Q: Am I required to provide financial support if beneficiary earns above poverty level?

A: The petitioner always has to file an affidavit of support 864 form even if you don’t make the minimum income necessary to be their sponsor. The beneficiaries income can also count if they have legal permission to work and that income can be reflected on the 864 form. If you do not make the necessary minimum to sponsor the beneficiary family member, and the beneficiary family member does not have permission to work, then you will need a joint financial sponsor.

A: When you sign an Affidavit of Support (Form I-864), you're creating a legally binding contract that remains in effect regardless of your family member's current income. The key point to understand is that your obligation doesn't disappear simply because they're currently earning above the federal poverty level. Your commitment persists until specific conditions are met - your family member becomes a U.S. citizen, accumulates 40 quarters of work (about 10 years), permanently leaves the United States, or passes away.

In practical terms, if your family member maintains financial independence, you might not need to provide actual monetary assistance. However, the legal responsibility remains intact, meaning if their situation changes and they fall below the required income threshold, you could be required to provide support or face potential legal consequences. The government or the immigrant themselves could potentially take legal action to enforce the support obligation if needed.

This arrangement serves as a safety net, designed to ensure immigrants don't become dependent on government assistance programs. Even if the likelihood of needing to provide support seems minimal now due to their good income, it's important to fully understand the long-term commitment you're making. Before signing, you might want to consult with an immigration attorney who can explain how this obligation could affect your finances in various scenarios over the coming years.