The Form I-864 Affidavit of Support is a legally enforceable contract that almost every family-based immigrant sponsor must sign. Latif Law helps sponsors and joint sponsors in Columbus and Central Ohio meet USCIS income thresholds and avoid the most common reasons for denial.
Form I-864, Affidavit of Support Under Section 213A of the INA, is a contract a sponsor signs with the U.S. government promising to financially support an intending immigrant so the immigrant does not become a "public charge." The form is required in nearly every family-based immigrant visa and adjustment of status case, including marriage green cards, parent petitions, and other family preference categories.
The petitioning relative is always required to file an I-864 even if they do not personally meet the income requirement. When the petitioner's income is insufficient, additional sponsors or qualifying assets must make up the difference.
Important: The federal poverty guidelines update each year. Always use the most recent Form I-864P when calculating thresholds.
Sponsors must demonstrate income of at least 125% of the federal poverty guideline for their household size, including themselves, their dependents, the intending immigrant, and any other immigrants previously sponsored. Active-duty U.S. military sponsoring a spouse or child only need 100% of the guideline.
Total household income from federal tax returns. The most recent year's adjusted gross income usually controls.
Sponsor + spouse + dependent children + intending immigrants + previously sponsored immigrants still under obligation.
Most recent federal tax return (or transcript), W-2s and 1099s, and current pay stubs or employer letter.
If the petitioning sponsor's income falls short, there are two ways to close the gap:
Adult relatives or the intending immigrant living in the sponsor's household may sign Form I-864A and add their income to the sponsor's. The household member must have lived with the sponsor for at least the last six months or be claimed as a dependent on the sponsor's tax return.
A joint sponsor is any unrelated U.S. citizen or lawful permanent resident, age 18+, domiciled in the U.S., who can independently meet the 125% threshold for their own household plus the intending immigrant. Joint sponsors take on identical legal obligations to the petitioning sponsor — they are equally enforceable contracts.
Assets — typically valued at five times the income shortfall, or three times for spouses of U.S. citizens — can also help bridge the gap when income alone is insufficient.
By signing the I-864, the sponsor accepts ongoing legal responsibilities to both the immigrant and the U.S. government:
The sponsor's obligation continues indefinitely until one of the following occurs:
Divorce does not end the obligation. A sponsor remains liable to support a sponsored ex-spouse until one of the above terminating events occurs.
Counting household size incorrectly
Forgetting to include the intending immigrant — or previously sponsored immigrants still under obligation — is the most common reason for an undersized income calculation.
Submitting only W-2s without the full tax return
USCIS expects the most recent federal tax return or IRS transcript. The W-2 alone is rarely sufficient.
Confusing Schedule C net income with gross
Self-employed sponsors must use the net income shown on Schedule C, not gross receipts. This often surprises business-owner sponsors.
Naming a joint sponsor who doesn't qualify
The joint sponsor must independently meet 125% based on their own household plus the immigrant — they cannot combine income with the petitioning sponsor.
Forgetting to update USCIS on address changes
Sponsors must file Form I-865 within 30 days of any move. Failure to do so can lead to civil penalties.
There is no separate USCIS fee for Form I-864 itself. The Department of State charges a $120 affidavit of support review fee in consular processing cases. The cost is built into the I-485 fee for adjustment of status filings.
USCIS considers stable, ongoing income. Recent unemployment benefits, one-time bonuses, or temporary income usually carry less weight. Most sponsors rely on wages, salary, self-employment net income, or retirement income.
Yes. Marriages valid where celebrated, including same-sex marriages, are recognized for all federal immigration benefits, including the I-864.
If the intending immigrant currently lives in the sponsor's household, their income may be added using Form I-864A. The income must be expected to continue from the same source after permanent residence.
A sponsor may withdraw the I-864 in writing before USCIS or the consular officer makes a final decision on the immigrant's case. Once the immigrant becomes a permanent resident, the sponsor cannot revoke the contract.
Affidavit of Support guidance for sponsors throughout the greater Columbus metro area:
Income calculations, joint sponsors, and asset valuations are easy to get wrong. We help Columbus sponsors avoid the mistakes that delay or derail family cases.