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Affidavit of Support in Immigration

Overview

Many immigrant visa petitions require a foreign national to have a sponsor complete an “affidavit of support.”   The Affidavit of Support requires a U.S. petitioner to demonstrate the ability to financially support a foreign national coming into the United States.  Most often, this obligation is shown by completing either Form I-864 or I-134.

The Affidavit of Support and its requirements are rather complex and are often difficult to understand.  A good analogy to the affidavit’s complexity is the federal income tax code.  The following is a list of the frequently asked questions that often arise.  For a more complete explanation of the affidavit of support, or to learn the answer to specific affidavit of support questions, please contact a competent immigration lawyer.

Frequently Asked Questions

What is the Affidavit of Support, and Who Needs One?

The Affidavit of Support is signed by a sponsor and, in essence, is a contract between the sponsor and the government.  The Affidavit of Support is meant to show that the intending immigrant will not become a “public charge.”

Which Immigrants do not need an Affidavit of Support?

Although most family-based immigrants will need an Affidavit of Support, many immigrants will not need one.   These exceptions include:

• Refugees and asylees applying for permanent residency.
• Self-petitioning widows or widowers or battered spouses and children.
• Children of U.S. citizens who can acquire citizenship upon becoming a permanent resident.
• Immigrants who have worked for 40 qualifying quarters.

What are the Affidavit of Support Income Level?

In most instances, a sponsor must demonstrate that their household income is equal to 125% of the U.S. poverty level.   Select immigrants and sponsors only need to demonstrate an income level of 100% of the U.S. poverty level.

Who can be a sponsor for I-864 Affidavit of Support?

An Affidavit of Support sponsor must be at least 18 years old and must be either a U.S. citizen or a lawful permanent resident.  It is also necessary to be domiciled in the United States.

What if a sponsor doesn’t meet the income requirements?

When does the sponsor’s responsibility end?

The sponsor’s responsibilities end when the beneficiary immigrant:

• becomes a U.S. citizen,
• earns credit for 40 quarters of work in the United States,
• leaves the U.S. permanently, or
• dies.

Can the sponsor proactively withdrawal his or her affidavit of support?

No.   The affidavit of support cannot be withdrawn once the immigration benefit is granted.  A sponsor is still obligated to fulfill his or her responsibilities even if the relationship between the beneficiary and petitioner deteriorates.

Additional Information

If you have any questions about the affidavit of support, please feel free to contact an immigration lawyer to address your question.

U.S. Citizenship and Immigration Service – Affidavit of Support Forms

Department of State -Affidavit of Support Forms – Frequently Asked Questions

National Immigration Law Center – Sponsored Immigrations & Benefits Information Sheet