Filing an Affidavit of Support Form for a Relative

What is an Affidavit of Support for immigration ?
 

    If you are bringing a relative to live permanently in the United States, you must accept legal responsibility for financially supporting this family member. You accept this responsibility and become your relative's sponsor by completing and signing a document called an affidavit of support. This legally enforceable responsibility lasts until your relative becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years.)

For Whom is an Affidavit of Support for immigration required?
 

  You must complete and submit affidavit of support form if you are bringing a relative to the United States. An affidavit of support, is required for all immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family-based preferences:

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.

Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their unmarried children.

Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children.

Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children.

You must also complete an affidavit of support form if you are a U.S. citizen or lawful permanent resident and filed an employment-based immigration petition for a relative or if you have a significant ownership interest (5 percent or more) in a business that filed an employment-based immigrant petition for your relative.

Persons whom US Citizenship and Immigration Service has approved us self-petitioning widows or widowers or battered spouses and children are exempt from this requirement. (These individuals file an INS. For more information, please ask

or How Do I Apply for Immigration Benefits as a Battered Spouse or Child?). Relatives who enter as refugees or asylees

also do not require affidavits of support. For more information, please ask for How Do I Get Resettled in the United States

 as a Refugee? or How Do I Apply for Asylum in the U.S.?

WHO IS THE "Sponsor"?
 

     The individual completing and executing THE AFFIDAVIT OF SUPPORT Form is called a "sponsor." To qualify

as a sponsor the individual must be (i) be age 18 or older, (ii) a U.S. citizen or national, or a lawful permanent

resident of the United States, and (iii) live in, hold domicile, in the United States, Washington D.C. , or a U.S.

territory or possession. 13 Additionally, the sponsor must be:
The individual who executed/filed Form I-130, "Petition for Alien Relative" on behalf of the individual seeking

permanent resident status. The individual who executed/filed Form I-129F, "Petition for Alien Fiancé(e)" on

behalf of the foreign national fiancé(e). The petitioner of Form I-140, "Immigrant Petition for Alien Worker",

where the petitioner or petitioning company’s owner(s) is a relative of the beneficiary and the relative owns

5% or more of the company. The parent(s) adopting an orphan.
An additional person if the original "sponsor" does not meet the financial requirements. Such an individual

 is called a "joint sponsor." Where necessary, more than one joint sponsor may be used, however each

individual must personally qualify as a "sponsor." Each joint sponsor is "jointly and severally liable" on

 the affidavit.

F. What are the Financial Requirements the "Sponsor" Must Meet?
 

    The sponsor must have an income or assets or a combination thereof that meets at least 125% of the stated

poverty guidelines. In deference to the sacrifices made by our U.S. armed forces, sponsors on active duty

in the U.S. Armed Forces need only meet 100% of the stated poverty guidelines. Moreover, all household

 members of the sponsor are considered when determining whether the sponsor meets the poverty guidelines.

Under this provision, members of the household may even include individuals whom the sponsor does

 not directly support. The following persons are considered household members of the sponsor:
Individuals related, by blood, marriage or adoption, to the sponsor, such as a spouse and all children.

"Children" are considered as persons under age 21, irrespective of parental custody. Parent(s) of the

sponsor are also included in this determination if residing with the sponsor. Any other person listed

as a dependent on the sponsor’s IRS income tax return. Any person for whom the sponsor has previously

executed an AFFIDAVIT OF SUPPORT. The beneficiary, or applicant, and all accompanying dependents.

Recent Developments and State Department Updates
 

  In a series of cable notifications the U.S. Department of State has issued guidelines and procedural changes in processing of Forms I-864.

A. Reduction of Supporting Documents and Photocopies
 

    Among the changes is a reduction in supporting documents for accompanying family members. In addition,

he State Department advised that original signatures are no longer required on accompanying family members’

Forms I-864 and I-864A. Only one file need contain an original signed and notarized Form I-864 and I-864A,

 and other applicants may submit true photocopies.

 

The State Department has also clarified that the Form I-864 must be submitted within six months of signature,

 or a new form is required. Moreover, once the Affidavit has been accepted it will not expire. However, if the

Affidavit was submitted within six months of signature but more than 12 months pass before the interview, new supporting documents will be required.

1.-   You have the option to pay with your credit card.