Family-based immigration allows U.S. citizens and lawful permanent residents to reunite with loved ones, but the process involves several important legal steps. One of the most significant requirements is the Affidavit of Support, a document that shows the intending immigrant will have adequate financial support upon arriving in the United States. At Jeffrey Y. Bennett Law, we help immigrants and their families navigate this essential part of the immigration process with confidence.

What Is the Affidavit of Support?

The Affidavit of Support (Form I-864) is a legally binding contract between a financial sponsor and the U.S. government. By signing it, the sponsor agrees to accept full financial responsibility for the intending immigrant until they become a U.S. citizen or earn enough work credits to support themselves. This requirement helps ensure that immigrants do not become dependent on public assistance.

Who Must Submit an Affidavit of Support?

Most family-based immigrant visa applicants need an Affidavit of Support. This includes:

• Spouses
• Parents
• Children
• Siblings

The petitioning family member is usually the primary sponsor. If their income does not meet the government’s threshold, a joint sponsor may be allowed.

Income Requirements for Sponsors

The sponsor must show that their household income meets at least 125% of the Federal Poverty Guidelines. To prove this, they may need to provide:

• Recent tax returns
• Pay stubs
• Employment verification
• Asset documentation

If the sponsor's income is not sufficient, assets such as savings, property, or investments may help meet the requirement.

Why the Affidavit of Support Matters

The Affidavit of Support plays a crucial role in determining whether an immigrant is likely to become a “public charge.” Without a sufficient affidavit, the application can be delayed or denied. A strong and properly documented affidavit helps:

• Avoid unnecessary delays
• Strengthen the visa application
• Ensure USCIS or the consulate has confidence in the immigrant’s financial support

How Long Does Sponsorship Responsibility Last?

Sponsorship continues until one of the following occurs:

• The immigrant becomes a U.S. citizen
• The immigrant has earned 40 qualifying quarters of work (approximately 10 years)
• The immigrant permanently leaves the United States
• The immigrant dies

Divorce does not end the sponsor’s financial obligation.

How Jeffrey Y. Bennett Law Can Help

Preparing an Affidavit of Support can be overwhelming, especially when financial documentation is complex. At Jeffrey Y. Bennett Law, we assist families by:

• Reviewing financial eligibility
• Helping gather and prepare required documents
• Addressing issues related to joint sponsors or insufficient income
• Ensuring compliance with all USCIS or consular requirements

Proper legal guidance can prevent costly mistakes and improve the chances of approval.