Affidavit Of Support Template for the United States
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What is a Affidavit Of Support?
The Affidavit of Support was established under U.S. immigration law to ensure that immigrants entering the United States have adequate financial support and won't become public charges. This document is required for most family-based and some employment-based immigration cases. It creates a legally enforceable obligation for the sponsor to support the immigrant and reimburse any government agencies that provide means-tested public benefits to the sponsored immigrant. The document must be properly executed according to federal guidelines and includes detailed financial information about the sponsor, including proof of income and assets. The obligation created by an Affidavit of Support remains in effect until specific terminating conditions are met.
Frequently Asked Questions
Is an Affidavit of Support legally binding in the United States?
Yes, an Affidavit of Support is a legally binding contract under Section 213A of the Immigration and Nationality Act. Once signed, sponsors are legally obligated to financially support the immigrant and reimburse government agencies for any means-tested public benefits used by the sponsored immigrant. This obligation continues until the immigrant becomes a U.S. citizen, works 40 qualifying quarters, dies, or permanently leaves the United States.
What happens if my Affidavit of Support is missing or incomplete during immigration processing?
An incomplete or missing Affidavit of Support will result in denial of the immigration petition or visa application. USCIS or the National Visa Center will issue a Request for Evidence (RFE) or Notice of Intent to Deny, giving you a deadline to submit the complete document. Failure to provide a properly executed I-864 will prevent the immigrant from obtaining lawful permanent residence.
How much income do I need to sponsor someone with an Affidavit of Support?
Sponsors must demonstrate income at least 125% of the Federal Poverty Guidelines for their household size (including the sponsored immigrant). For active duty military sponsors, the requirement is 100%. If you don't meet income requirements, you can use assets worth five times the income shortfall or obtain a qualified joint sponsor who meets the income threshold.
How is an Affidavit of Support different from Form I-134?
Form I-864 (Affidavit of Support) is legally binding and required for family-based and some employment-based permanent residence cases, creating enforceable financial obligations. Form I-134 (Affidavit of Support for nonimmigrants) is not legally binding and is used for temporary visas like tourist or student visas. Only I-864 creates long-term legal liability for sponsors.
How long does it take to prepare an Affidavit of Support?
Gathering required documents and completing Form I-864 typically takes 1-3 weeks for most sponsors. You'll need recent tax returns, employment verification, bank statements, and proof of assets. The actual form completion takes a few hours, but obtaining supporting documentation like tax transcripts from the IRS can take additional time if not readily available.
Can I withdraw or cancel an Affidavit of Support after signing it?
No, you cannot unilaterally withdraw an Affidavit of Support once the sponsored immigrant becomes a permanent resident. The legal obligation continues until the immigrant becomes a U.S. citizen, earns 40 work quarters, dies, or permanently leaves the United States. Divorce from a sponsored spouse does not terminate your financial obligations under the affidavit.
What are the most common mistakes people make with Affidavits of Support?
Common mistakes include underestimating household size, failing to include the sponsored immigrant in income calculations, submitting outdated tax documents, and not understanding the long-term financial commitment. Many sponsors also incorrectly assume joint sponsors share liability equally, when each is independently liable for the full amount. Always use current forms and verify income requirements before signing.
About the Affidavit Of Support
An Affidavit of Support is a critical legal document that creates a binding financial obligation between you as a sponsor and the immigrant you're supporting through the U.S. immigration process. This contract ensures that sponsored immigrants have adequate financial support and protects U.S. taxpayers from potential public benefit costs.
When do you need this document?
You must file an Affidavit of Support when sponsoring family members for permanent residence, including spouses, children, parents, or siblings through family-based immigration petitions. The document is also required for certain employment-based cases where family members accompany the principal applicant. USCIS typically requests this form during the adjustment of status process or consular processing for immigrant visas. You'll need to demonstrate that your income meets at least 125% of the Federal Poverty Guidelines for your household size, or 100% if you're an active-duty military sponsor.
Key legal considerations
The Affidavit of Support creates a legally enforceable contract that lasts until the sponsored immigrant becomes a U.S. citizen, accumulates 40 qualifying work quarters, permanently leaves the United States, or dies. You become jointly liable for any means-tested public benefits the sponsored immigrant receives, and government agencies can sue you for reimbursement. The obligation cannot be terminated simply by divorce or changed circumstances. If your income doesn't meet the requirements, you may need a joint sponsor or co-sponsor who also assumes full financial responsibility. You must also agree to provide your tax information to USCIS and other government agencies upon request, and notify USCIS of any address changes within 30 days.
Legal requirements in United States
Under the Immigration and Nationality Act Section 213A and 8 CFR § 213a, you must be a U.S. citizen or lawful permanent resident to serve as a sponsor. Your domicile must be in the United States, and you must provide evidence of current income through tax returns, W-2 forms, and employment verification letters. The form must be completed accurately with no material misrepresentations, as false statements can result in criminal penalties. You're required to submit Form I-864, I-864EZ, or I-864A depending on your specific situation, along with supporting financial documentation. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 reinforces your obligation regarding government benefits, making this a serious long-term financial commitment that requires careful consideration before signing.
GOVERNING LAW
Applicable law
This Affidavit Of Support is drafted to comply with United States law. Key legislation includes:
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