Affidavits of Support
Who must provide an affidavit of support?
Everyone who files an I-130 petition to immigrate a family member must also submit an affidavit of support. This is required when the family member is ready to adjust status in the United States or apply for an immigrant visa at a U.S. consulate. The petitioner on the I-130 becomes the sponsor and must complete and file a Form I-864 or I-864EZ.
Are any family members excused from having a sponsor?
Certain battered spouses and children do not need to file an affidavit of support, as well as widow(er)s of deceased U.S. citizens who qualify to file their own visa petition. Refugees and asylees who are filing for adjustment of status do not have to submit an affidavit of support. Nor do Cubans who are adjusting under the Cuban Adjustment Act. Persons who are applying for nonimmigrant visas, such as the B or K visas, do not have to file an I-864. But they may be asked to submit a similar affidavit on Form I-134.
Two other groups do not need to submit an I-864. One group consists of those who have worked in the United States with a valid Social Security card and have accrued 40 “qualifying quarters” of coverage. This means that they have worked for at least 10 years, because a worker can earn up to 4 quarters per year. They may also get credit for all of the Social Security quarters earned by their spouse during marriage and all of the quarters earned by their parents before they turned 18. So they may qualify for this exception without having worked at all. The second group consists of children under 18 years of age who will be adjusting status or consular processing and then residing with at least one U.S. citizen parent in the United States. Both of these groups submit a Form I-864W instead of an I-864.
Who qualifies to be a sponsor?
Sponsors must be over 18 years of age and domiciled in the United States. They must show that they have enough income, which is based on the federal Poverty Income Guidelines. A sponsor must have income that is at least 125 percent of this guideline for his or her household size. If the sponsor is serving in active duty in the U.S. armed forces and is immigrating a spouse or child, he or sheonly hasto have an income that is at least 100 percent of the poverty income guideline. Sponsors who do not have enough income may be able to satisfy the financial requirement with proof of assets. Failing that, they can obtain an affidavit of support from a joint sponsor.
How do you measure household size?
The sponsor has to count as part of the household size his or her spouse and unmarried children (under 18), regardless of where they reside. The sponsor must also include any stepchildren whom the sponsor is immigrating. The sponsor has to count any dependents on the last tax return regardless of where they reside. The sponsor must also count the family members who are immigrating through the I-130 petition, which includes the principal beneficiary and any dependents immigrating with the principal beneficiary or who will be immigrating within six months. Finally, the sponsor may count his or her parents, siblings, and any married or adult children who are residing with the sponsor. The reason for including these household members is that the sponsor wishes to include their income in satisfying the financial requirement.
How do I count household income?
The sponsor will be estimating how much income he or she will earn for the current year. The sponsor may count all of his or her earned or unearned income. The sponsor may not count income from federal cash assistance programs such as Supplemental Security Income (SSI) or Temporary Assistance to Needy Families (TANF). In addition, the sponsor may count the income of the family member he or she is trying to immigrate, as long as that family member is residing with the sponsor or is his or her spouse. That intending immigrant must be working in the United States with employment authorization.
What supporting documentation must the sponsor submit?
Sponsors must submit the most recent tax return, assuming they had a tax liability. In addition, the sponsor may submit the two prior tax returns. To verifycurrent income that is higher than that reported on last year’s income tax return, the sponsor may submit a statement from the current employer verifying salary, date that the employment began, and number of hours worked per week.
What if my income is insufficient?
If the sponsor’s income is too low, he or she can count significant assets that can be converted to cash in the United States. These typically include cash in a bank account, stocks and bonds, in addition to the income. The assets must be cash or items that can be quickly changed into cash. The assets must be five times the shortfall in income.
Who qualifies to be a joint sponsor?
If sponsors do not have enough income, they can also file an affidavit of support from a friend or relative who does have sufficient income. This joint sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident alien and be domiciled in the United States. They must also be able to satisfy the income requirement for their household size.
What is a sponsor agreeing to do?
The sponsor, and any joint sponsor, is agreeing to provide the sponsored immigrant with enough income that he or she will not need to seek public benefits. For 2015, this means the sponsor is agreeing to provide the sponsored immigrant with at least $14,712. Should the sponsored immigrant receive certain public benefits while the affidavit is still in effect, the sponsor may have to reimburse the state or federal agency that provided the benefits. This requirement has not been enforced by any states as of this time. The sponsor must also keep the federal government informed of any change in address.
How long does the affidavit remain in effect?
The affidavit ends when the sponsored immigrant naturalizes, dies, is deported, or abandons his or her permanent residency. It also ends when the sponsor dies. The affidavit also ends when the sponsored immigrant acquires 40 “qualifying quarters” of social security coverage. Divorce will not terminate the affidavit of support.