proof of assets that can be easily liquidated (if applicable). Depending on the sponsor’s financial situation, more supporting documentation may be required. If the sponsor is unable to demonstrate that they meet the minimum requirements, they may be required to seek a joint sponsor such as a U.S.-domiciled family member or friend.

How Much Income Is Required?

The sponsor must demonstrate that their income meets the minimum Federal poverty guideline requirement. Sponsors who are on active duty in the U.S. armed forces must prove that they meet 100% of the Household Size (HHS) Poverty Guidelines. All other sponsors must prove that they meet 125% of the HHS Poverty Guidelines. The HHS Poverty Guidelines are regularly updated and may be found here.

Using Assets Instead of Income

When the Sponsor’s income alone does not meet the Federal HHS Poverty Guideline income requirement, they may be able to use the value of their assets to prove their ability to support the sponsored spouse. Assets must be easily converted to cash, and may include things such as savings, stocks, bonds, and property.

U.S. citizens who are sponsoring their spouse and children must show assets in the amount of three times the difference between the poverty guideline and actual household income. All other sponsors must show assets equal to five times the difference between the sponsor’s income and the poverty guideline.

Does the Sponsor Have the Live in the U.S.?

U.S. law requires that sponsors be domiciled (live) in the United States, the District of Columbia, or any territory or possession of the United States. To qualify as a sponsor, a petitioner who is residing abroad must have a principal residence in the U.S. and intend to maintain that residence for the foreseeable future.

When Do I Submit the Form?

Applicants who apply for a green card via Adjustment of Status submit the I-864 with the rest of their application package, including the I-130. Applicants who apply via Consular Processing submit the I-864 after their I-130 petition has been approved.

Especially in the Windsor-Detroit area, it’s common for Canadians and Americans to fall in love and get married. Christina Loebach is licensed to practice law in both Canada and the United States, and loves working with clients who are considering sponsorship on both sides of the border. If you would like Christina to provide legal advice tailored to your situation, please schedule a consultation.