Introduction
Navigating the U.S. immigration system requires a variety of legal documents to ensure that applicants meet financial, legal, and character-based criteria. One of the most critical documents in family-based immigration and certain employment-based applications is the Affidavit of Support (Form I-864). This legally binding document ensures that an intending immigrant has adequate financial support and will not become a public charge in the United States. This is particularly important in Hawaii, Washington D.C., New Jersey, Maryland, and New York, where high living costs and state-specific regulations influence financial sponsorship requirements.
In this article, we’ll cover everything you need to know about the Affidavit of Support, including:
- What it is and why it’s required.
- Who needs to submit an I-864.
- The different types of Affidavit of Support forms (I-864, I-864EZ, I-864A, and I-864W).
- State-specific considerations in Hawaii, Washington D.C., New Jersey, Maryland, and New York.
- Costs, legal implications, and tips to ensure your application gets approved.
📖 Source: USCIS – Affidavit of Support Overview
1. What is an Affidavit of Support (Form I-864)?
The Affidavit of Support is a legal contract between a sponsor (U.S. citizen or green card holder) and the U.S. government, ensuring that the sponsored immigrant will not rely on public benefits. This financial guarantee is required in most family-based immigration cases and certain employment-based cases where a relative owns a significant part of the sponsoring company.
1.1. Who Needs to Submit an Affidavit of Support?
📌 Required for:
- Immediate relatives of U.S. citizens (spouse, parents, unmarried children under 21).
- Family preference immigrants (siblings, adult children of U.S. citizens and green card holders).
- Certain employment-based immigrants if a relative owns at least 5% of the business sponsoring the immigrant.
📌 Not required for:
- Refugees and asylees.
- Self-petitioning immigrants under VAWA (Violence Against Women Act).
- Immigrants who have worked 40 qualifying quarters in the U.S. under Social Security.
📖 Source: USCIS Policy Manual – Affidavit of Support
2. Types of Affidavit of Support Forms
There are four versions of Form I-864, depending on the immigrant’s situation, and the choice of form can vary based on geographic and economic conditions. For example, high-cost states like Hawaii and New York often require additional financial proof, while states like Maryland and New Jersey have strict evaluations of joint sponsorships. Washington D.C., with its focus on public charge assessments, may require additional supporting documents to justify financial eligibility.
📖 Source: USCIS Forms & Documents
2. Types of Affidavit of Support Forms
There are four versions of Form I-864, depending on the immigrant’s situation.
📖 Source: USCIS Forms & Documents
3. Financial Requirements for Sponsors
o qualify as a sponsor, your income must meet or exceed 125% of the Federal Poverty Guidelines (100% for active-duty military sponsoring a spouse or child). For example, if a sponsor in New York has a household of four, they must earn at least $34,687 per year to qualify. In Hawaii, due to the higher cost of living, the required income for the same household is $40,587. If the sponsor falls short, they may compensate with joint sponsorship or asset-based contributions such as bank savings, real estate, or investment holdings.
3.1. 2025 Federal Poverty Guidelines for Affidavit of Support
📖 Source: Federal Register – 2025 Poverty Guidelines
If the sponsor’s income does not meet the required threshold, they may:
✔ Use household members’ income (I-864A). For example, if a primary sponsor in New York falls short by $5,000, but their spouse earns enough to cover the difference, they can file a joint household contribution.
✔ Count assets (bank savings, stocks, property). If a sponsor in Hawaii is $10,000 short of the required income, they may offset this by demonstrating ownership of assets worth three times the deficit ($30,000 in savings, real estate, or investments).
✔ Have a joint sponsor (a second U.S. citizen or green card holder who meets the income requirement). In Washington D.C., where higher scrutiny applies, a joint sponsor—such as a friend or extended family member—can step in to assume financial responsibility if the primary sponsor does not qualify alone.
4. State-Specific Considerations for Affidavit of Support
While the Affidavit of Support is a federal requirement, state-level policies, cost of living, and court interpretationscan vary. Below are considerations for key states:
Hawaii: High Cost of Living and Additional Financial Requirements
Hawaii has one of the highest living costs in the U.S., which impacts the financial requirements for sponsors. Sponsors in Hawaii often need to:
- Show higher income thresholds compared to mainland states.
- Provide additional financial documents proving their ability to support an immigrant.
- Consider joint sponsorship if their income does not meet the elevated poverty guidelines.
For example, a household of four in Hawaii needs an income of $40,587, compared to $34,687 in the continental U.S.If the sponsor falls short, they can compensate with bank savings or assets worth at least three times the shortfall amount.
Washington D.C.: Stricter Scrutiny on Joint Sponsors
As the political and administrative hub of the U.S., Washington D.C. enforces strict scrutiny over financial sponsorships. Applicants may face:
- Higher rejection rates for joint sponsors who lack sufficient financial history.
- Greater emphasis on public charge policies, ensuring that immigrants will not rely on government assistance.
- The need to prove financial stability with extensive tax records and employment verification.
For instance, a joint sponsor in D.C. may be required to show additional years of tax returns compared to other states.
New Jersey: Large Immigrant Population and Increased Processing Times
New Jersey has a large and diverse immigrant population, leading to an influx of applications and extended processing times. Key factors include:
- Higher competition for sponsorship approvals.
- Emphasis on the sponsor’s financial track record, including stable employment and consistent tax filings.
- Possible additional verification steps for self-employed sponsors.
For example, a sponsor in New Jersey running a small business may need to submit more extensive financial recordsthan a salaried employee.
Maryland: Strict Public Charge Evaluations
Maryland enforces one of the strictest interpretations of public charge policies, meaning:
- Sponsors must submit detailed financial proof, including asset breakdowns and long-term employment records.
- Additional scrutiny is placed on low-income sponsors to ensure financial stability.
- Immigrants with pre-existing government assistance history may face more challenges in proving self-sufficiency.
For instance, a sponsor earning near the minimum income requirement may be required to supplement their application with extra supporting documents, such as investment records.
New York: High Case Volume and Legal Assistance Recommendations
Due to New York’s high immigrant population, the state processes thousands of Affidavit of Support applications annually. Challenges include:
- Longer waiting times due to case volume.
- A high demand for legal assistance, as many applicants seek help from immigration attorneys.
- Judicial reviews that may request additional evidence before approval.
For example, sponsors in New York may benefit from hiring an immigration attorney to ensure their forms and supporting documents are properly prepared, avoiding unnecessary delays.
📖 Source: National Immigration Law Center
5. How to Complete and Submit Affidavit of Support Forms
5.1 Form I-864: Standard Affidavit of Support
Who should file: Primary sponsors of family-based and certain employment-based immigrants.
✔ Step 1: Gather Required Documents
- Proof of U.S. citizenship/green card (passport, birth certificate).
- Most recent tax returns (IRS Form 1040 & W-2s).
- Proof of income (pay stubs, employer letter, bank statements).
- Proof of assets (real estate, investments, retirement accounts, etc.).
✔ Step 2: Fill Out the Form
- Ensure income calculations are correct.
- Confirm household size matches tax filings.
- Provide legible signatures.
✔ Step 3: Submit the Form
- For Adjustment of Status, submit with Form I-485.
- For consular processing, send it to the National Visa Center (NVC).
📖 Source: USCIS Form I-864 Instructions
5.2 Form I-864EZ: Simplified Affidavit of Support
Who should file: Sponsors who are the sole financial sponsor and meet income requirements without additional household members.
✔ Step 1: Gather Required Documents
- Proof of U.S. citizenship/green card.
- Proof of employment and sufficient income (W-2 and recent pay stubs).
✔ Step 2: Fill Out the Form
- Confirm that no joint sponsors or household members are used for financial qualification.
- Provide details of current employment and salary.
✔ Step 3: Submit the Form
- Attach Form I-485 or submit to NVC as applicable.
📖 Source: USCIS Form I-864EZ Instructions
5.3 Form I-864A: Contract Between Sponsor and Household Member
Who should file: Sponsors who need to include household members’ income to meet financial requirements.
✔ Step 1: Gather Required Documents
- Proof of household member’s residency and income.
- Signed agreement between the primary sponsor and household member.
✔ Step 2: Fill Out the Form
- Household member must provide financial details and sign the form.
- Income from the household member should match tax filings.
✔ Step 3: Submit the Form
- Must be filed along with Form I-864.
- Attach proof of household relationship (such as birth certificates or marriage licenses).
📖 Source: USCIS Form I-864A Instructions
5.4 Form I-864W: Exemption from Affidavit of Support
Who should file: Applicants who qualify for an exemption and do not need a financial sponsor.
✔ Step 1: Determine Eligibility
- Have accumulated 40 qualifying quarters of work in the U.S.
- Be a self-petitioning widow(er) or battered spouse/child under VAWA.
- Be an orphan adopted by a U.S. citizen.
✔ Step 2: Fill Out the Form
- Provide documentation supporting exemption claim.
- List work history if using the 40 qualifying quarters exemption.
✔ Step 3: Submit the Form
- Submit alongside Form I-485 or during consular processing.
📖 Source: USCIS Form I-864W Instructions
6. AI-Powered Legal Services for Drafting Affidavit of Support
As the demand for digital legal assistance grows, various AI-driven platforms offer tools to help applicants draft immigration-related documents, including Affidavits of Support. Below is a comparative overview of some of the top AI-based legal services available in 2025.
6.1 AI Lawyer
Description: AI Lawyer is an advanced legal automation platform that specializes in drafting and reviewing legal documents, including immigration forms like the Affidavit of Support. It leverages AI to analyze legal requirements and customize documents based on the applicant’s information.
✔ Pros:
- Automated generation of legally sound documents.
- AI-powered error detection and compliance checks.
- Customizable templates tailored to state-specific regulations.
- Affordable alternative to traditional legal consultation.
✖ Cons:
- Limited human review, requiring users to verify final outputs.
- May not cover complex immigration cases requiring legal strategy.
📖 Website: AI Lawyer
6.2 Rocket Lawyer
Description: Rocket Lawyer is a well-known online legal service that provides document automation and on-demand attorney consultations.
✔ Pros:
- User-friendly interface for generating Affidavits of Support.
- Option to consult attorneys for a fee.
- Offers membership-based pricing, reducing per-document costs.
✖ Cons:
- Some features locked behind a subscription.
- Limited support for highly specific immigration scenarios.
📖 Website: Rocket Lawyer
6.3 LegalZoom
Description: LegalZoom is one of the most popular online legal document services, offering immigration-related templates and filing assistance.
✔ Pros:
- Well-established and trusted brand in legal services.
- Provides human attorney assistance for review and filing.
- Offers step-by-step guidance on legal documents.
✖ Cons:
- Higher pricing compared to AI-first platforms.
- Slower processing times for document generation.
📖 Website: LegalZoom
6.4 LawDepot
Description: LawDepot provides DIY legal documents, including Affidavits of Support, with pre-built templates and customization options.
✔ Pros:
- Quick, template-based document drafting.
- One-time purchase option without recurring subscriptions.
- Covers a wide variety of legal document needs.
✖ Cons:
- Not AI-powered – lacks smart automation.
- Does not include legal consultation services.
📖 Website: LawDepot
6.5 Nolo
Description: Nolo offers legal books, forms, and software to help applicants prepare their own legal paperwork.
✔ Pros:
- Extensive library of legal guides for immigration.
- One-time purchase options with no ongoing fees.
- Great for those who want detailed, self-directed guidance.
✖ Cons:
- Not a direct AI-powered service – requires manual completion.
- Lacks real-time AI-based error detection.
📖 Website: Nolo
6.6 DoNotPay
Description: Marketed as the “AI lawyer for the people,” DoNotPay uses automation and AI to assist with legal forms, including immigration paperwork.
✔ Pros:
- Fully AI-driven legal automation.
- Cost-effective for handling multiple documents.
- Legal chatbot assistance for quick inquiries.
✖ Cons:
- Limited customization for complex immigration cases.
- Not specialized for Affidavit of Support processing.
📖 Website: DoNotPay
Final Thoughts
The Affidavit of Support is a legally binding contract that plays a critical role in U.S. immigration. While AI-powered legal services like AI Lawyer, Rocket Lawyer, and LegalZoom provide efficient ways to draft and review documents, some complex cases may still require human legal expertise.
For more information on immigration support letters, costs, and financial requirements, check out our other articles:
- 📌 How Much Does an Immigration Lawyer Cost in 2025?
- 📌 Everything You Need to Know About Immigration Letter of Support
- 📌 AI Lawyer for Car Accident Legalities in Michigan
🚀 Need help drafting an Affidavit of Support? Try AI Lawyer’s document automation tool today!
