1. What is an affidavit of support?
An affidavit of support is a document that is used to show that the sponsor of an immigrant has the financial resources to financially support the immigrant. It is often used in immigration applications, visa applications, and other related documents. The affidavit is signed by the sponsor and is legally binding. It states that the sponsor will provide financial support for the immigrant and that they will not be a financial burden on the government.
2. What is the purpose of an affidavit of support?
An affidavit of support is a legal document that serves as a written promise of financial support for an immigrant who is seeking to become a permanent resident in the United States. The document is signed and sworn under oath by someone who agrees to provide financial support for the immigrant. The purpose of an affidavit of support is to ensure that the immigrant will not become a “public charge”, meaning they will not rely on public benefits for their daily needs.
3. Who can be a sponsor on an affidavit of support?
A sponsor on an affidavit of support can be a U.S. citizen or permanent resident who is at least 18 years old and has a domicile in the United States. The sponsor must also have the financial means to support the sponsored individual.
4. What are the sponsor’s obligations under an affidavit of support?
The sponsor’s obligations under an affidavit of support include providing financial support to the sponsored alien, which is sufficient to maintain him/her at an income that is at least 125% of the Federal Poverty Guidelines. The sponsor also agrees to reimburse the government for any public benefits provided to the sponsored alien and promises to update any changes in their financial status. Additionally, the sponsor agrees to pay for expenses related to the sponsored alien’s medical care should the public benefits available not cover it.
5. What is the difference between an I-864 and an I-864A?
An I-864, or Affidavit of Support, is an official form used to document a sponsor’s commitment to financially support an individual immigrating to the United States. The I-864 is used by U.S. citizens and permanent residents when sponsoring family members for a green card.
An I-864A, or Contract Between Sponsor and Household Member, is a contract that’s filled out by an individual sponsored for a green card if the sponsor does not have the income to meet the financial requirements of the I-864. The I-864A allows the sponsored individual to make up for the sponsor’s shortfall in income by obtaining additional support from other household members. The I-864A also details the financial responsibility of the other household members.
6. How long does an affidavit of support remain legally binding?
Typically, an affidavit of support remains legally binding until the person for whom it was filed either becomes a U.S. citizen, permanently leaves the United States, or dies.
7. Are there any income requirements for sponsors on an I-864?
Yes. The sponsor must have an income of at least 125% of the Federal Poverty Guidelines for the sponsor’s household size. The sponsor must also provide evidence that the income meets this requirement, such as tax returns or pay stubs.
8. Do joint sponsors need to meet the same requirements as regular sponsors?
Yes, joint sponsors must meet the same requirements as regular sponsors. Joint sponsors must also provide evidence of their own financial ability to support the sponsored immigrant(s), such as paystubs and tax returns.
9. Are assets considered in calculating a sponsor’s income for an I-864?
Yes, assets can be considered in calculating a sponsor’s income for an I-864. This includes any liquid assets, such as cash, stocks, bonds, and mutual funds, as well as real estate and other assets. When calculating income for an I-864, sponsors can also include income from rental properties, self-employment, and investments.
10. If a sponsor’s income is insufficient to meet the poverty guideline, what options do they have?
Sponsors may be able to find help by applying for public benefits like food stamps or cash assistance. They can also look into applying for grants from charities and nonprofit organizations to assist with their financial needs. Additionally, they can consider alternative forms of income such as a second job or a loan.
11. Can a sponsor provide third party affidavits of support in lieu of their own affidavit of support?
No, a sponsor must provide their own affidavit of support.
12. Are there any other documents that must be submitted with an affidavit of support?
Yes, a sponsor must also submit evidence of their financial ability to support an immigrant, such as tax returns, pay stubs, bank statements, and other proof of income.
13. What happens if the sponsor fails to meet their obligations under an affidavit of support?
If the sponsor fails to meet their obligations under an affidavit of support, they may be held financially responsible for any public benefits received by the sponsored immigrant, such as welfare or other public assistance programs. Additionally, the sponsored immigrant may be deported back to their home country.
14. Can a sponsor modify or terminate an affidavit of support once it has been submitted?
Once the affidavit of support has been submitted, it cannot be modified or terminated by the sponsor. The affidavit of support remains in effect until the sponsored immigrant meets certain conditions (such as becoming a U.S. citizen or obtaining employment-based permanent residence) that make them no longer dependent on the sponsor for financial support.
15. Is an affidavit of support required for every family member applying for a visa or green card?
No. An affidavit of support is only required for the principal applicant and his or her spouse and minor children.
16. How long does it take to prepare an I-864 form?
The amount of time required to prepare an I-864 form depends on the individual, as the preparation of the form involves collecting a variety of financial documents, such as tax returns, bank statements, and employment verification documents. The USCIS recommends allowing at least one hour to complete the form. Additionally, any supporting documents that need to be included with the form should be collected before beginning, which could take several days.
17. What language must be included in an affidavit of support?
An affidavit of support must include language that clearly states the individual who is filing the affidavit is financially responsible for the person they are sponsoring. It should also include language stating that the individual will provide financial support for the sponsored individual should they be unable to do so themselves.
18. Does the sponsor need to be physically present at the visa interview?
No, the sponsor does not need to be physically present at the visa interview. However, they may be asked to provide financial documentation to support the visa application.
19. Is it possible to submit an affidavit of support after the visa interview has taken place?
Yes, it is possible to submit an affidavit of support after the visa interview has taken place. However, it is important to note that the U.S. Department of State may not consider the affidavit if it is not submitted before the visa interview.
20. Does a sponsor need to submit additional documents or updates if their circ*mstances change after submitting an affidavit of support?
Yes. A sponsor may need to submit additional documents or updates if their circ*mstances change after submitting an affidavit of support. The documents or updates may include proof of income, such as tax returns, pay stubs, or bank statements. Additionally, sponsors may need to update the information in the affidavit if their legal name changes or if their contact information changes.
