Florida Affidavit of Support Lawyer (Form I-864)

What the Affidavit of Support Actually Is

The Affidavit of Support is required by section 213A of the Immigration and Nationality Act, codified at 8 U.S.C. § 1183a, with implementing regulations at 8 C.F.R. part 213a. By signing Form I-864, the sponsor contracts with the U.S. government to maintain the sponsored immigrant at an annual income of at least 125 percent of the Federal Poverty Guidelines.

Two consequences follow from the contract:

• The immigrant can sue the sponsor. Under 8 U.S.C. § 1183a(a)(1)(B), the sponsored immigrant may bring a support action against the sponsor if the sponsor fails to maintain that income level. Courts have repeatedly enforced these obligations, including after divorce.
• The government can seek reimbursement. If the sponsored immigrant receives means-tested public benefits, such as Medicaid, SNAP, TANF, or SSI, the agency that paid can demand reimbursement from the sponsor under 8 U.S.C. § 1183a(b).

Divorce does not end these obligations. Neither does a falling-out between family members. Sponsors in Miami are often surprised to learn this years after signing, which is why we walk every sponsor through the contract before filing.

Who Must File Form I-864

Under 8 C.F.R. § 213a.2, an Affidavit of Support from the petitioner is mandatory in:

• All immediate relative cases (spouses, parents, and unmarried children under 21 of U.S. citizens);
• All family preference cases (F1 through F4); and
• Employment-based cases where a relative filed the petition or owns 5 percent or more of the petitioning business.

The petitioner must always file an I-864, even if the petitioner's income is zero. If the petitioner cannot meet the income requirement, a joint sponsor files an additional I-864; the joint sponsor does not replace the petitioner's affidavit.

• Exemptions: Form I-864W

  A small group of applicants file Form I-864W instead and need no sponsor at all: immigrants who already have 40 qualifying quarters of Social Security-covered work (roughly ten years, and a spouse's quarters earned during the marriage count), and children who will become U.S. citizens automatically upon admission under INA § 320. We review work histories carefully because a spouse with a long employment record in Miami may already be exempt.

The Income Requirement: 125 Percent of the Poverty Guidelines

USCIS publishes the applicable thresholds each year on Form I-864P, usually updated in March when the Department of Health and Human Services issues new poverty guidelines. For 2025, the 125 percent thresholds include:

Sponsors on active duty in the U.S. armed forces who are sponsoring a spouse or child need only 100 percent of the guidelines.

The figure USCIS looks at first is the total income reported on the sponsor's most recent federal tax return, line 9 of Form 1040. Current income matters too, and a sponsor whose income has risen since the last tax year can document that with recent pay stubs and an employer letter. But if the most recent return falls short, expect scrutiny.

• A Worked Example

  A U.S. citizen in Miami petitions for her husband and his 10-year-old daughter. Her household size is three: herself, her husband, and her stepdaughter. She needs income of at least $33,312. Her 2024 Form 1040 shows total income of $30,000. She is $3,312 short.

  Her options, in order of practicality:

  1. Current income. If she received a raise in January and now earns $35,000, six months of pay stubs and an employer letter can establish current income above the threshold.
  2. Assets. Because she is a U.S. citizen sponsoring her spouse, she needs assets worth three times the shortfall: 3 × $3,312 = $9,936 in net, readily convertible assets such as savings or home equity.
  3. A household member's income. An adult relative living at her Miami address can sign Form I-864A and combine income with hers.
  4. A joint sponsor. A separate qualifying person files an independent I-864.

Counting Household Size Correctly

Household size errors are the single most common I-864 mistake we correct. Under 8 C.F.R. § 213a.1, the household includes:

• The sponsor;
• The sponsor's spouse and unmarried children under 21, even if they live elsewhere;
• Anyone claimed as a dependent on the sponsor's most recent tax return;
• The intending immigrant and all derivative family members immigrating with them; and
• Anyone the sponsor previously sponsored on an I-864 whose obligation has not terminated.

That last category trips up repeat sponsors. A Miami resident who sponsored a sibling five years ago must still count that sibling in the household unless the sibling has naturalized or earned 40 quarters. Each additional person raises the income threshold by several thousand dollars.

Using Assets to Fill the Gap

Assets must equal five times the difference between the sponsor's income and the required threshold, with two exceptions: three times the shortfall when a U.S. citizen sponsors a spouse or child, and the full shortfall (one times) for an orphan case. Qualifying assets include cash, stocks, bonds, and the net value of real estate after mortgages and liens. The intending immigrant's own assets can count as well. Assets must be convertible to cash within one year without significant hardship, so retirement accounts with heavy withdrawal penalties draw questions.

Joint Sponsors and Household Members

A joint sponsor must be a U.S. citizen or lawful permanent resident, at least 18 years old, and domiciled in the United States. The joint sponsor must meet the 125 percent threshold on their own income and household size; a joint sponsor cannot combine income with the petitioner. A married joint sponsor whose spouse's income is needed must have the spouse sign Form I-864A as a household member.

No family relationship to the immigrant is required, but the joint sponsor takes on the same enforceable contract as the petitioner. We prepare joint sponsors for that reality in plain terms before they sign, and we frequently advise in Spanish for families in Miami. See our page for an abogado de inmigración en Florida.

The Domicile Problem in Consular Cases

Sponsors must be domiciled in the United States. This becomes an issue in consular processing cases where the petitioner has been living abroad with the immigrating spouse. The sponsor must show either that the stay abroad was temporary or that concrete steps have been taken to reestablish U.S. domicile: a lease or home purchase in Miami, a job offer, school enrollment for children, or transferred bank accounts. Consular cases that involve prior unlawful presence often pair the I-864 with a provisional unlawful presence waiver under Form I-601A, and we coordinate both filings so the National Visa Center stage moves without gaps.

When the Sponsor's Obligation Ends

Under 8 U.S.C. § 1183a(a)(2) and (3), the I-864 obligation terminates only when the sponsored immigrant:

• Becomes a U.S. citizen;
• Is credited with 40 qualifying quarters of work;
• Ceases to be a lawful permanent resident and permanently departs the United States;
• Obtains a new grant of adjustment with a new sponsor in removal proceedings; or
• Dies. The sponsor's death also ends future obligations, though the sponsor's estate may owe support accrued before death.

For spouses of U.S. citizens, the obligation typically runs through the two-year conditional residence period and the Form I-751 removal of conditions stage, ending only at naturalization or the 40-quarter mark. Sponsors should budget for the full term.

Common I-864 Problems We Fix

• Self-employment income. Miami has a high share of self-employed sponsors. USCIS uses total income after business deductions, not gross receipts. A contractor grossing $90,000 who deducts down to $28,000 on Schedule C does not qualify for a household of three.
• Missing tax returns. A sponsor who was required to file and did not must file late returns before the I-864 can be approved. IRS tax return transcripts are the cleanest evidence; we request them directly.
• Cash income. Income that never appears on a tax return does not count. We restructure these cases around documented income, assets, or a joint sponsor.
• Public charge confusion. The I-864 is a required element of the separate public charge analysis under INA § 212(a)(4). A technically sufficient affidavit can still leave public charge questions, and we address both.
• RFEs and NVC rejections. The National Visa Center and USCIS reject affidavits for unsigned pages, mismatched household counts, and missing transcripts. A corrected, well-documented resubmission usually resolves the issue in one round.

How Our Miami Firm Handles I-864 Cases

We do not treat the Affidavit of Support as an afterthought. Before filing, we calculate household size, verify income against tax transcripts, identify exemptions, and decide whether assets, a household member, or a joint sponsor is the right fix for any shortfall. We prepare sponsors and joint sponsors with a written explanation of the contract they are signing. If a case has already drawn an RFE or a consular refusal on income grounds, we rebuild the financial package and respond within the deadline, which is typically 87 days for a USCIS RFE and shorter for NVC correspondence.

Your Income Falls Short or Your I-864 Was Rejected?

We review your tax transcripts, recalculate your household size, and tell you the same day whether you qualify on income, on assets, or need a joint sponsor. If USCIS or the National Visa Center has already flagged your Affidavit of Support, we prepare a corrected package with the documentation the adjudicator is actually asking for. Contact our Miami office to schedule a consultation.

You can contact the Law Offices of Albert Goodwin by phone at 786-522-1411 or by email at [email protected].