Affidavit Of Support Immigration Template for the United States

An Affidavit of Support Immigration is a crucial legal document that serves as a financial guarantee when sponsoring someone for U.S. immigration. Under federal immigration law, you must prove your ability to financially support an immigrant to prevent them from becoming a public charge. This legally binding contract establishes your commitment to maintain the beneficiary at or above 125% of the Federal Poverty Guidelines.

When do you need this document?

You need an Affidavit of Support when petitioning for family members through marriage, parent-child relationships, or sibling sponsorship under family-based immigration categories. Employment-based cases also require this document when the employer cannot demonstrate adequate financial capacity. The document is mandatory for most immigrant visa applications and adjustment of status cases. Additionally, you may need a joint sponsor if your income alone doesn't meet the 125% poverty guideline threshold, requiring a separate affidavit from the additional sponsor.

Key legal considerations

Your financial obligation under this affidavit is legally enforceable and continues for years, potentially decades. The government or the immigrant can sue you for financial support if they receive means-tested public benefits. You must report changes in address to USCIS and provide updated income information when requested. Your obligation only terminates when the immigrant becomes a U.S. citizen, accumulates 40 quarters of work history, permanently leaves the United States, or dies. Assets can substitute for income at a 5-to-1 ratio if your income falls short, but liquid assets are preferred. Joint sponsors assume identical legal obligations and liability as primary sponsors.

Legal requirements in United States

Under the Immigration and Nationality Act Section 213A and 8 CFR §213a, you must meet specific income thresholds based on Federal Poverty Guidelines. For most cases, you need income at 125% of poverty level for your household size including the immigrant. Active military sponsors need only meet 100% of poverty guidelines. You must provide tax returns, W-2s, pay stubs, and employment verification letters as income proof. The affidavit requires notarization and must be filed with Form I-864 or I-864EZ depending on your situation. USCIS may request additional evidence during processing, and incomplete or fraudulent affidavits can result in petition denial or criminal charges.