Affidavit Of Support Template for the United States

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.