Family-based immigration allows U.S. citizens and lawful permanent residents to reunite with close family members. While the process offers a path to lawful permanent residency, it also involves several legal requirements designed to ensure that intending immigrants will not become reliant on public assistance. One of the most important of these requirements is the Affidavit of Support.

If you are sponsoring a relative, understanding what the Affidavit of Support is—and what it legally commits you to—is essential. At Labrada Dume & Associates, we assist the New York City public with navigating the complexities of family-based immigration and completing necessary documentation correctly.

What Is the Affidavit of Support?

The Affidavit of Support (Form I-864) is a legally enforceable contract between the sponsor and the U.S. government. It requires the sponsor to demonstrate that they have sufficient financial resources to support the intending immigrant at a minimum of 125% of the federal poverty guidelines. The purpose is to ensure that the immigrant does not become a public charge.

Who Must File the Affidavit of Support?

Most family-based immigration petitions require a financial sponsor. This includes:

• Spouses
• Parents
• Children
• Siblings
  In some cases, employment-based petitions that involve a family connection also require this form.

The sponsor must be a U.S. citizen or lawful permanent resident, at least 18 years old, and domiciled in the United States.

Financial Requirements for Sponsors

To qualify, sponsors must show:

• Stable income that meets minimum federal poverty guideline levels
• Tax returns for the most recent year
• Proof of assets if income alone is insufficient

If a single sponsor cannot meet the income requirement, a joint sponsor may be used to satisfy the financial criteria.

What the Affidavit of Support Legally Requires

When the sponsor signs Form I-864, they agree to financially support the immigrant until one of the following occurs:

• The immigrant becomes a U.S. citizen
• The immigrant earns 40 qualifying work quarters (approximately 10 years)
• The immigrant leaves the U.S. permanently
• The immigrant passes away

This obligation continues even in cases of divorce, which many sponsors do not realize. Because it is a binding contract, the government—or in some cases the immigrant—can enforce it in court if necessary.

Common Issues With Affidavit of Support Filings

Mistakes on the form or missing financial documentation can cause delays or denials. Common issues include:

• Inaccurate income reporting
• Missing tax returns
• Failure to prove domicile
• Confusion between Form I-864 and other versions (I-864A, I-864EZ, etc.)

Working with an attorney can help ensure that your petition is complete and that financial requirements are met.

How a Lawyer Can Assist

Preparing the Affidavit of Support requires careful review of financial records and compliance with strict government standards. At Labrada Dume & Associates, we help New York City families:

• Determine eligibility
• Understand financial obligations
• Prepare Form I-864 and supporting documents
• Address Requests for Evidence (RFEs)
• Navigate the larger immigration process

Accurate preparation helps reduce delays and increases the chances of approval.