Affidavit Of Support Form Template for the United States

When you sponsor someone for U.S. permanent residence, you must demonstrate your ability to financially support them through an Affidavit of Support Form. This legally binding document protects the U.S. government from potential welfare costs by ensuring immigrants have adequate financial backing. The form creates a contract between you as the sponsor and the federal government, establishing your legal obligation to maintain the immigrant's income at or above 125% of the Federal Poverty Guidelines.

When do you need this document?

You need an Affidavit of Support when petitioning for most family-based and employment-based immigrants seeking permanent residence. This includes spouses, children, parents, and siblings of U.S. citizens or permanent residents, as well as certain employment-based visa categories. The requirement applies whether you're the petitioning relative or serving as a joint sponsor to meet income requirements. Military sponsors may qualify for the reduced 100% poverty guideline threshold. You'll typically file this form alongside the immigrant's adjustment of status application or consular processing paperwork.

Key legal considerations

Your sponsorship creates a legally enforceable contract that survives even if your relationship with the immigrant ends through divorce or death. The obligation continues until the immigrant becomes a U.S. citizen, accumulates 40 qualifying work quarters, dies, or permanently leaves the United States. If the sponsored immigrant receives certain public benefits, the government can pursue reimbursement from you through collections or lawsuits. You must report changes in address to USCIS and update your income information if circumstances change significantly. Joint sponsors may be required if your income alone doesn't meet the threshold, and they assume equal responsibility for the immigrant's support.

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 permanent resident at least 18 years old and domiciled in the United States. Your household income must meet or exceed 125% of the Federal Poverty Guidelines for your household size, including the sponsored immigrants. If your income falls short, you can use assets valued at three times the shortfall or include qualifying household members' income. You must provide federal tax returns, W-2s, employment verification, and proof of current income. The form requires notarization and submission of supporting financial documentation. Military sponsors benefit from the reduced 100% poverty guideline requirement as recognition of their service.