Does my spouse need to submit Form I-864 (Affidavit of Support)?

In the context of EB-3 visas, which are employment-based categories for skilled workers, professionals, and other workers, it is common to have questions about the necessity of submitting certain forms, such as Form I-864 (Affidavit of Support). This form is, for the most part, associated with family-based immigration processes, where a sponsor (usually a U.S. citizen or lawful permanent resident) commits to financially supporting the immigrant so that they do not rely on public benefits.

In the specific case of the EB-3 visa, the petition process is based on a job offer in the United States, and the employer is responsible for demonstrating that the position for which you were hired does not adversely affect the local labor market. Since the sponsorship system is linked to the employment relationship-and not a family relationship-neither the principal applicant nor the spouse (or other dependents) generally need to submit Form I-864.

What is required in adjustment of status processes or during consular processing in these cases is proof that the immigrant, through the offered employment, will be able to support themselves without resorting to government benefits.

It is essential to remember that U.S. immigration laws are subject to change and that the analysis of each case must consider the specifics of the personal and professional situation. For this reason, it is important to always rely on updated information and, if necessary, consult official sources or specialized professionals-without promising results or guaranteeing approvals-to avoid falling victim to scams or marketing campaigns that promise quick and miraculous solutions.

Staying well informed and following guidance according to current legislation is the safest way to conduct any immigration process. Each step of the process, especially in cases of changes or doubts, requires caution and attention to ensure all requirements are correctly met and that the journey through legal procedures is successful.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.