Affidavit Of Support For Visa Template for the United States

An Affidavit of Support for Visa is a critical legal document you must file with U.S. immigration authorities when sponsoring someone for permanent residence or certain temporary visas. This document serves as your legally binding promise to financially support the visa applicant and ensures they will not rely on government assistance programs.

When do you need this document?

You need an Affidavit of Support when petitioning for family members to immigrate to the United States, including spouses, children, parents, or siblings. It's also required for certain employment-based immigration cases where the employer serves as the sponsor. Additionally, you must file this document for diversity visa lottery winners, some special immigrant categories, and when assisting refugees or asylees in adjusting their status to permanent residence.

Key legal considerations

The affidavit creates a legally enforceable contract between you and the U.S. government that can last up to 10 years or until the beneficiary becomes a U.S. citizen. You become financially responsible for reimbursing government agencies if the beneficiary receives certain public benefits during this period. Your obligation continues even if your relationship with the beneficiary changes, including divorce or estrangement. The document requires extensive financial documentation, including tax returns, employment verification, and bank statements. If your income doesn't meet the 125% poverty guideline threshold, you may need a joint sponsor who also assumes full financial responsibility.

Legal requirements in United States

Under Section 213A of the Immigration and Nationality Act and 8 CFR 213a regulations, you must demonstrate household income at least 125% above the Federal Poverty Guidelines for your household size. USCIS requires Form I-864 for most family-based and some employment-based cases, while Form I-134 applies to certain temporary situations. You must provide three years of federal tax returns, current employment verification, and proof of U.S. citizenship or lawful permanent resident status. The affidavit must be notarized and submitted with supporting financial documents. Joint sponsors may be required if your income is insufficient, and they assume the same legal obligations as primary sponsors. The document remains enforceable until the beneficiary naturalizes, earns 40 qualifying work quarters under Social Security, dies, or permanently leaves the United States.