Affidavit Of Support Family Member Template for the United States

An Affidavit of Support Family Member is a legally binding financial guarantee required when you sponsor family members for permanent residency in the United States. This document creates an enforceable contract between you as the sponsor and the U.S. government, ensuring that your family member will not become a public charge. Under federal immigration law, you must demonstrate your ability to maintain your sponsored family member at an income level of at least 125% of the federal poverty guidelines.

When do you need this document?

You need an Affidavit of Support when petitioning for immediate relatives such as spouses, unmarried children under 21, or parents if you are a U.S. citizen. The document is also required for family preference categories including unmarried adult children, married children, and siblings. Additionally, you must file this affidavit when adjusting status from temporary to permanent residency for family members already in the United States, or when family members apply for immigrant visas at U.S. consulates abroad.

Key legal considerations

The affidavit creates a legally enforceable obligation that continues until your sponsored family member becomes a U.S. citizen, accumulates 40 quarters of work history, or permanently leaves the United States. You remain financially responsible even if your relationship with the beneficiary ends through divorce or estrangement. The government can pursue you for reimbursement of any means-tested public benefits your sponsored family member receives. Your income must meet specific thresholds, and you may need a joint sponsor if your income falls below 125% of federal poverty guidelines. Assets can substitute for income at a ratio of five-to-one, or three-to-one for U.S. citizen sponsors of spouses or unmarried children.

Legal requirements in United States

Under the Immigration and Nationality Act Section 213A and implementing regulations at 8 CFR 213a, you must file USCIS Form I-864 as your official Affidavit of Support. You must provide evidence of your U.S. citizenship or permanent resident status, along with proof of your relationship to the beneficiary. Financial documentation including tax returns for the three most recent years, current employment verification, and bank statements are mandatory. The affidavit must be notarized and submitted with specific supporting evidence as outlined in USCIS instructions. Your income requirements are determined by the annual Federal Poverty Guidelines published by the Department of Health and Human Services, and you must demonstrate domicile in the United States.