Understanding the Role of the Affidavit of Support in Adjustment Applications

When applying for a green card through family sponsorship, most applicants are required to submit an Affidavit of Support (Form I-864) as part of their adjustment of status application. While the form may seem straightforward, it plays a critical role in determining whether your application is approved.

At Sharma Law Associates, LLC, our New York immigration attorneys assist families in navigating this crucial requirement, ensuring that your petition is both complete and persuasive.

What Is the Affidavit of Support?

The Affidavit of Support is a legally binding document that demonstrates the sponsoring U.S. citizen or lawful permanent resident has the financial means to support the immigrant and prevent them from becoming dependent on public assistance. It essentially serves as a contract between the sponsor and the U.S. government.

By signing Form I-864, the sponsor agrees to:

·       Maintain financial support for the immigrant until they become a U.S. citizen or earn 40 qualifying work quarters (typically 10 years of work).

·       Repay the government if the immigrant receives certain types of public benefits.

·       Demonstrate income at or above 125% of the Federal Poverty Guidelines (or 100% for sponsors on active duty in the U.S. military sponsoring a spouse or child).

This financial commitment provides an additional layer of protection for the U.S. government’s decision to grant permanent residency to a foreign national.

Who Must Submit an Affidavit of Support?

In most family-based green card cases, the U.S. citizen or permanent resident petitioner is required to submit an Affidavit of Support. This includes applications for spouses, children, parents, and siblings.

In employment-based cases, the petitioning employer may also be required to submit Form I-864 if a family member of the intending immigrant has a close financial interest in the business.

When the petitioner’s income is not sufficient, a joint sponsor may be used. The joint sponsor must independently meet the income requirement and be a U.S. citizen or permanent resident, at least 18 years old, and residing in the United States.

What Documentation Supports the Affidavit of Support?

A successful Affidavit of Support isn’t just about signing a form—it must be supported by detailed documentation.

This typically includes:

·       Most recent federal income tax return (and W-2 or 1099 forms).

·       Proof of current employment (letter and recent pay stubs).

·       Evidence of assets, if income is insufficient (such as bank statements or property deeds).

·       Proof of lawful immigration status and U.S. residency.

At Sharma Law Associates, LLC, we work closely with clients to gather the correct financial records, accurately calculate household size, and avoid common mistakes that can trigger Requests for Evidence (RFEs).

Consequences of an Incomplete or Weak Affidavit

If the Affidavit of Support is incomplete, inaccurate, or fails to demonstrate sufficient income, USCIS may issue an RFE—or worse, deny the green card application altogether. This can cause severe delays or force the applicant to start over.

That’s why we strongly recommend reviewing your sponsor’s financial eligibility early in the adjustment process and taking steps to resolve potential issues in advance.

Speak With Our New York Immigration Attorney About Adjustment Applications

The Affidavit of Support is more than just a form—it’s a cornerstone of your adjustment of status case. At Sharma Law Associates, LLC, our New York immigration attorneys help ensure your sponsorship documentation is accurate, complete, and fully aligned with USCIS expectations.

Call us today at 646-921-6630, online, or schedule a personalized consultation on our calendar to get trusted guidance on your adjustment application and every step of your immigration journey.