Affidavit Of Support Letter For Immigration Template for England and Wales

An Affidavit Of Support Letter For Immigration is a legally binding contract you must sign when sponsoring certain immigrants to the United States. Under the Immigration and Nationality Act Section 213A, this document creates enforceable financial obligations between you as the sponsor and the U.S. government, ensuring your beneficiary will not become a public charge.

When do you need this document?

You need an Affidavit of Support when sponsoring family members through marriage, parent-child relationships, or other qualifying family connections for permanent residence. This requirement applies to most family-based immigration cases, including spouse visas, parent visas for U.S. citizens, and certain employment-based cases where family members accompany the primary applicant. USCIS requires Form I-864 for most cases, though simplified versions like I-864EZ may apply in specific circumstances. The document is also mandatory for diversity visa winners and certain humanitarian cases where financial sponsorship is required.

Key legal considerations

Your financial commitment under this affidavit is legally enforceable and creates significant long-term obligations. You must demonstrate income at least 125% above the federal poverty guidelines for your household size, including the sponsored immigrant. If you cannot meet income requirements alone, you may use assets valued at five times the income shortfall or enlist joint sponsors. The government can sue you to recover any means-tested public benefits your sponsored immigrant receives, and this obligation transfers to your estate upon death. You remain liable even if you divorce the beneficiary or they move out of your household. The commitment only ends when the beneficiary becomes a U.S. citizen, accumulates 40 qualifying work quarters under Social Security, permanently leaves the United States, or dies.

Legal requirements in United States

Under federal regulations 8 CFR § 213a, you must be a U.S. citizen or lawful permanent resident and at least 18 years old to serve as a sponsor. Your domicile must be in the United States, and you must provide evidence of income through tax returns, employment letters, and bank statements. The current federal poverty guidelines, updated annually by the Department of Health and Human Services, determine minimum income thresholds. You must submit Form I-864 along with supporting financial documentation, including IRS transcripts or tax returns for the three most recent years. If using a joint sponsor, they must meet the same requirements and file a separate I-864. Active military personnel may qualify at 100% of poverty level instead of 125%. Failure to meet these requirements will result in visa denial or adjustment of status rejection.