Adjustment of Status vs. Consular Processing: Which Is Right for You?
August 20, 2025Adjustment of Status vs. Consular Processing: Which Is Right for You?
August 20, 2025
Understanding the Affidavit of Support (Form i-864): Financial Requirements for Sponsors
Bringing your spouse, parent, or child to live permanently in the United States represents one of life's most meaningful goals. You want to reunite your family and build a future together on American soil.
But along with that dream comes a significant financial commitment that many sponsors don't fully understand until they're deep in the process. The Affidavit of Support, Form I-864, creates a legally binding contract between you and the U.S. government that can last for years or even decades.
You're promising to financially support your family member and ensure they won't need government assistance. The government takes this promise seriously, and you should too.
Most family-based immigration cases require an Affidavit of Support. Getting this step right from the beginning can mean the difference between a smooth approval and costly delays or denials that keep your family separated longer.
If you're feeling overwhelmed by these requirements, you're not alone. At Strang Immigration, we help families navigate these complex financial obligations every day, providing the honest guidance you need to make informed decisions about your case.
Get in touch for support with your unique case.
What Is the Affidavit of Support (Form i-864)?
The Affidavit of Support serves as a contract between you, as the sponsor, and the U.S. government. By signing Form I-864, you promise to maintain your sponsored relative at an income level of at least 125% of the Federal Poverty Guidelines.
This requirement exists to ensure that new immigrants have adequate financial support and will not need government assistance. The commitment is legally enforceable. If your sponsored family member uses certain public benefits, the government can seek repayment from you.
The financial obligation continues until your relative becomes a U.S. citizen, earns 40 quarters of work credit, permanently leaves the United States, or dies. You cannot simply cancel this responsibility later.
Don't Confuse Form I-864 with Form I-134 Affidavit of Support
Many people confuse Form I-864 with Form I-134, but these serve different purposes. Form I-134 provides financial support for temporary visitors like tourists, students, or fiancés applying for K-1 visas. It shows you can support someone during a short-term stay but creates no legal obligation to repay the government if they use public benefits.
Form I-864, on the other hand, is required for permanent residence applications and creates a binding legal contract with enforceable financial obligations. Use Form I-864 for green card cases and Form I-134 for temporary visit situations.
The financial obligation continues until your relative becomes a U.S. citizen, earns 40 quarters of work credit, permanently leaves the United States, or dies. You cannot simply cancel this responsibility later.
Who Needs to Submit an Affidavit of Support?
U.S. citizens and lawful permanent residents must file Form I-864 when sponsoring immediate relatives for green cards. This includes spouses, unmarried children under 21, parents, and other qualifying family members.
The requirement applies during consular processing for immigrants living abroad and for adjustment of status cases filed within the United States. Some exceptions exist for self-petitioning widows, victims of domestic violence, and certain employment-based cases, but these situations are less common.
If you filed Form I-130 to petition for your relative, you will likely need to complete Form I-864 as well.
How to Submit the Affidavit of Support Online
Through the National Visa Center
For cases processed through consular interviews abroad, you submit the Affidavit of Support online through the CEAC portal after the National Visa Center (NVC) requests it.
Log into the CEAC system using your case number and invoice ID. Upload your completed Form I-864 along with all supporting financial documents. The system allows you to track your submission status and receive notifications about any missing information.
For Adjustment of Status Cases
If your relative is applying to adjust status to permanent resident while in the United States, you include Form I-864 with the paper-based Form I-485 application package. These cases are not currently processed online.
Mail the complete package to the appropriate USCIS service center based on your location and case type.
How Much Is the Affidavit of Support Fee?
The NVC charges a $120 fee for processing the Affidavit of Support when submitted through the CEAC portal. You pay this fee online using a credit card or bank transfer.
For adjustment of status cases filed with Form I-485, no separate fee applies for the Affidavit of Support. The I-485 filing fee covers all required forms in the package.
Additional costs may include document translation fees, notarization charges, and professional document preparation services if you choose to use them.
Income Requirements: How Much Do You Need to Earn?
You must demonstrate income of at least 125% of the Federal Poverty Guidelines for your household size. Active-duty military members sponsoring a spouse or child need to show only 100% of the guidelines.
Calculate your household size by adding yourself, your dependents, and the immigrant you are sponsoring. If you are married and file joint tax returns, include your spouse's income and count them in the household size.
The Federal Poverty Guidelines change annually. For 2025, 125% of the poverty line for a two-person household is $26,437. For a four-person household, the requirement increases to $40,187. Check the current guidelines when preparing your case, as these figures adjust each year.
What Counts as Income and What Doesn't
Acceptable income sources include wages from employment, self-employment earnings, retirement benefits, investment returns, alimony, and child support. Social Security benefits, disability payments, and unemployment compensation also qualify.
If your household includes other members over 18 who can contribute income, they can file Form I-864A to add their earnings to your total. This person must be willing to make their income available to support the sponsored immigrant.
Income must be legal and properly documented. Cash payments without tax records, temporary income, or money from illegal activities cannot be counted. You must provide tax returns, pay stubs, and other official records to verify all claimed income.
What If You Don't Meet the Income Requirements to File an Affidavit of Support?
Using Assets to Supplement Income
If your income falls short, you can use assets like savings accounts, stocks, bonds, or real estate equity to meet the requirement. Assets count as income at a reduced rate.
For spouses and unmarried children under 21, assets count at three times their value. For other relatives, assets count at five times their value. This means you need $3 in assets for every $1 of missing income when sponsoring a spouse, or $5 in assets for every $1 when sponsoring other family members.
Assets must be liquid or easily convertible to cash. Your primary residence can count, but only the equity portion above any mortgage balance.
Finding a Joint Sponsor
If you cannot meet the requirements alone, a joint sponsor can help. This person must be a U.S. citizen or permanent resident, at least 18 years old, and able to meet the income requirements independently.
The joint sponsor files a separate Form I-864 and accepts the same legal obligations as the primary sponsor. They remain financially responsible until the sponsored immigrant meets the same termination conditions. Choose a joint sponsor carefully, as this creates a long-term legal commitment for them.
What Documents Do You Need to Submit?
Your most recent federal tax return, including all schedules and W-2 forms, provides the primary evidence of income. If your current income differs significantly from your tax return, you may need to provide up to three years of returns.
Submit recent pay stubs, employment verification letters, and 1099 forms for additional income sources. Self-employed sponsors need profit and loss statements, business tax returns, and other business records.
If using assets, provide bank statements for the past 12 months, investment account statements, and property appraisals or deeds. All documents must be recent and clearly show ownership and value.
Include proof of your U.S. citizenship or permanent resident status, such as a birth certificate, passport, or green card copy.
How to Sponsor an Immigrant Visa: Step-by-Step Overview
The sponsorship process begins when you file Form I-130, Petition for Alien Relative, with USCIS. After approval, the case moves to the National Visa Center for document processing or remains with USCIS for adjustment of status.
When requested, you prepare and submit Form I-864 with all supporting financial documents. Review everything carefully before submission, as missing or incorrect information causes delays.
Your relative attends an interview at a U.S. consulate abroad or at a USCIS office domestically. The officer reviews all documents, including your Affidavit of Support, before making a final decision.
The Affidavit of Support represents just one component of the overall immigration process, but it often determines whether the case succeeds or fails.
Common Mistakes to Avoid on the File Form
Many sponsors incorrectly calculate household size, leading to inadequate income showings. Count every person you claim as a dependent, plus your spouse if filing jointly, plus each immigrant you are sponsoring.
Failing to provide complete financial documentation results in requests for additional evidence and processing delays. Submit all required forms, tax returns, and supporting documents with your initial filing.
Using outdated forms causes automatic rejections. Always download the most current version of Form I-864 from the USCIS website before completing it.
Remember that you cannot cancel your financial obligation after your relative receives their green card. This commitment continues for years and has real legal consequences.
When to Talk to an Immigration Attorney
Complex income situations, such as multiple income sources or irregular earnings patterns, benefit from professional guidance. Self-employed individuals often need help properly documenting their income and business assets.
Cases requiring joint sponsors or significant asset calculations involve additional legal obligations and documentation requirements. An attorney can ensure you understand these commitments and prepare the strongest possible case.
If you have previously been denied or received requests for additional evidence, professional help can identify and address the underlying issues.
At Strang Immigration, we are always here to help and can give you the specific information and support your case requires.
Final Thoughts
The Affidavit of Support creates serious, long-term financial obligations that you must understand before signing. Meeting the income requirements and providing proper documentation determines whether your family immigration case succeeds.
This process involves complex legal and financial considerations that affect both you and your family member for years to come. Getting this step right from the beginning prevents delays, additional costs, and potential denials that separate families.
Contact Strang Immigration today for honest guidance about your financial obligations and help filing your Affidavit of Support correctly. Our experienced attorneys work directly with you to navigate these complex requirements and protect your legal rights throughout the process.
