Affidavit of Support for Family-Based Immigrants

1. What is an Affidavit of Support?


An Affidavit of Support is a legally binding document that a person who is sponsoring someone to come to the United States must sign. The affidavit is used to guarantee that the sponsored person will not become a public charge and that the sponsor will financially support the individual if necessary.

2. Who can file an Affidavit of Support?


An Affidavit of Support is typically filed by a sponsor on behalf of an immigrant who is seeking a visa or U.S. residency. The sponsor is usually a family member, employer, or other individual who agrees to financially support the immigrant in the United States.

3. What is the purpose of an Affidavit of Support?


An Affidavit of Support is a legal document used to establish the financial sponsorship of an immigrant (or intending immigrant) to the United States. The affidavit typically includes information about the sponsor’s income, assets, and other personal information, and must be signed by the sponsor in the presence of a notary public. The Affidavit of Support serves to protect potential immigrants from becoming a public charge on the US economy and to help ensure that they can support themselves financially in the United States.

4. Are there any exceptions to filing an Affidavit of Support?


Yes, exceptions to filing an Affidavit of Support do exist. These exceptions include:

-If the U.S. citizen or lawful permanent resident petitioner is a member of the U.S. military and is on active duty or has been honorably discharged from the U.S. military;

-If the immigrant is a returning lawful permanent resident;

-If the immigrant is already a U.S. citizen;

-If the immigrant is an Asylee or Refugee;

-If the immigrant is a VAWA self-petitioner; and

-If the immigrant qualifies for a waiver of the Affidavit of Support requirement.

5. How do I file an Affidavit of Support?


You must file Form I-864 (Affidavit of Support) with the appropriate United States Citizenship and Immigration Services (USCIS) office when you are applying for permanent residence (a “green card”) for an immigrant. The form must be completed by the sponsor, who is the person who will be financially providing for the immigrant. The form will include information about the sponsor’s income, assets, and other financial resources, and will be used to demonstrate that the immigrant will not become a “public charge”, or someone who is primarily dependent on the government for support.

6. What documents will I need to complete an Affidavit of Support?


In order to complete an Affidavit of Support, you will need to provide documentation such as:

1. Proof of identity (e.g. a copy of your passport, driver’s license, or other photo identity)

2. Proof of income (e.g. recent tax returns, pay stubs, bank statements, or other evidence of financial resources)

3. Proof of residence (e.g. utility bills or other documents that show where you live)

4. Evidence of the relationship between you and the person for whom you are completing the Affidavit of Support (e.g. birth certificates, marriage certificates, or other legal documents)

7. What is the difference between a sponsor and a petitioner?


A sponsor is a person or organization that agrees to financially support an immigrant’s application for a visa or green card, while a petitioner is the person who files the immigration petition with the US Citizen and Immigration Services (USCIS) on behalf of the immigrant. A sponsor will usually provide financial support, as well as help with the immigrant’s other needs such as housing, food, and other essential needs. A petitioner is responsible for providing all of the necessary paperwork and documents required for an immigrant’s visa or green card application.

8. What are the requirements for a sponsor?


Generally speaking, sponsors must be legally authorized to work in the United States, have sufficient resources to financially support the sponsored foreign national, and sign an affidavit of support for the foreign national. The sponsor must also provide proof of income and assets to establish that they are able to meet the poverty guidelines set by the United States Citizenship and Immigration Services (USCIS).

9. How long does a sponsor have to support a family-based immigrant?


There is no set timeframe for how long a sponsor must support a family-based immigrant. Generally, the sponsor must demonstrate the ability and intent to support the immigrant at 125 percent of the Federal Poverty Guidelines. The duration of the support obligation may depend upon the particular circumstances of the immigrant and the sponsor.

10. What are the financial requirements for a sponsor?


The financial requirements for a sponsor vary depending on the visa type and country of residence. Generally, sponsors must provide a certain level of income, financial assets, and/or other forms of support in order to demonstrate that they can financially support the sponsored individual. In some cases, sponsors may need to provide evidence of health insurance coverage or proof of property ownership.

11. Is there a minimum period of time for which a sponsor must continue to support the immigrant?


Yes, a sponsor must support the immigrant for at least 10 years or until the immigrant becomes a U.S. citizen (whichever comes first). This includes providing financial support to cover the immigrant’s living expenses and any other necessary costs. The sponsor is also responsible for repaying any government assistance received by the immigrant during this period.

12. What is the penalty for failing to meet the financial obligations under the Affidavit of Support?


If the sponsor fails to meet the financial obligations under the Affidavit of Support, they may be required to repay any public benefits received by the sponsored immigrant. In some cases, the sponsor may be liable for repayment in full, or may be able to negotiate a repayment plan. In cases of extreme hardship, an administrative waiver may be available.

13. Can a sponsor be held liable for unreimbursed public benefits received by the immigrant?


Yes, a sponsor can be held liable for unreimbursed public benefits received by the immigrant. Depending on the type of public benefits received, the sponsor may be obligated to reimburse the government agency for any expenses incurred in providing those benefits. Additionally, sponsors are legally obligated to support their sponsored immigrant for up to 10 years, even if the immigrant becomes a U.S. citizen.

14. Can a sponsor be held liable for debts or other obligations incurred by the immigrant?


No. The sponsor is not responsible for any debts owed by the immigrant. However, the sponsor may be held liable for any false information provided in the Affidavit of Support.

15. Is there a difference between an Affidavit of Support signed by the petitioner and one signed by the sponsor?


Yes, there is a difference between an Affidavit of Support signed by the petitioner and one signed by the sponsor. When the petitioner signs the Affidavit of Support, they are legally declaring that they will provide financial support to the foreign national if necessary. When the sponsor signs the Affidavit of Support, they are also legally declaring that they will provide financial support to the foreign national if necessary, but they are also promising to repay any government benefits that the foreign national may receive.

16. Are joint sponsors allowed and, if so, what are their responsibilities under the Affidavit of Support?


Yes, joint sponsors are allowed under the Affidavit of Support. Both the sponsor and the joint sponsor are legally responsible for ensuring that the sponsored immigrant does not become a public charge. The joint sponsor must meet all requirements for a sponsor, including filing a separate Affidavit of Support, providing documentation of their income and assets, and demonstrating that their income is at least 125% of the Federal Poverty Guidelines for their household size.

17. Can a sponsor withdraw his/her support after filing an Affidavit of Support?


Yes, a sponsor can withdraw his/her support after filing an Affidavit of Support. However, the individual who filed the Affidavit of Support may still be held financially responsible for the sponsored immigrant if he/she is unable to support him or herself.

18. Can a sponsor terminate his/her support once the immigrant has become a U.S. citizen?


Yes, a sponsor can terminate their support once the immigrant has become a U.S. citizen. However, the immigrant is still responsible for any debts incurred prior to becoming a citizen.

19. Can a sponsor modify or amend an existing Affidavit of Support?


Yes, a sponsor can modify or amend an existing Affidavit of Support. The sponsor will need to contact the U.S. Citizenship and Immigration Services (USCIS) to request the amendment. The sponsor may be required to provide additional evidence and information to support their request.

20. Is there anything else I should know about filing an Affidavit of Support for family-based immigrants?


Yes, be sure to include the following information with the Affidavit of Support:

– Proof of your current income, such as recent tax returns and pay stubs

– Proof of your current assets, such as bank statements and investment accounts

– Proof of any other financial resources, such as Social Security or pension income

– Evidence of your family relationship to the immigrant, such as birth certificates or marriage/divorce records

– A copy of the immigrant’s passport, visa, or green card (if applicable)

Be sure to carefully review the instructions that are provided with the form and follow all necessary steps to properly complete it.