Navigating the US immigration process can be complex, with a mountain of specific requirements and detailed paperwork. One critical document you may encounter is the Affidavit of Financial Support. This document serves as a binding contract between a sponsor and the US government, demonstrating that an immigrant will have adequate financial backing and will not become a public charge.
Understanding the Affidavit of Financial Support and the key things you need to know about it is a fundamental step for many sponsors. The affidavit confirms that you, the sponsor, accept financial responsibility for the intending immigrant. This commitment has legal and economic implications that are vital to comprehend before you sign.
Read on, and we will walk you through the purpose of the Affidavit of Financial Support, who needs one, and the responsibilities that come with being a sponsor.
What Is an Affidavit of Financial Support?
An Affidavit of Financial Support, often referred to as Form I-864, is a legally enforceable document that a US citizen or lawful permanent resident signs to accept financial responsibility for an individual who is seeking to immigrate to the United States. Its primary purpose is to demonstrate to US immigration authorities that the applicant for a green card has sufficient financial support and is unlikely to rely on public benefits.
When a sponsor signs this document, they are creating a contract with the US government. This contract is a serious commitment. The responsibilities outlined in the affidavit last until the sponsored immigrant becomes a US citizen, has worked for 40 qualifying quarters in the US, permanently leaves the country, or passes away.
Who Needs To File an Affidavit of Financial Support?
The requirement for an Affidavit of Financial Support applies to nearly all family-based and some employment-based immigration cases. If you are petitioning for a relative to receive a green card, you will almost certainly need to file this form.
Family-Based Petitions
Most family-based immigrant visa applications require an I-864. This includes spouses, parents, children, and siblings of US citizens, as well as spouses and unmarried children of lawful permanent residents. The petitioner who filed the initial immigrant petition (Form I-130) must file an Affidavit of Financial Support, even if their income is insufficient and a joint sponsor is needed.
Employment-Based Petitions
In some employment-based immigration cases, an Affidavit of Financial Support is also necessary. This typically happens when a US citizen or lawful permanent resident relative filed the immigrant visa petition for the applicant, or when the relative has an ownership interest in the entity that filed the petition.
Understanding the Sponsor’s Financial Obligations
Becoming a sponsor is a substantial undertaking with long-term financial duties. Before you commit, it is vital to understand the full scope of your responsibilities.
The Income Requirement
A sponsor must demonstrate that their household income is at least 125 percent of the federal poverty guidelines for their household size. The household size includes the sponsor, their dependents, any relatives living with them, and the intended immigrant. For sponsors who are on active duty in the US military and are sponsoring a spouse or child, the income requirement is 100 percent of the federal poverty guidelines.
Meeting the Financial Threshold
If a sponsor’s income does not meet the 125 percent threshold, there are other ways to satisfy the financial requirement. A sponsor may use the value of their assets, such as cash, stocks, and real estate, to supplement their income. The total value of these assets must generally be at least five times the difference between the sponsor’s income and the required income level.
The Role of a Joint Sponsor
If the primary sponsor cannot meet the financial requirements on their own, a joint sponsor may be used. A joint sponsor is a US citizen or lawful permanent resident who is not the petitioner but agrees to accept the same legal responsibilities as the primary sponsor. A joint sponsor must independently meet the 125 percent income requirement and be willing to be jointly and severally liable for the immigrant’s financial support.
What Documents Are Needed?
When submitting an Affidavit of Financial Support, the sponsor must provide evidence to support their financial claims. For a successful application, proper documentation is crucial.
The sponsor will need to submit proof of their income, which typically includes their most recent federal income tax return. Additionally, evidence of current employment, such as pay stubs or a letter from an employer, is generally required. If assets are being used to meet the income requirements, proof of ownership and the value of those assets must also be provided.
What Happens After the Affidavit Is Filed?
Once the Affidavit of Financial Support is submitted, it is reviewed by a consular officer or an immigration officer at the US Citizenship and Immigration Services (USCIS). The officer will determine whether the sponsor meets all requirements and whether the provided documentation is sufficient. If the affidavit is deemed acceptable, the immigrant’s application for a green card can proceed.
If the officer finds the affidavit to be insufficient, they may issue a Request for Evidence (RFE). The sponsor will then have a set period to provide the required evidence, and failure to do so could result in the denial of the immigrant’s visa application.
When Do the Sponsor’s Responsibilities End?
A sponsor’s obligations under the Affidavit of Financial Support are legally binding and continue until one of five specific events occurs. The financial responsibility terminates when the sponsored immigrant:
- Becomes a US citizen
- Is credited with 40 quarters of work in the United States (approximately 10 years)
- Permanently leaves the United States
- Passes away
- Is subject to removal but obtains a new grant of adjustment of status in removal proceedings
It is important to note that divorce does not terminate a sponsor’s financial obligations. Even if a marriage ends, the sponsor remains financially responsible for their former spouse until one of the terminating events occurs.
Seeking Professional Guidance
The Affidavit of Financial Support is a complex legal document with serious and long-lasting consequences. Fully understanding the Affidavit of Financial Support and the key things you need to know before signing is the best way to prepare for this commitment. And while this article covers some of the fundamentals, every case has unique circumstances. Consulting an experienced immigration attorney can provide clarity and help you navigate the process correctly.
At Gahagan Law Firm, we know that navigating the immigration process can feel overwhelming, but you don’t have to go through it alone. Led by Michael Gahagan, an expert family-based immigration lawyer, our team is here to provide personalized support, in-depth guidance, and unwavering dedication to your case. Let us take the stress out of the process; reach out today to get the trusted help you deserve.