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.
Frequently Asked Questions
Can a household member help a sponsor meet the I-864 income requirements?
Yes – through Form I-864A. Must be 18+, have available income, and accept joint legal liability.
Does a household member need to live at the same address as the sponsor?
Generally yes – except dependents listed on the sponsor’s federal tax return who do not need to share the same address.
What is the difference between Form I-864A and a joint sponsor’s I-864?
I-864A: income pooled with sponsor’s. Joint sponsor I-864: must independently satisfy full income requirement, no co-residence needed, no relationship required.
Can the person who signs I-864A be sued if the intending immigrant receives public benefits?
Yes – joint legal liability with the primary sponsor. Government may sue both to recover public benefits paid.
Can a U.S. citizen sponsor living overseas use Form I-864A?
Possible but complex. In many overseas situations, a joint sponsor in the U.S. may be more practical than I-864A.
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@enterlinepartners.com.
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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
