I-485 for Family-Based Immigration Denied: Insufficient I-864 Affidavit of Support
Attorney Jerry Zhang (02/12/2025)
For many individuals seeking a U.S. green card through family-based immigration, I-485 Application to Adjust Status is a critical step. However, insufficient I-864 Affidavit of Support frequently leads to denial of I-485 applications. This article explores this issue in depth and provides actionable strategies to address it.
I. The Importance of the I-864 Affidavit of Support
I-864, or “Affidavit of Support”, plays a pivotal role in family-based immigration applications. By submitting this form, the sponsor legally commits to financially supporting the immigrant applicant, ensuring they will not become a “public charge”. U.S. Citizenship and Immigration Services (USCIS) mandates that the sponsor’s income must meet or exceed 125% of the Federal Poverty Guidelines for their household size.
II. Common Reasons for I-864 Insufficiency
1. Insufficient Sponsor Income: This is the most common reason. The sponsor’s annual income must meet or exceed 125% of the federal poverty guidelines (refer to the official website of the US Department of Health and Human Services: https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines), The specific amount depends on the number of family members. (Family size includes sponsor, warrantee and other members).
For example, Mr. Wang is currently working as a clerk in a company in California, with a stable job but low income. The annual income is approximately $36,000. The number of family members is 4 (Mr. Wang, spouse, and their two children), and Mr. Wang's annual income does not meet or exceed 125% of the federal poverty guidelines , so he does not meet the requirements for a sponsor.
2. Inadequate Asset Documentation: If sponsor’s income falls short, assets may be used to bridge the gap. However, assets must be liquid, and their value must equal 5 times the income shortfall.
For example, Ms. Liu income was not meeting the federal poverty guidelines requirement of 125%, and the total value of her bank deposits and stocks did not reach five times the required threshold to make up for the income gap, this also became a decisive factor in the rejection of the I-485 application.
3. Unqualified Joint Sponsor: When the primary sponsor’s income is insufficient, a joint sponsor may be added. The joint sponsor must also meet income requirements and be a U.S. citizen or lawful permanent resident.
For example, Mr. Li is a permanent resident of the United States with an annual income of $50，000 and four family members. According to the federal poverty line standard, although he meets the 125% requirement, he cannot fully meet the living needs of the sponsored person, so he does not meet the conditions for joint sponsor.
4. Missing or Incorrect Documentation: Errors in the I-864 form, unsigned sections, or failure to submit required proofs (e.g., tax returns, pay stubs) can result in denial.
III. Strategies After an I-485 Denial Due to I-864 Issues
1. Review the Denial Notice Carefully: The notice will outline the specific reasons for denial. Use this information to address deficiencies.
2. Increase Income or Secure a Joint Sponsor: If income is insufficient, the sponsor may seek higher-paying employment or identify a qualified joint sponsor.
3. Supplement Asset Documentation: If assets are used to cover the income shortfall, the sponsor must ensure that all asset proofs are complete and comply with the requirements.
4. Refile the application: After resolving the issue of economic guarantees, refile I-485 application. Note that new filing fees will apply.
IV. Preventive Measures
1. Plan Ahead: Assess the sponsor’s financial capacity thoroughly before submitting the I-485 to confirm compliance with USCIS requirements.
2. Consult an Immigration Attorney: Immigration laws are complex and ever-changing. It is recommended to consult professional immigration lawyers to ensure that the application materials are complete and accurate.
3. Retain Copies of All Documents: Keep copies of every submitted form and supporting evidence for future reference.
V. Conclusion
While an inadequate I-864 Affidavit of Support is a common reason in I-485 applications, it is not insurmountable. By understanding denial reasons, implementing targeted solutions, and seeking expert assistance, applicants can significantly improve their chances of approval and ultimately achieve the dream of family reunification in the U.S.
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past
over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, P.C.
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(02/12/2025)