1. What is an Affidavit of Support?

An Affidavit of Support is a legal document in which the sponsor of an immigrant promises to financially support someone seeking to enter or remain in the United States. It guarantees that the immigrant will have enough financial resources to cover their essential needs and will not become a public charge.

2. Who can file an Affidavit of Support?

An Affidavit of Support can be filed by a U.S. citizen or legal permanent resident who is 18 or older, and who has adequate means of financial support to provide for the intending immigrant.

3. How do I prepare an Affidavit of Support?

To prepare an Affidavit of Support, you will need to provide the following information:

1. Your name, address, and contact information.
2. Your relationship to the individual for whom you are providing the affidavit.
3. Your financial information, including income sources, assets, and liabilities.
4. A statement of your willingness to financially support the individual and an estimate of the amount of financial support that you are able to provide.
5. A statement that you understand that you are responsible for financially supporting the individual for a period of time, as set forth by the relevant law or regulation.
6. Your signature and date of signing.
7. Notarization or other certification of your signature, as required by law.

4. How much financial support does an Affidavit of Support provide?

An Affidavit of Support is a legal document that provides financial support for an immigrant who is coming to the United States. The person providing the financial support is responsible for ensuring that the immigrant has enough financial resources to cover their living expenses and can support themselves without relying on public benefits. The amount of financial support provided depends on the specifics of the affidavit, but typically covers living expenses such as housing, food, health care, and other essential needs.

5. What are the requirements to qualify for an Affidavit of Support?

In order to qualify for an Affidavit of Support, the petitioner must meet certain requirements, including having a minimum household income of at least 125% of the Federal Poverty Guidelines for their family size, having a steady income and assets to support the intending immigrant, and having a valid U.S. passport or any other form of identification. The petitioner must also prove that they can support the intending immigrant at least until the immigrant becomes a U.S. citizen or can be credited with 40 quarters of work (generally 10 years). The petitioner must also have signed a form I-864, Affidavit of Support, and submit the required supporting documents, such as proof of income and proof of assets.

6. Who is eligible to receive benefits from an Affidavit of Support?

An Affidavit of Support is used to sponsor an individual (known as the “beneficiary”) for a US visa or green card. Eligible individuals include immediate relatives of US citizens, such as spouses, unmarried children under the age of 21, and parents. Other eligible individuals include family members who are the beneficiaries of certain family-based immigrant visas, such as siblings, adult children, and spouses of lawful permanent residents.

7. How long does the Affidavit of Support remain valid?

The Affidavit of Support is valid until it is withdrawn or replaced with a new one, or until the sponsored immigrant no longer meets the requirements to be considered as a “dependent” of the sponsor.

8. Is there a fee to submit an Affidavit of Support?

Yes, there is a fee to submit an Affidavit of Support. The fee depends on the type of immigration form you are applying for.

9. What documents are required to file an Affidavit of Support?

When filing an Affidavit of Support, the following documents may be required:

1. Proof of U.S. citizenship or legal permanent resident status (e.g. a copy of your passport, birth certificate, naturalization certificate, or green card)

2. Proof of identity (e.g. driver’s license, state ID card, or passport)

3. Proof of income (e.g. tax returns, pay stubs, or bank statements)

4. Employment verification letter from your current employer

5. Documentation of assets (e.g. property deeds, stock certificates, etc.)

6. Evidence of any government benefits you may receive (e.g. Social Security payments, disability payments, etc.)

10. How does the sponsor demonstrate that he/she can financially support the immigrant?

The sponsor must provide proof of their income and assets to demonstrate that they can financially support the immigrant. This could include income tax returns, pay stubs, bank statements, and letters from employers or other sources of income. They will also have to fill out an I-864 Affidavit of Support form, which outlines the sponsor’s financial obligations.

11. What happens if the sponsor fails to meet his/her responsibilities as defined in the Affidavit of Support?

If the sponsor fails to meet their responsibilities as defined in the Affidavit of Support, they may be asked by the USCIS or Department of State to provide proof of their ability to support the sponsored individual. If they are unable to provide such proof, they may be held financially liable for any public benefits used by the sponsored individual.

12. Can the immigrant use the benefits provided by the sponsor?

No, the immigrant cannot use benefits provided by the sponsor. The sponsor will provide financial support for the immigrant to cover basic living expenses such as food, shelter, and clothing, but the immigrant is not allowed to use these funds for any other purpose.

13. Can the sponsor withdraw his/her support after signing the Affidavit of Support?

Yes, the sponsor can withdraw their support after signing the Affidavit of Support. However, the U.S. government may still hold the sponsor accountable for any public benefits received by the sponsored immigrant.

14. Are there any penalties for submitting false information on an Affidavit of Support?

Yes, there are penalties for submitting false information on an Affidavit of Support. The person submitting the false information can face civil and criminal penalties, including fines and jail time. Additionally, the person submitting the false information may be barred from sponsoring future immigrants or from entering the United States.

15. Does the sponsor have any legal obligations after signing an Affidavit of Support?

Yes, the sponsor has certain legal obligations after signing an Affidavit of Support. The sponsor is legally responsible for financially supporting the person they are sponsoring, and must do so until the person can be credited with 40 quarters of work (10 years). The sponsor must also reimburse the government for any public benefits used by the sponsored person.

16. Are there any limitations on providing benefits to immigrants through an Affidavit of Support?

Yes, there are some limitations on providing benefits to immigrants through an Affidavit of Support. For example, immigrants sponsored on an Affidavit of Support are not eligible for certain public benefits such as Supplemental Security Income, Temporary Assistance for Needy Families, and most forms of Medicaid. Additionally, the sponsor’s income must meet certain requirements in order to be considered sufficient to provide support.

17. Will my income be taken into account when determining eligibility for an Affidavit of Support?

Yes, an individual’s income is taken into account when determining eligibility for an Affidavit of Support.

18. How much financial responsibility does the sponsor assume when signing an Affidavit of Support?

When signing an Affidavit of Support, the sponsor assumes full financial responsibility for the sponsored immigrant and any accompanying dependents. This means the sponsor must demonstrate they have the necessary income or assets to support the sponsored immigrant at 125% of the federal poverty line for their household size.

19. What happens if I need to modify or terminate my obligation under an Affidavit of Support?

If you need to modify or terminate your obligation under an Affidavit of Support, you can contact the U.S. Citizenship and Immigration Services (USCIS). They will evaluate the situation and determine if any action is necessary. In some cases, the USCIS may require proof of termination or modification.

20. Does an Affidavit of Support affect my taxes or other legal obligations as a sponsor?

Yes. By signing an Affidavit of Support, the sponsor agrees to use their financial resources to support the beneficiary in case of need. The sponsor may also be responsible for any legal obligations that arise related to the support of the beneficiary, such as paying back taxes or other debts.