Public Charge / Affidavit Of Support

Public Charge Ground of Inadmissibility / I-864 Affidavit of Support Requirement:

  • U.S. immigration law provides that an individual will be inadmissible (or ineligible) for lawful permanent residence (a green card) if an immigration officer believes that the applicant is likely to become a public charge.

  • As part of the requirement to prove that an applicant will not become a public charge, the U.S. Citizen or Lawful Permanent Resident sponsor must provide proof that he/she has adequate means to financially support the green card applicant. This is established by filing an Affidavit of Support, I-864.

I-864 Affidavit of Support Income Requirement:

  • The U.S. citizen sponsor must show that their income meets 125% of the U.S. poverty guidelines applicable to the U.S. citizen's household size.

  • In calculating the household size, the following individuals must be counted (individuals are not counted twice in this calculation):

    • The U.S. citizen sponsor

    • The applicant (e.g. TN, H-1B, O-1 visa worker) and any of his/her children also immigrating as step-children

    • The sponsor's unmarried children under 21

    • Any person claimed as a dependent on the sponsor's income tax returns

    • Individuals whom the sponsor is obligated to support under any previously filed I-864s

  • The applicable income requirements are published in I-864P.

  • U.S. immigration will determine whether the sponsor meets the Affidavit of Support requirements based on the total income listed in their U.S. federal income tax return.

  • To evidence their income, the U.S. citizen generally must include a copy or transcript of their recent IRS tax filing including all schedules, W-2s and 1099s; and proof of employment (e.g. a letter, pay stubs).

  • There is an exception to the I-864 filing requirement if the applicant has earned 40 qualifying quarters of work in the U.S.

    • The applicant can also be credited with any quarters worked by their spouse during the marriage, or by a parent during the time the applicant was under 18.

Alternatives To Meeting The I-864 Income Requirements:

  • If the U.S. citizen's income is insufficient, the applicant's income may be used to satisfy the I-864 requirements. (The income from an applicant who is the sponsor's spouse may be used provided the income is from lawful employment that will continue after the individual obtains his/her green card.)

  • The income from individuals counted as members of the sponsor's household may also be used to meet the income requirements. An I-864A form is required in this scenario.

  • In addition, the U.S. citizen, the applicant, or any household members may submit evidence of their assets (e.g. savings accounts, stocks, bonds, real estate) in order to meet the Affidavit of Support requirements.

    • Marriage to a U.S. citizen applications: To qualify, the combined cash value of the assets must exceed 3 times the difference between the sponsor's household income and the income requirements for the Affidavit of Support.

    • All other applications: the combined cash value of the assets must exceed 5 times the difference between the sponsor's household income and the income requirements for the Affidavit of Support.

  • A joint sponsor may also be used to meet the Affidavit of Support requirements.

    • A joint sponsor must meet all eligibility requirements (e.g. over 18, domiciled in the U.S., and a U.S. citizen or permanent resident).

    • An individual may have only one joint sponsor.

    • The joint sponsor must be able to meet the whole income threshold his/herself. There can be no pooling of income.

I-864, Affidavit Of Support Domicile Requirement:

  • One of the requirements for filing the Affidavit of Support is that the U.S. citizen must be domiciled in the U.S.

  • The regulations define “domicile” as “the place where a sponsor has his or her principal residence…with the intention to maintain that residence for the foreseeable future.”

  • The application will be denied if the sponsor does not have, or cannot prove that he/she intends to establish a domicile in the U.S.

Duration Of I-864, Affidavit Of Support Obligation:

  • The obligation to provide financial support remains until the applicant:

    • Becomes a U.S. citizen

    • Can be credited with 40 qualifying quarters of work in U.S.

    • Ceases to hold permanent resident status and departs the U.S.

    • Dies.

  • Divorce does not end the support obligation.

More Information:

Revised April 29, 2023.