Financial sponsors for green card applicants use Form I-864, Affidavit of Support, to remove the public charge grounds for inadmissibility. Form I-864 is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to become a public charge. The public charge rule does not require other categories like asylum/refugee, special immigrants, or diversity visas to submit an I-864 affidavit. Although there have been some changes to the public charge rule over the past few years, most applicants still need Form I-864.
Sponsors may be U.S. citizens, U.S. nationals or lawful permanent residents who are at least 18 years of age and domiciled in the United States. To successfully overcome the public charge grounds of inadmissibility, the sponsor must also have income that sufficiently meets or exceeds the federal poverty guidelines for the household size.
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At the time of applying for a green card, the following immigrants are generally required to submit a Form I-864 completed by the sponsor:
The green card applicant submits the I-864 affidavit with Form I-485 when adjusting status inside the United States. Individuals applying through a U.S. embassy or consulate will submit the I-864 affidavit to the National Visa Center when it is requested. In some limited cases, an applicant from the above categories may be exempt from filing an affidavit.
A sponsor completes Form I-864, Affidavit of Support, on behalf of the intending immigrant. Generally, to help the intending immigrant overcome the public charge ground and obtain a green card, the sponsor must:
Certain active-duty military sponsors may only need to show income that meets or exceeds 100 percent of the FPG.
The petitioner who files Form I-130 or Form I-129F for the green card applicant, must also sponsor using Form I-864, Affidavit of Support. Even if this petitioning sponsor does not have sufficient income, they must submit the affidavit. If the petitioning sponsor's household income is insufficient to be a viable supporter, they may enlist the additional support of a household member. Alternatively, the intending immigrant may add a joint sponsor.
If there is a qualifying relative (spouse, adult child, parent, or sibling) that lives in the same household as the main sponsor, they may act as a household member that contributes income. A spouse who earns income is commonly used as a household member. In some cases, the intending immigrant may act as the household member. Generally, a household member must submit Form I-864A (Contract Between Sponsor and Household Member) with the primary sponsor's I-864. Intending immigrants acting as household members do not need to submit the I-864A supplement unless they have an accompanying spouse or children.
When the intending immigrant participates on Form I-864 as a household member, immigration law (8 CFR § 213a.1) makes it clear that their income must come from “lawful employment in the United States or from some other lawful source that will continue to be available to the intending immigrant after they acquire permanent resident status.” In other words, the intending immigrant's income from a U.S. job must come from authorized employment through an employment visa or work performed while authorized through an employment authorization document.
A joint sponsor is an additional sponsor that doesn’t have to be related to the petitioner or the intending immigrant. This person can be a friend or family member. USCIS also does not require the joint sponsor to live at the same address. A joint sponsor submits a second, separate I-864 affidavit.