Affidavit Of Invitation And Support Template for the United States
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What is a Affidavit Of Invitation And Support?
The Affidavit of Invitation and Support is a crucial document in U.S. immigration processes, commonly used when foreign nationals seek temporary visits to the United States. This document becomes necessary when visitors need to demonstrate to immigration authorities that they have sufficient support during their stay. The affidavit includes detailed information about the sponsor's financial capability, relationship to the visitor, and specific commitments of support. It must comply with USCIS requirements and state notarization laws, and is often required as supporting documentation for visa applications. The document helps immigration officials assess whether the visitor is likely to become a public charge and provides assurance of adequate support during their stay.
Frequently Asked Questions
Is an Affidavit of Invitation and Support legally binding in the United States?
Yes, an Affidavit of Invitation and Support is legally binding under federal immigration law in the United States. Once signed, the sponsor becomes legally obligated to provide financial support to the visitor and may be held liable for any public benefits the visitor receives. This commitment is enforceable by USCIS and can have serious financial consequences if violated.
What happens if my Affidavit of Invitation and Support is missing or incomplete when submitted to USCIS?
An incomplete or missing affidavit will likely result in a Request for Evidence (RFE) or outright denial of the visitor's visa application. USCIS requires all mandatory fields and supporting documentation to be properly completed under federal immigration law. This can significantly delay the visa process and may require resubmission with additional fees.
What income requirements must I meet as a sponsor under United States immigration law?
Under the Immigration and Nationality Act, sponsors must demonstrate income at least 125% above the federal poverty guidelines for their household size. You must provide tax returns, pay stubs, and employment verification as required by 8 CFR regulations. Active military sponsors need only meet 100% of the poverty guidelines.
How is an Affidavit of Invitation and Support different from Form I-864 Affidavit of Support?
An Affidavit of Invitation and Support is for temporary visitors (tourist/business visas), while Form I-864 is for immigrant visa petitions leading to permanent residence. The invitation affidavit has less stringent requirements and shorter duration obligations. Form I-864 creates a legally enforceable 10-year financial commitment under federal law.
How long does it take to properly prepare an Affidavit of Invitation and Support?
Gathering required documentation and completing the affidavit typically takes 1-3 weeks for most sponsors. You'll need time to obtain recent tax returns, bank statements, employment letters, and other financial documents required by USCIS. Rush preparation often leads to errors that can delay visa processing.
What are the most common mistakes people make when completing this affidavit?
Common errors include underestimating household size calculations, failing to include all required financial documentation, and not updating income information to reflect current status. Many sponsors also forget to notarize the document or provide insufficient details about the visitor's planned activities, both required under federal regulations.
Can I withdraw my Affidavit of Invitation and Support after it's been submitted?
While you can request withdrawal before the visa is issued, you remain legally bound by any commitments already made under the Immigration and Nationality Act. Once the visitor arrives in the US using your affidavit, your financial obligations continue for the duration of their authorized stay. Consult an immigration attorney before attempting withdrawal.
About the Affidavit Of Invitation And Support
When sponsoring a foreign visitor to the United States, you may need to provide an Affidavit of Invitation and Support to satisfy immigration requirements. This legal document demonstrates your commitment to financially support your visitor and helps immigration officials determine whether the visitor is likely to become a public charge during their stay.
When do you need this document?
You'll need this affidavit when a foreign national applies for a temporary visitor visa (B-1/B-2) and requires proof of financial support. Immigration officers often request this document when the visitor's personal financial resources appear insufficient for their intended stay. The affidavit is particularly important for visitors from countries with higher visa denial rates or when the visitor lacks substantial ties to their home country. You may also need this document for family reunification visits, business trips where the visitor's employer isn't covering expenses, or medical visits where treatment costs require guaranteed payment sources.
Key legal considerations
The affidavit creates legally binding financial obligations under federal immigration law. As the sponsor, you're declaring your willingness and ability to support the visitor financially, which may include housing, food, medical expenses, and transportation costs. Your income must meet or exceed 125% of the Federal Poverty Guidelines for your household size, including the visitor. The document requires comprehensive financial disclosure, including tax returns, employment verification, and asset statements. False statements in the affidavit can result in perjury charges, and you may be held financially responsible for any public benefits the visitor receives. The affidavit doesn't guarantee visa approval but demonstrates good faith support commitments to immigration authorities.
Legal requirements in United States
Under the Immigration and Nationality Act and USCIS regulations, the affidavit must include specific sponsor information such as citizenship status, complete contact details, and relationship to the visitor. You must provide detailed visitor information including passport details, intended length of stay, and purpose of visit. Federal requirements mandate financial documentation proving your ability to support the visitor at 125% of Federal Poverty Guidelines. The document must be notarized according to your state's notary laws, with proper identification verification and notary seal. USCIS Form I-134 may be required alongside or instead of a general affidavit, depending on the specific immigration process. State-specific notarization requirements vary, but all require the sponsor's physical presence before a licensed notary public and proper acknowledgment procedures.
GOVERNING LAW
Applicable law
This Affidavit Of Invitation And Support is drafted to comply with United States law. Key legislation includes:
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