When petitioning for a family member to become a permanent resident under the family-based immigration category, the US government requires the sponsor to show that the government shall not charge a relative. This is done in affidavit of Support (Form I-864), a legally binding document that shows that the sponsor can help the intending immigrant. In this guide, we will look at the Affidavit of Support, when it is required and the sponsor’s responsibilities.
What Is an Affidavit of Support?
The Affidavit of Support is a document by which the sponsor agrees with the U.S. government to support the sponsored immigrant. This helps the sponsored family member be ineligible as a “public charge” who depends on government support. Beneficiaries must submit an Affidavit of Support in most family-based immigration cases. Specifically when applying for an adjustment of the Immigration status or endowment of an immigrant visa through a consulate in the U.S.
Cases Requiring the Affidavit of Support
Affidavit of Support (Form I-864) is required in virtually all family-based immigration cases with few exemptions. It is also needed when employment is involved and the employer has a relationship with the immigrant or a relative owns a considerable share in the employing company. Whether the intending immigrant is applying for the green card within the United States through the adjustment of status or outside the United States through consular processing the Affidavit of Support is mandatory.
Sponsor’s Eligibility Criteria
- To serve as a sponsor, an individual must meet several criteria:
- Naturalization in the United States or the holder of valid green card
- Be at least 18 years old
- Maintain a U.S. domicile. The sponsor must live in the United States or plan to establish a residence in the U.S. before or when the sponsored family member immigrates.
These criteria ensure that the sponsor can fully fulfill their obligations under the Affidavit of Support.
Income Requirements
The sponsor must prove that they have an income of not less than 125% of the federal poverty level of the household depending on the number of persons to be sponsored plus other immigrants in the household. The required income is determined by the number of individuals in the sponsor’s household. It is indexed for changes in the Consumer Price Index annually. You can also ask for the beneficiary’s income, using multiple sponsors, or available assets such as savings and properties.
Alternatives if the Sponsor Doesn’t Meet the Income Requirement
If the sponsor’s income does not meet the required level, there are other options:
- Joint sponsors: Another person could be a joint sponsor depending on the willingness and fulfillment of the financial responsibility needed.
- Household income: The intending immigrant’s income may be considered if it is likely to persist after immigration.
- Assets: For instance, savings or property might be considered liquid when trying to fulfil the financial aspect of the goals.
Obligations Under the Affidavit of Support
When filling out the Form I-864 Affidavit of Support, the sponsor swears that the person will help the immigrant and dependents until the immigrant receives American citizenship, attains 40 quarters of working credit, or leaves the United States permanently. Specific public benefits are allowed. Once the immigrant can access them, the government can request reimbursement from the sponsor.
Termination of the Sponsor’s Obligations
- The duties of a sponsor are not boundless. Certain events can terminate the sponsor’s financial obligation:
- The sponsored immigrant acquires citizenship of the United States.
- The immigrant has at least forty qualifying quarters under the Social Security Act.
- The sponsored immigrant has a permanent departure from the United States.
- The sponsored immigrant dies.
- A divorce does not end the sponsor’s responsibilities, or make a sponsor avoid the duties after the Affidavit of Support has been filed.
Exemptions to the Affidavit of Support
The Affidavit of Support is not required in some situations of green card application of specific applicants. For instance, persons who have been employed in the U.S. for 40 qualifying quarters, the child of a citizen who is independently eligible for the status, or a self-petitioning victim of abuse (e.g., under VAWA) do not require a financial sponsor.
Conclusion
The Affidavit of Support is an important part of the family-based green card system. It proves that immigrants will not become a burden on American society. As much as it is true that the sponsor has some level of liability, there are measures by which the requirements can be fulfilled, with joint sponsors, and assets, among others. The best way is to consult an experienced immigration attorney who will help regarding the Affidavit of Support.
