Affidavit Of Support For Visa for the United States

Affidavit Of Support For Visa Template for United States

An Affidavit of Support is a legally binding document filed in the United States where a sponsor promises to financially support a foreign national seeking to enter or remain in the U.S. The document is regulated by U.S. immigration law and USCIS requirements, requiring the sponsor to demonstrate income at least 125% above the Federal Poverty Guidelines. It creates a contractual obligation that remains in effect until the beneficiary becomes a U.S. citizen, has worked for 40 quarters, leaves the U.S. permanently, or dies.

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What is a Affidavit Of Support For Visa?

The Affidavit of Support for Visa is a crucial immigration document required by U.S. immigration authorities to ensure that immigrants will not become public charges. This document is commonly used for family-based immigration, certain employment-based cases, and some special immigrant categories. It requires sponsors to prove they can support the immigrant at 125% above the Federal Poverty Guidelines and creates a legally binding obligation. The affidavit must comply with USCIS requirements and remains active until specific conditions are met, such as the beneficiary's naturalization or completion of 40 qualifying work quarters.

What sections should be included in a Affidavit Of Support For Visa?

1. Sponsor Information: Full legal name, address, contact details, citizenship status, and employment information of the sponsor

2. Beneficiary Information: Full details of the visa applicant being sponsored including name, date of birth, country of origin, and relationship to sponsor

3. Financial Declarations: Detailed statement of sponsor's annual income, employment, and proof of meeting 125% of Federal Poverty Guidelines

4. Support Obligations: Specific financial commitments and obligations being undertaken by the sponsor

5. Duration and Enforceability: Statement of how long the support obligation remains in effect and its legally binding nature

6. Certification: Sworn statement confirming the truth of all information provided and understanding of obligations

What sections are optional to include in a Affidavit Of Support For Visa?

1. Joint Sponsor Declaration: Additional section required when primary sponsor does not meet income requirements and a joint sponsor is needed

2. Household Member Income: Section for including income from other household members to meet financial requirements

3. Asset Declaration: Optional section for declaring significant assets when income alone doesn't meet requirements

4. Public Benefits Statement: Declaration regarding whether the beneficiary has received or will receive public benefits

What schedules should be included in a Affidavit Of Support For Visa?

1. Schedule A - Income Documentation: Copies of tax returns, W-2s, pay stubs, and employment verification letters

2. Schedule B - Asset Documentation: Bank statements, property deeds, and other asset verification documents if assets are included

3. Schedule C - Identification Documents: Copies of sponsor's government-issued ID, proof of citizenship or legal permanent residence

4. Schedule D - Federal Poverty Guidelines: Current year's Federal Poverty Guidelines showing required income thresholds

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Clauses
Industries

Immigration and Nationality Act (INA): Primary federal immigration law that governs Affidavits of Support, particularly Section 213A which establishes legally enforceable requirements for financial sponsors

Code of Federal Regulations (8 CFR �� 213a): Federal regulations that detail specific requirements for Affidavits of Support, including implementation guidelines and procedural requirements

USCIS Forms and Requirements: Specific USCIS form requirements including Form I-864 and Form I-134, which are the official Affidavits of Support forms with detailed instructions and requirements

Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Federal law that defines sponsor's obligations, liability, and duration of financial responsibility in support agreements

Federal Poverty Guidelines: Annual guidelines published by Department of Health and Human Services that establish income thresholds for sponsors (typically requiring 125% of poverty level)

State Contract Laws: State-specific regulations governing contract formation, enforceability, and execution requirements that affect the validity of the affidavit

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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