Affidavit of Support

What is the Affidavit of Support?
The Immigration and Nationality Act (INA) provides that an intending immigrant is inadmissible if s/he is "likely to become a public charge."

To establish that the intending immigrant has enough financial support to live without concern of becoming reliant on U.S. government welfare, U.S. Citizenship & Immigration Services (USCIS) and the Department of State (DOS) require the petitioner-sponsor to submit an Affidavit of Support, Form I-864. The Affidavit of Support is a legal contract between the petitioner-sponsor(for an immigrant visa applicant) and the U.S. Government, and state and local governments. It ensures that the immigrant visa applicant has adequate means of financial support and is unlikely to become a public charge after entering the U.S.

The sponsorship obligation continues until the sponsored alien naturalizes, has worked or can be credited with 40 quarters of work, leaves the United States permanently, or dies. The sponsor or the sponsor’s estate remains liable for any support or requests for repayment of benefits that arose before the support obligation ended.

In general, government agencies that provide "means-tested" public benefits, such as Food Stamps, Medicaid, and Supplemental Security Income, to sponsored immigrants will be able to request reimbursement from sponsors for the amount of benefits that they provide and sue them if they do not repay. If a person for whom you file an Affidavit of Support becomes a permanent resident, and is later given certain “means-tested” public benefits, the agency that gave him/her the benefits can require that you repay that money.

USCIS will provide information to benefit providing agencies on the names and addresses of sponsors; these agencies, not USCIS, will be involved in the enforcement of affidavits of support.

If sponsors do not provide basic support to the immigrants they bring to the United States, the sponsored immigrants may sue their sponsors.

Divorce does not nullify the Form I-864 Affidavit of Support.

Who Files an Affidavit of Support?
Every petitioner must be a sponsor and file an Affidavit of Support, even if s/he cannot meet the income (or alternative asset) requirements. The petitioner-sponsor remains fully liable, along with any joint co-sponsor, for any "means-tested" government benefits the sponsored immigrant(s) may use. A joint co-sponsor must file a separate affidavit of support, if the petitioner-sponsor cannot meet the income (or alternative asset) requirements.

1. Requirements for Sponsorship To be eligible as a petitioner-sponsor (or joint sponsor), you must:
   • Be a citizen or a lawful permanent resident of the United States; and,
   • Be at least 18 years old; and,
   • Be domiciled in the United States or a territory or possession of the United States. (Note: If one lives abroad, s/he may still be eligible to be a sponsor if s/he can show that his/her residence abroad is temporary, so that s/he still has permanent domicile in the U.S.; and,
     • Have an income level of at least 125% of the federal poverty guidelines for your "household size."
     • Petitioners who are on active duty in the U.S. Armed Forces, other than active duty for training, only need to demonstrate income at 100 percent of the poverty level if they are sponsoring their spouse or children.

     A petitioner-sponsor's use of certain means-tested public benefits does not affect a person's ability to sponsor an intending immigrant.

2. Determination of Household Size "Household size" for purposes of the Affidavit of Support includes the following persons:
   • The sponsor;
   • Anyone related to the sponsor by birth, marriage, or adoption living in the sponsor's residence for at least 6 months;
   • All persons the sponsor claimed as a “dependent” on the sponsor's last income tax return, even if not related to him/her or living in his/her home;
   • All of his/her minor children regardless of whether s/he has physical and/or legal custody;
   • All immigrants s/he previously sponsored using Affidavit of Support Form I-864 (or Form I-864A as a joint sponsor), for whom his/her support obligation has not terminated; and,
   • The persons sponsored in the current Affidavit of Support (the principal immigrant and any accompanying spouse and/or children).

   The U.S. Department of Health and Human Services (HHS) establishes and publishes the Federal Poverty Guidelines. USCIS publishes the Affidavit of Support income requirements on Form I-864P.

3. Determination of Household Income Level

   A sponsor is not required to be employed, so long as the sponsor's reasonable expectation of current income from sources other than employment, or the income of other qualifying persons in the household, or the sponsor evidences sufficient assets to reach or exceed the required minimum income level for the sponsor's household size. (See use of assets, below). However, if the sponsor is employed, the sponsor will need to show proof of employment (See proof of employment, below).

   Sponsors may include the income of the following relatives if the relative's principle residence is the same as the sponsor's residence: the sponsor's spouse (if s/he is not the intending immigrant); the sponsor's children; the intending immigrant (if the income is will continue from the same source after the intending immigrant obtains permanent resident status, and if the intending immigrant's income is derived in the U.S, and is not derived from unlawful employment). For persons filing income tax IRS Forms 1040 and 1040A income is the line for gross (total) income. For persons filing using IRS Form 1040EZ the line for adjusted gross income is used.

4. If Sponsor's Current Income is Insufficient for Eligibility to Sponsor, then s/he may use his/her Assets to Qualify for Sponsorship

   If a sponsor does not have sufficient income to meet the income requirement for the number of persons supported, s/he may list assets as a substitute for income sufficiency. Only asserts that are readily convertible to cash within one year may be used because the assets are a substitute for current income that may be available for support of the sponsored immigrant(s). Qualifying assets must have a current, supportable valuation of three (3) times the difference between the sponsor's income and the poverty guideline (or income sufficiency) for the sponsor's household size.

   A sponsor may also use another household member's assets in order to meet the minimum income requirement, provided, however, that relative's principle residence is the same as the sponsor’s residence. These include the sponsor's own individual assets as well as those of his/her household members, dependents, and/or the intending immigrant. Qualifying assets must have a current, supportable valuation of three (3) times the difference between the sponsor's income and the poverty guideline (or income sufficiency) for the sponsor's household size.

What is a Joint Sponsor?
A joint sponsor is a person who is not the petitioner for the sponsored immigrant but who meets the citizenship, residence, and age requirements, and who meets the 125 percent minimum income requirement for his or her household size. Joint sponsors are permitted when the petitioner cannot meet the income requirements or has died before all family members have immigrated.