For individuals seeking lawful permanent residency while remaining in the United States, the Adjustment of Status (AOS) process offers a pathway to obtain a Green Card without leaving the country. In family-based immigration scenarios, a pivotal element of this process is the Form I-864, Affidavit of Support (“Form I-864”). This document creates a legal obligation between the Sponsor and the U.S. The Sponsor agrees to provide financial support to the immigrant (“Beneficiary”), ensuring they will not become reliant on government assistance. By submitting this affidavit, the Sponsor is contractually bound to undertake financial responsibility to ensure that the Beneficiary does not become a public charge.
If Sponsor’s income falls short of the U.S. government’s minimum financial requirements for the Beneficiary, the Sponsor may be able to include the income of certain household members or dependents — but only if they meet specific criteria and agree to share legal responsibility.
Income can be included from the following individuals:
- Sponsor’s spouse;
- Relatives living in the Sponsor’s household (such as parents, siblings, or adult children);
- Unrelated dependents listed on your federal tax return, even if they live elsewhere.
The income of these individuals requires them to be at least eighteen (18) years old, their income must be readily available, and they must be willing to be legally responsible for supporting the Beneficiary. This is done by completing and signing Form I-864A, Contract Between Sponsor and Household Member.
Once signed, the household member becomes jointly responsible for supporting the Beneficiary, becomes a U.S. citizen, earns 40 qualifying quarters of work, or permanently departs the United States.
If you have any questions on how relatives and dependents can help you meet the income requirements for a Form I-864, contact us at info@enterimmi.com.