What Is Affidavit of Support
An Affidavit of Support is a legally binding contract between a U.S. citizen or permanent resident (the sponsor) and the U.S. government, stating the sponsor will financially support an immigrant beneficiary to prevent them from becoming a public charge. The sponsor signs Form I-864, committing to maintain the immigrant's income at or above 125% of the federal poverty guidelines (190% for military sponsors). This obligation typically lasts until the beneficiary becomes a U.S. citizen, works 10 qualifying years, or leaves the country.
When Affidavit of Support Is Required
USCIS requires an Affidavit of Support for most family-based green card applicants, employment-based green card applicants (with some exceptions for EB-1C executives and certain investors), diversity visa lottery winners, and immediate relatives of U.S. citizens undergoing adjustment of status or consular processing. You need one regardless of whether you adjust status in the U.S. or complete processing at a consulate abroad. The petition will not advance beyond initial review without a signed form from an eligible sponsor.
Sponsor Income Requirements
Your sponsor must demonstrate household income using recent tax returns and pay stubs. For 2024, the minimum annual income is $30,000 for a sponsor supporting one person (125% of poverty guidelines). If the household includes dependents, the requirement increases. For example, a sponsor with a spouse and two children supporting one immigrant beneficiary needs to show $44,575 in annual income. If income falls short, the sponsor can add household members with their own income (co-sponsors) to meet the threshold. The sponsor can also declare household assets worth five times the income shortfall, though this route is less common.
Legal Enforceability and Duration
The Affidavit of Support is enforceable against the sponsor by the beneficiary, the government, and any state welfare agency that provides means-tested benefits to the immigrant. If the immigrant receives food stamps, Medicaid, or housing assistance, the government can pursue the sponsor for reimbursement. The sponsor's obligation ends when the beneficiary naturalizes as a U.S. citizen, has worked 40 qualifying quarters (10 years) in the U.S., or dies. For immediate relatives of U.S. citizens, the obligation begins immediately upon USCIS approval and does not depend on green card status.
Common Questions
- Can a sponsor withdraw or cancel the Affidavit of Support? No. Once signed and accepted by USCIS, the Affidavit of Support cannot be withdrawn or cancelled, even if the sponsorship relationship deteriorates. The obligation remains until one of the termination conditions is met.
- What happens if the beneficiary receives public benefits? If the immigrant receives government assistance, USCIS or the state agency can sue the sponsor for recovery of costs. The beneficiary may also be at risk of deportation if benefits were obtained through fraud, regardless of the sponsor's liability.
- Does the sponsor need to be the same person who filed the green card petition? Not always. An immediate relative petition (Form I-130) can be filed by one family member, but a different eligible person can serve as the sponsor on the Affidavit of Support, though this is uncommon and requires careful documentation.
Related Concepts
- Form I-864 - the specific USCIS form used to submit the Affidavit of Support
- Poverty Guidelines - the federal income thresholds used to calculate sponsor income requirements