1. What are the Affidavit of Support requirements?

The Affidavit of Support is a legal document that is used to demonstrate that the sponsor of an immigrant has sufficient income or assets to support the applicant. The requirements for a valid Affidavit of Support depend on the specific immigration status being applied for, but generally include the following:

• The sponsor must be a U.S. citizen or Legal Permanent Resident
• The sponsor must demonstrate an income or net worth at least 125% of the U.S. poverty level
• The sponsor must sign the form in front of a notary public
• The sponsor must provide proof of income and/or assets
• The sponsor must agree to financially support the immigrant for any period of time in which they cannot support themselves
• The sponsor must provide a copy of their tax return
• The sponsor must provide evidence of their relationship with the immigrant (if applicable)
• The form must be filed with USCIS prior to the immigrant’s entry into the U.S.

2. Who is eligible to submit an Affidavit of Support?

U.S. citizens and permanent residents can submit an Affidavit of Support on behalf of someone immigrating to the United States. The Affidavit of Support is a legal contract between the sponsor and the U.S. government, and serves as a guarantee that the sponsored immigrant will not become a public charge while in the United States.

3. What are the income requirements for an Affidavit of Support?

The U.S. Citizenship and Immigration Services (USCIS) requires that a sponsor filing an Affidavit of Support must demonstrate an income of at least 125% of the Federal Poverty Guidelines for their household size. The household size includes the sponsor, the sponsored individual, and any other individuals who are listed as dependents on the sponsor’s tax return.

4. Do I need to provide evidence of my financial status with the Affidavit of Support?

Yes, you will need to provide evidence of your financial status with the Affidavit of Support. This evidence could include bank statements, proof of income, property ownership, or other financial documents.

5. Do I need to provide evidence of my current employment status with the Affidavit of Support?

Yes, you must provide evidence of your current employment status with the Affidavit of Support. This can be a letter from your employer or a recent pay stub.

6. How must the assets be documented in order to show an adequate financial status?

In order to accurately document and show an adequate financial status, assets must be adequately tracked, monitored, and reported on. This includes tracking income and expenses, recording purchase and sale details of assets, as well as generating balance sheets and income statements. Financial documents should also include comprehensive information such as bank account activities, accounting records, investments, assets owned, liabilities and other financial data. For more complex organizations, more comprehensive documentation may be necessary. Additionally, assets must be valued and reported on in accordance with applicable laws and regulations.

7. What are the obligations of the sponsor under an Affidavit of Support?

The obligations of the sponsor under an Affidavit of Support are to provide the required level of financial support for the sponsored immigrant until they become a US citizen, can be credited with 40 quarters of work, or can be credited with 40 quarters of work including credits from their sponsor. The sponsor is also expected to financially support the sponsored immigrant in cases of need, such as medical assistance, food stamps, or other public assistance programs. Additionally, the sponsor is responsible for any debts the sponsored immigrant may incur while in the US.

8. What happens if the sponsor does not fulfill their obligations under an Affidavit of Support?

If the sponsor does not fulfill their obligations under an Affidavit of Support, the sponsored individual may become subject to removal from the United States and could be denied future immigration benefits. The sponsor may also be subject to civil or criminal penalties depending on the circumstances.

9. How long does an Affidavit of Support remain in effect?

An Affidavit of Support remains in effect until the sponsored immigrant has become a U.S. citizen or has worked or can be credited with 40 quarters of work (usually 10 years).

10. Can I withdraw my Affidavit of Support before it expires?

Yes. The affidavit of support may be withdrawn before the expiration date if you can show that it is no longer needed. Reasons for withdrawing an affidavit of support might include the I-864 sponsor’s death, divorce, or bankruptcy.

11. What are the penalties for submitting a false or incomplete Affidavit of Support?

If a false or incomplete Affidavit of Support is submitted, the immigration authorities may deny the immigrant’s application for a visa, green card, or other immigration benefit. The sponsor may also be subject to civil and/or criminal penalties for making a false statement or misrepresentation.

12. How do I prove that I am a U.S. citizen or national in order to file an Affidavit of Support?

You must submit acceptable documents to prove your U.S. citizenship or nationality. Acceptable documents for citizenship include a U.S. passport, birth certificate, certificate of naturalization, or certificate of citizenship. Acceptable documents for nationality include evidence of U.S. Indian Tribe membership, a Certificate of Non-Citizen Nationality, or a Northern Mariana Card (Form I-873). If you do not have any of these documents, then you must submit other evidence of your U.S. citizenship or nationality, such as a school or church record showing your U.S. place of birth.

13. Are there any specific documents that must be included with the Affidavit of Support?

The Affidavit of Support must include the sponsor’s original or certified copy of their most recent federal income tax return. It must also include other documentation to support the sponsor’s income, such as pay stubs, W-2 forms, and letters from employers verifying income.

14. Does the sponsor need to sign the form in front of a notary public?

No, generally sponsors do not need to sign the form in front of a notary public. However, it is generally recommended that sponsors sign an affidavit of support in front of a notary public or other qualified witness to ensure the validity of the affidavit and to provide additional proof of the sponsor’s identity.

15. Do I need to submit additional documents if I am using a co-sponsor for my Affidavit of Support?

Yes, if you are using a co-sponsor, you will need to submit additional documents. It is important to consult with an immigration lawyer to ensure that your affidavit of support is in compliance with the U.S. immigration laws.

16. Can I use a joint sponsor for my Affidavit of Support?

Yes, you may use a joint sponsor to help meet income requirements for an affidavit of support. A joint sponsor must be a U.S. citizen or permanent resident, and the same rules for the primary sponsor apply to the joint sponsor.

17. Can one spouse be a co-sponsor for another spouse’s Affidavit of Support?

No. The affidavit of support must be completed by a qualifying relative or jointly by the petitioner and a qualifying relative. Co-sponsors are not allowed for spousal petitions.

18. Is there a minimum age requirement for sponsors filing an Affidavit of Support?

Yes, sponsors filing an Affidavit of Support must be at least 18 years old.

19. What is the filing fee for an Affidavit of Support?

The filing fee for an Affidavit of Support is $120.

20. How long does it take for USCIS to process an Affidavit of Support?

The processing time for an Affidavit of Support is typically 6 to 12 weeks. This processing time can be affected by several factors, including the accuracy and completeness of the application, the availability of necessary documents, and the current workload and resources available to USCIS.