1. What is a United States Affidavit of Support?

A United States Affidavit of Support is a legal document that is required for certain immigrant visa applications or adjustment of status processes. It is used to demonstrate that the intending immigrant has a sponsor who has sufficient financial means to support them and prevent them from becoming a public charge in the United States. The sponsor must promise to provide financial support to the immigrant beneficiary and ensure that they have access to the necessary resources to meet basic living requirements. This is an important component of the immigration process to ensure that immigrants are not solely reliant on public benefits and can support themselves once in the country. The affidavit of support is typically filed by the sponsor along with other required documents to demonstrate eligibility for immigration benefits.

2. Who is required to submit a United States Affidavit of Support?

1. A United States Affidavit of Support, Form I-864, is required to be submitted by a sponsor when a foreign national is seeking an immigrant visa or adjustment of status based on a family-sponsored petition. This typically occurs when the petitioner, who is usually a U.S. citizen or lawful permanent resident, is sponsoring a family member for immigration to the United States. The purpose of the Affidavit of Support is to demonstrate that the sponsor has the financial ability to support the intending immigrant and ensure that they will not become a public charge in the United States.

2. In addition to family-based immigration cases, sponsors may also be required to submit a Form I-864 in certain employment-based immigration cases where a financial sponsor is needed to ensure support for the immigrant. This helps prove that the immigrant will have adequate financial resources and will not rely on public benefits. Ultimately, the United States Affidavit of Support is a crucial document in the immigration process, serving to establish the sponsor’s willingness and ability to provide financial support to the intending immigrant.

3. What are the income requirements for a United States Affidavit of Support?

The income requirements for a United States Affidavit of Support vary depending on the specific situation. Generally, the sponsor’s income must be at least 125% of the current Federal Poverty Guidelines for their household size in order to qualify. However, there are various factors that can impact the required income, such as the number of people being sponsored and the sponsor’s household size. In some cases, the sponsor may need to provide evidence of additional assets or resources to meet the financial requirements. It is important for sponsors to carefully review the current guidelines and requirements to ensure they are able to meet the income threshold for the Affidavit of Support.

4. Can a joint sponsor be used for a United States Affidavit of Support?

Yes, a joint sponsor can be used for a United States Affidavit of Support. This is a common practice when the primary sponsor does not meet the financial requirements on their own. A joint sponsor is someone who is willing to financially support the intending immigrant alongside the primary sponsor. In order for a joint sponsor to be accepted, they must meet the same eligibility requirements as the primary sponsor, including demonstrating sufficient income or assets to support the immigrant at 125% of the Federal Poverty Guidelines. The joint sponsor will need to complete a separate Form I-864, Affidavit of Support, and provide all necessary financial documentation to prove their ability to support the immigrant. It’s important to note that both the primary sponsor and the joint sponsor are legally responsible for financially supporting the immigrant and can be held liable if the immigrant receives public benefits.

5. What documents are needed to support a United States Affidavit of Support?

To support a United States Affidavit of Support, several key documents are typically needed:

1. Form I-864, Affidavit of Support: This is the official form required by the U.S. government to sponsor an immigrant and demonstrate financial ability to support them.

2. Proof of Income: This can include recent tax returns, W-2 forms, pay stubs, or any other documentation that shows the sponsor’s income meets or exceeds the minimum required amount to support the immigrant.

3. Proof of Employment: Sponsors may need to provide employment verification letters, job contracts, or other documentation to prove their current employment status.

4. Proof of Assets: If the sponsor’s income does not meet the minimum requirement, they can show assets such as bank statements, property deeds, or investment accounts to demonstrate financial stability.

5. Other Supporting Documents: Additional documents, such as a copy of the sponsor’s passport or proof of residency, may also be required to complete the Affidavit of Support process.

Overall, these documents are crucial in proving the sponsor’s financial ability to support the immigrant and ensuring that the Affidavit of Support application is processed smoothly.

6. How long is a United States Affidavit of Support valid for?

A United States Affidavit of Support is valid indefinitely, meaning there is no specific expiration date associated with the document itself. However, the responsibility of the sponsor under the affidavit of support ends under certain circumstances, such as when the sponsored immigrant becomes a U.S. citizen, completes 40 quarters of work, dies, or leaves the United States permanently. It is important for sponsors to understand that signing an affidavit of support is a legally binding commitment to financially support the immigrant for whom they are sponsoring, so taking on this responsibility should be carefully considered and understood.

7. What are the consequences of not submitting a United States Affidavit of Support?

1. One of the main consequences of not submitting a United States Affidavit of Support is that the intending immigrant may be deemed inadmissible to the United States. The Affidavit of Support is a requirement to demonstrate that the immigrant will not become a public charge and that there is financial sponsorship available to support them. Without this assurance, the U.S. government may question the immigrant’s ability to support themselves financially and may deny their visa application or adjustment of status.

2. Additionally, not submitting the Affidavit of Support can delay the processing of the immigrant’s visa application or green card application. Since the Affidavit of Support is a necessary document that must be included in the application package, failure to provide it can lead to back-and-forth communication with the immigration authorities, resulting in delays and possibly even a denial of the application.

3. Moreover, if the Affidavit of Support is not submitted, it may reflect poorly on the immigrant’s case and raise concerns about their intentions and ability to comply with U.S. immigration laws. This could lead to further scrutiny of the application and potentially result in a denial of the visa or green card.

In conclusion, the consequences of not submitting a United States Affidavit of Support can be severe and may include inadmissibility, delays in processing, and a negative impact on the overall immigration application. It is essential for sponsors to fulfill this requirement to ensure the smooth processing of the immigrant’s visa or green card application.

8. Can a petitioner be financially responsible without submitting a United States Affidavit of Support?

No, a petitioner cannot be considered financially responsible without submitting a United States Affidavit of Support for the intending immigrant. The Affidavit of Support is a legally binding contract that commits the sponsor to financially support the immigrant beneficiary and ensures that the immigrant will not become a public charge. This document is required in most family-based immigration cases to demonstrate that the immigrant will have adequate financial support in the United States. Without submitting a valid Affidavit of Support, the petitioner will not meet the financial eligibility requirements set by U.S. immigration laws, and the visa or green card application may be denied as a result. Thus, it is essential for petitioners to complete and submit the Affidavit of Support as part of the immigration process.

9. Can a family member provide a United States Affidavit of Support?

Yes, a family member can provide a United States Affidavit of Support as long as they meet the criteria set by the U.S. Citizenship and Immigration Services (USCIS). The person providing the affidavit must be a U.S. citizen or a lawful permanent resident who is at least 18 years old and is domiciled in the United States. Additionally, they must have an income that is at least 125% above the U.S. poverty guidelines for their household size or have sufficient assets to sponsor the immigrant. The family member will need to fill out Form I-864 (Affidavit of Support) and provide supporting documentation to demonstrate their ability to financially support the intending immigrant. It is important for the sponsor to understand the legal and financial responsibilities that come with signing the Affidavit of Support.

10. What are the specific income guidelines for a United States Affidavit of Support?

1. The specific income guidelines for a United States Affidavit of Support are based on the federal poverty guidelines set by the U.S. Department of Health and Human Services.
2. As of 2021, the minimum income requirement for a household of two intending immigrants (like a sponsor and their dependent) is at least 125% of the federal poverty guidelines for their household size.
3. For example, as of 2021, the minimum income requirement for a household of two in the contiguous United States is $22,025. This amount increases for larger households.
4. It is important for the sponsor to demonstrate that they meet the income requirements to ensure that they can financially support the intending immigrants and prevent them from becoming a public charge.
5. If the sponsor’s income does not meet the minimum requirement, they may be able to use assets to supplement their income, or they may need to find a joint sponsor who can meet the requirements.
6. The income guidelines may vary based on factors such as the number of people in the household, the sponsor’s location, and whether the sponsor is active duty military.
7. It is essential for sponsors to carefully review the most up-to-date income guidelines and requirements when preparing an Affidavit of Support to ensure compliance with immigration laws and regulations.

11. Can assets be used in conjunction with income for a United States Affidavit of Support?

Yes, assets can be used in conjunction with income when completing a United States Affidavit of Support. Assets such as bank accounts, stocks, bonds, and real estate can be considered as part of the financial resources available to the sponsor. However, it is important to note that assets may not be counted dollar for dollar in the same way as income. Instead, the value of assets is typically calculated at 20% of their total value. This means that for every $5 in assets, $1 may be counted towards meeting the financial requirements of the Affidavit of Support. It is recommended to consult the specific guidelines and requirements outlined by the U.S. Citizenship and Immigration Services (USCIS) when using assets in conjunction with income for the Affidavit of Support.

12. Can someone with a low income still submit a United States Affidavit of Support?

Yes, a person with a low income can still submit a United States Affidavit of Support if they meet the minimum income requirements set by the U.S. Citizenship and Immigration Services (USCIS). The Affidavit of Support is a legal contract between a sponsor and the U.S. government, in which the sponsor agrees to provide financial support to the sponsored immigrant if necessary. To be eligible as a sponsor, the individual must have an income that is at least 125% of the federal poverty guidelines for their household size. In cases where the sponsor’s income falls below this threshold, they may still be able to meet the requirements by including the income of other household members or by providing additional assets to demonstrate their ability to support the immigrant. It’s important for sponsors to carefully review the guidelines and requirements before submitting an Affidavit of Support to ensure compliance.

13. What is the difference between Form I-864 and Form I-134 in relation to a United States Affidavit of Support?

Form I-864 and Form I-134 are both used for United States Affidavit of Support purposes, but they serve different purposes and have different eligibility requirements:

1. Form I-864, officially known as the Affidavit of Support Under Section 213A of the INA, is typically used for most family-based immigrants and some employment-based immigrants. This form is a legally binding contract in which the sponsor agrees to financially support the immigrant and ensure that they do not become a public charge.

2. Form I-134, known as the Affidavit of Support, is used for nonimmigrant visa applicants, such as tourists, students, or fiance(e)s of U.S. citizens. This form is not legally binding and is used to show that the visa applicant has a sponsor who can financially support them during their stay in the United States.

In summary, Form I-864 is for immigrants seeking permanent residency in the United States, while Form I-134 is for nonimmigrant visa applicants visiting the U.S. temporarily. It is important to carefully review the requirements for each form to ensure compliance with immigration laws and regulations.

14. Can someone withdraw their United States Affidavit of Support after it has been submitted?

No, once a United States Affidavit of Support has been submitted to the relevant government agency, it cannot be withdrawn by the sponsor. The affidavit represents a legally binding contract between the sponsor and the U.S. government to financially support the sponsored individual(s) if they are unable to support themselves. Once signed and submitted, the sponsor is obligated to fulfill the terms of the affidavit until the sponsored individual(s) meet certain criteria that would release the sponsor from their obligations, such as becoming a U.S. citizen, working 40 quarters in the U.S., or departing the country permanently. Failure to comply with the terms of the affidavit can result in legal consequences for the sponsor.

15. Are there any exemptions to the United States Affidavit of Support requirement?

Yes, there are exemptions to the United States Affidavit of Support requirement. The following scenarios may qualify for an exemption:

1. Certain categories of immigrants are exempt from the affidavit of support requirement, such as self-petitioning widows or widowers, individuals with certain approved forms of humanitarian parole, and certain special immigrant visa holders.

2. If the sponsored immigrant can be credited with 40 qualifying quarters of work in the United States (typically about 10 years of work), they may be exempt from the affidavit of support requirement.

3. If the sponsored immigrant is already a U.S. citizen or lawful permanent resident, then the affidavit of support is not required.

It’s important to review the specific exemption criteria stated by the United States Citizenship and Immigration Services (USCIS) to determine if a particular case qualifies for an exemption from the affidavit of support requirement.

16. Can someone submit a joint United States Affidavit of Support with multiple sponsors?

Yes, multiple sponsors can submit a joint Affidavit of Support for a intending immigrant to the United States. This is known as a joint sponsor or co-sponsor arrangement. Each sponsor will need to complete a separate Form I-864 Affidavit of Support and provide the necessary financial documentation to demonstrate their ability to support the immigrant. The combined income and assets of the sponsors will be considered in determining whether the minimum income requirement for sponsorship is met. It’s important for each sponsor to meet the income requirements individually and be prepared to collectively meet the financial obligations of supporting the immigrant. This option can be especially useful if one sponsor’s income or assets alone are not sufficient to meet the requirements of the Affidavit of Support.

17. What are the responsibilities of the sponsor after submitting a United States Affidavit of Support?

After submitting a United States Affidavit of Support, the sponsor has several important responsibilities:

1. Financial Support: The sponsor is obligated to financially support the sponsored individual(s) if they are unable to do so themselves. This includes providing for their basic necessities such as housing, food, and medical care.

2. Reporting Changes: The sponsor must report any significant changes in their financial situation to the U.S. Citizenship and Immigration Services (USCIS), such as a decrease in income or loss of employment.

3. Maintaining Records: It is crucial for the sponsor to keep detailed records of their finances and any support provided to the sponsored individual(s). These records may need to be provided to USCIS if requested.

4. Duration of Support: The sponsor’s financial responsibility typically lasts until the sponsored individual becomes a U.S. citizen, has worked for 40 quarters in the U.S., abandons their lawful permanent resident status, or passes away.

Overall, the sponsor’s responsibilities are essential in ensuring that the sponsored individual receives the necessary financial support and that the obligations of the Affidavit of Support are upheld.

18. Can a sponsor’s financial assets be considered when submitting a United States Affidavit of Support?

Yes, a sponsor’s financial assets can be considered when submitting a United States Affidavit of Support. This includes assets such as savings accounts, real estate, investments, and other valuable possessions that can be liquidated or used to support the sponsored individual financially. When completing the Affidavit of Support form (Form I-864), sponsors can include information about their assets to demonstrate their ability to financially support the intending immigrant. However, it is important to note that simply having assets may not be sufficient to meet the financial requirements set by the U.S. government. Sponsors still need to meet the minimum income requirements based on their household size to ensure they can adequately support the immigrant without relying on public assistance. In some cases, assets can be used to supplement income and help meet these requirements. It is crucial for sponsors to accurately disclose all relevant financial information when completing the Affidavit of Support to avoid any discrepancies or delays in the immigration process.

19. Can someone who is not a U.S. citizen or permanent resident sponsor a United States Affidavit of Support?

No, a person who is not a U.S. citizen or permanent resident cannot sponsor a United States Affidavit of Support. The individual sponsoring an Affidavit of Support must be a U.S. citizen, U.S. national, or a lawful permanent resident. This requirement is in place to ensure that the sponsor has the legal right to reside in the United States and has the financial means to support the intending immigrant. Additionally, the sponsor must also meet specific income requirements to demonstrate their ability to financially support the immigrant. This ensures that the immigrant will not become a public charge and will have the necessary financial support upon entering the United States.

20. Can a sponsor’s income from outside the U.S. be considered for a United States Affidavit of Support?

1. Yes, a sponsor’s income from outside the U.S. can be considered for a United States Affidavit of Support under certain conditions.
2. The U.S. Citizenship and Immigration Services (USCIS) allows sponsors to include income from foreign sources to meet the financial requirements for sponsoring an immigrant.
3. However, the sponsor must demonstrate that the income is lawful, verifiable, and will continue from the same source once the immigrant becomes a permanent resident in the U.S.
4. Documentation such as foreign tax returns, employment verification letters, bank statements, or other financial evidence may be required to prove the stability and reliability of the foreign income.
5. It is essential to consult with an immigration attorney or seek guidance from USCIS directly to ensure that all requirements are met when including foreign income in the Affidavit of Support.