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Affidavit of Support Household Member
Most family-based immigrants will need an affidavit of support signed by a family member promising that they will not be a financial burden on the U.S. government.
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You may sign an Affidavit of Support to sponsor (promise to provide financial support) someone who is coming to live in the United States permanently. A sponsor must:
- Be at least 18 years old;
- Be a U.S. citizen or permanent resident; and
- Show that his/her household income is at or above 125% of the U.S. poverty level for his/her household size.
If an immigrant visa petition is filed, the petitioner must be the sponsor. If the petitioner’s income is less than 125% of the U.S. poverty level, a second sponsor or household member may file an Affidavit of Support.
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Do you know if you are eligible to apply?+-
Do you know what immigration form(s) to use?+-
Do you know what documents and/or evidence to submit with your application?+-
Do you know the amount of the government fee(s) you need to pay?+-
Do you know where to file the your immigration package?+-
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General instruction by USCIS
A Form I-864, Affidavit of Support, must be filed by a person who has petitioned for his/her relative’s permanent residency in the United States. If the beneficiary is eligible to apply for his/her residency in the United States then the form and supporting documents should be filed with the relative’s green card application. If the beneficiary is applying for his/her green card abroad he/she should bring the application to his/her consular interview. If income of another household member is being used by the petitioning sponsor to qualify, then a separate Form I-864A, Contract Between Sponsor and Household Member, must be included for each household member who is accepting legal responsibility to support the relative.
U.S. federal income tax returns for the most recent tax year and proof of current income for all the sponsors must be included. An explanation must be provided if the sponsor was not required to file a tax return for any year. If the tax returns and evidence of income are not included with the form, the relative’s application will be delayed.
Do I need to submit an affidavit of support if my parents are coming to visit me in the US?
Unless your parents are coming to the US as immigrants, you do not need to file an affidavit of support. An affidavit of support is typically required to obtain an immigrant visa or adjustment of status for the following applications:
- Immediate relatives of US citizens, including parents, spouses, and unmarried children under the age of 21.
- Relatives who qualify for family based immigration including unmarried, adult sons and daughters of US citizens (over 21 years old); spouses of permanent residents and their unmarried sons and daughters regardless of age; brothers and sisters of US citizens, their spouses and their unmarried minor children.
- The form is required in certain cases for employment based preference immigrants where the US citizen or permanent resident relative filed the immigrant visa petition OR that relative has an ownership of 5% or more in the business entity that filed the petition.
Is a sponsor required for all family based green card applicants?
An affidavit of support is not required if a family sponsored green card applicant show that either:
- At least 40 qualifying quarters under the Social Security act have been work by the applicant OR
- The applicant qualifies for automatic citizenship under Section 320 of the Immigration and Nationality Act and is the child of a US citizen and admitted for permanent residence on or after February 27, 2001.
Under the Social Security Act, what is 40 qualifying quarters?
If a person has paid social security taxes from his/her earnings during a calendar quarter, then he/she is given credit for a qualifying quarter. Income must be earned and taxes must be filed in the US for an immigrant to earn it. There is a limit imposed by the US Social Security Administration (SSA) on the amount of credits a person can earn during a calendar year. In 2015, the limit was 4 credits per year. An immigrant had to earn at least $4,880 ($1,220 per credit) to earn 4 credits during the calendar year.
What is the income requirement for a sponsor?
To be able to file an affidavit of support you must meet certain income requirements, whether you are a sponsor, a joint sponsor or a substitute sponsor. Your household income must be equal to or greater than 125% of the US poverty level for your household size. Household size is determined by adding you, your dependents, any relatives living with you, and the immigrants you are sponsoring. To determine the income requirement for your household check the Form I-864P, which changes each year.
Last year my US citizen husband was unemployed and we cannot find anyone to sponsor me and sign an affidavit of support. What are our options?
You can add the cash value of your assets if you cannot meet the minimum income requirements. These assets can include savings accounts, bonds, stocks, and property. Subtract your household income from the minimum income requirement to determine the amount of assets you need to qualify. The cash value of your assets must be three times this difference. The cash value of assets must five times the difference if the beneficiary is not a spouse, son, or daughter of a US citizen. If the beneficiary is an orphan coming to the US for adoption, the adoptive parents’ net assets must only be equal to or exceed the difference.
I filed an affidavit of support for my friend’s wife three years ago and now want to marry an immigrant and file another affidavit of support. Is it possible to withdraw the affidavit of support I filed for my friend?
No. You accept legal responsibility for financially supporting the sponsored immigrant when you sign an affidavit of support. This obligation generally continues until the sponsored immigrant(s) becomes a US citizen or has earned 40 quarters of work. If the sponsored immigrant dies or abandons his/her permanent residency and leaves the US your obligation also ends. In your case, your friend’s wife should file for citizenship if she has had her green card for three years and they are still happily married.
My wife and I are divorcing. Will I still have a legal obligation under the affidavit of support I filed for her?
Yes. Your sponsorship obligation does not end with divorce. You will be responsible for repaying the cost of any “means-tested public benefits” that your wife receives. Failure to repay the debt could cause the agency to sue you in court to get the money they are owed.
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