September 2026 | Family Immigration Update
For many family-based green card cases, filing the immigration petition is only part of the process. The intending immigrant may also need a qualifying sponsor who agrees to provide financial support through Form I-864, Affidavit of Support Under Section 213A of the INA.
The I-864 is more than another piece of paperwork. It creates significant obligations for the person who signs it and can play an important role in whether an intending immigrant satisfies the financial requirements for permanent residence.
Who May Need Form I-864?
Form I-864 is generally required in most family-sponsored immigrant visa and adjustment-of-status cases, as well as certain employment-based cases involving a relative with a significant ownership interest in the petitioning business.
The sponsor generally must demonstrate sufficient income or assets under the applicable requirements.
What If the Sponsor Does Not Have Enough Income?
Depending on the case, there may be options such as using qualifying assets, certain household-member income, or a joint sponsor.
However, simply finding another person willing to help does not automatically resolve the issue. The appropriate forms and supporting financial evidence must be submitted, and each sponsor must independently satisfy applicable requirements.
Sponsors Have Continuing Responsibilities
Signing an I-864 can create an enforceable financial obligation. Sponsors should understand those responsibilities before signing.
Sponsors also need to keep certain information current. For example, USCIS states that a U.S. citizen, U.S. national, or lawful permanent resident who previously submitted an affidavit of support must file Form I-865, Sponsor’s Notice of Change of Address, within 30 days of moving.
Preparing Your Case
Mistakes involving income calculations, household size, tax documents, joint sponsors, or other financial evidence can complicate an immigration case.
If you are preparing a family-based green card application or have questions about whether you meet the sponsorship requirements, Powers Law Group can review your circumstances and help determine the appropriate approach.
