Affidavit Of Support Section 213A of the immigration and Nationality Act and 8 CFR 213a require most Family-based and certain Employment-based intending Immigrants who, on or after December 19, 1997, seek to enter the United States as Immigrants or who apply for Adjustment of status (green card) to establish that they are not inadmissible as Aliens likely at any time to become a public charge by having a Sponsor sign a legally enforceable Affidavit of Support on behalf of the affected intending Immigrant. A "public charge" has been defined to mean an Alien who is likely to become for admission or Adjustment of status purposes "primarily dependent on the United States government for subsistence. An Alien who is likely at any time to become a public charge is inadmissible and ineligible to become Legal Permanent Resident of the United states. The Affidavit is submitted on Form I-864 or for those Sponsors who are eligible to use it, on Form I-864EZ. Form I-864EZ, is a short form Affidavit of Support to be used by certain petitioning Sponsors who rely only upon their own Employment to meet the Affidavit of Support requirements.
The Affidavit of Support is not a separate application. It is a supporting documentation for an Adjustment of status (green card) application. Persons Required to Have Sponsorship The following class of intending Immigrants are required to have Form I-864 filed on their behalf: - Immediate relatives, including K non Immigrants adjusting to Lawful Permanent Resident (Green card) status and orphans (unless the orphan would become a citizen upon Adjustment of status.
- Family based Immigrants;
- Employment based Immigrants if the petitioning Employer is a relative of the Alien, and is a United States Citizen or Lawful Permanent Resident; and
- Employment based Immigrants if a relative of the Alien has a significant ownership interest (5% or more) in the for-profit petitioning entity, and is a U.S. Citizen or a Lawful Permanent Resident.
For Employment based cases, an Affidavit of Support is required only if the intending Immigrant will work for a relative who is eligible to file a Form I-130 on behalf of the Intending Immigrant. Therefore, for purposes of the Affidavit of Support, a relative is defined as: - A United States Citizen or Lawful Permanent Resident who is the intending Immigrant’s spouse, parent, child, adult son or daughter, or
- A United States Citizen who is the intending Immigrant’s brother or sister.
Applicants Exempt from Sponsorship The following intending Immigrants do not need to file Form I-864 when applying for Adjustment of status: - Any intending Immigrant who falls within an Immigrant classification listed above but
- Has already earned, or can be credited with 40 quarters of coverage pursuant to the Social Security Administration’s regulations; or
- Is classified as the child of a United States citizen, if the child’s Adjustment of status application is approved before the child’s 18th birthday, and if the approval will make the child a citizen under section 320 of the Act (i.e., the Child Citizenship Act of 2000).
- Diversity Immigrants.
- Special Immigrants.
- Employment based Immigrants (other than those for whom a relative either filed the Form I-140 or owns 5% or more of the firm that filed the Form I-140.
- Self-petitioning Immigrants (including self-petitioning widow(ers) and battered spouses and children).
- Refugees and Asylees adjusting status.
- Registrants under section 249 of the Immigration and Nationality Act.
Sponsor Requirements A Sponsor who completes Form I-864 must be all of the following: - The petitioning relative or the relative who has a significant ownership interest in the petitioning entity;
- An individual (a Sponsor cannot be a corporation, organization, or other entity);
- A citizen of the United States or a Permanent Resident (including Conditional Residents);
- At least 18 years of age;
- Domiciled in the United States, the District of Columbia, or any territory or possession of the United States.
- Able to demonstrate the means to maintain an income of at least 125% of the Federal Poverty Guidelines for the Sponsor’s household size, including the Immigrants being Sponsored or previously Sponsored. A Sponsor on active duty in the U.S. Armed Forces, other than active duty for training, who is petitioning for a spouse or child, is required to only demonstrate the means to maintain an income equal to at least 100% of the Federal Poverty Guidelines. Assets of the Sponsor, the intending Immigrant, or both may be used to meet this requirement.
Domicile Domicile means the place where a Sponsor has his or her principal residence, with the intention to maintain that residence for the foreseeable future. A United States citizen living abroad whose Employment meets the requirements of section 319(b)(1) of the Immigration and Nationality Act is considered to be domiciled in the United States. For purposes of the ability to sign a Form I-864, a Lawful Permanent Resident living abroad is considered to have a domicile in the United States during a temporary period of residence abroad if he/she has obtained preservation of residence benefits under section 316(b) or section 317 of the Immigration and Nationality Act. There may be other situations in which a United States Citizen or Lawful Permanent Resident can establish that his or her domicile is in the United States, despite the fact that the citizen or Lawful Permanent Resident is currently living outside the United States.
Use of Spouse’s Income to meet the Affidavit of Support Requirement A Sponsor’s spouse who qualifies as a household member and wishes to have his or her income included as a household member generally needs to complete a Form I-864A. However, if the spouse is not willing to let the Sponsor rely on the spouse’s income, that is acceptable. In this situation, the Sponsor needs to show his or her own income and which portion of any assets used to qualify can be attributed to him or her. In some situations, the Sponsor’s spouse qualifies as a household member and is also the intending Immigrant being Sponsored. Since a Sponsored Immigrant cannot agree to support him or herself, he or she is not required to complete a Form I-864A. If children are also listed on the Affidavit of Support, and the Sponsor intends to rely on the spouse’s income to show the ability to support these accompanying Family members, then the spouse must complete Form I-864A in order for the Sponsor to be able to rely on the spouse’s income. Use of Intending Immigrant’s Income to meet the Affidavit of Support Requirements If the Sponsor does not meet the income requirement on the basis of his or her own income and/or assets, the Sponsor may also count the intending Immigrant’s income if - The intending Immigrant is either the Sponsor’s spouse or
- Has the same principal residence as the Sponsor, and
The preponderance of the evidence shows that the intending Immigrant’s income results from the intending Immigrant’s lawful Employment in the United States or from some other lawful source that will continue to be available to the intending Immigrant after he or she acquires Permanent Resident status. The prospect of Employment in the United States that has not yet actually begun does not count toward meeting this requirement. Use of Intending Immigrant’s Assets If the Sponsor does not meet the income requirement using his or her own income and/or assets, the Sponsor may include the net value (the total value of the assets less any offsetting liabilities) of the intending Immigrant’s assets. The intending Immigrant needs to provide documentation showing the net value of all assets. The required total net value of assets depends upon the basis upon which the Sponsored Alien intends to immigrate. Substitute Sponsorship If the visa petitioner dies before United States Citizenship (USCIS) approves the visa petition, the Immigration Laws does not permit anyone else to file the Form I-864. If the visa petitioner dies after United States Citizenship and Immigration Services (USCIS) approves the visa petition, Under the provisions of the Immigration and Nationality Act the beneficiary of such family based Immigrant visa Petition may immigrate or adjust status if in the United States. Under this provision, it is appropriate to request for reinstatement of such approved visa petition if the request to reinstate is supported by a properly completed Form I-864 signed by an eligible substitute Sponsor (and by a joint Sponsor, if necessary).
The substitute Sponsor must be the Sponsored Alien’s: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild or legal guardian. Joint Sponsor for Affidavit of Support If the petitioner or substitute Sponsor cannot demonstrate the ability to maintain an income of at least 125% (or 100% when applicable) of the Federal Poverty Guidelines, the intending Immigrant may meet the Affidavit of Support requirement by obtaining a joint Sponsor who is willing to accept joint and several liability with the principal Sponsor as to the obligation to provide support to the Sponsored Alien and to reimburse agencies who provide means-tested benefits to the Sponsored Alien during the period that the Affidavit is enforceable. The joint Sponsor must demonstrate income or assets that independently meet the requirements to support the Sponsored Immigrant(s). The incomes of the primary Sponsor, sponsored Immigrant and joint Sponsor can not be combined to meet the threshold. Each joint Sponsor must execute a Form I-864 that is submitted in addition to the Form I-864 submitted by the petitioner or substitute Sponsor. A joint Sponsor does not have to be related to the petitioner or substitute Sponsor, or the Sponsored Alien. However, a joint Sponsor must otherwise meet the same requirements as a petitioner or substitute Sponsor. The petitioner or substitute Sponsor, as well as the joint Sponsor, has full financial responsibility for Immigrant(s) they Sponsor.
An Affidavit of Support must be sufficient both at the time the Adjustment of status is filed and at the time the Adjustment of status application is adjudicated. Withdrawal of an Affidavit of Support A person who has signed a Form I-864, I-864EZ or I-864A may withdraw the Form. If the person does so, USCIS will adjudicate the application for Adjustment of status as if the withdrawn From I-864, I-864A or I-864EZ had never been filed. In an Adjustment of status case, a withdrawal of the Form I-864, I-864EZ or I-864A is not effective unless it is in writing and USCIS actually receives the withdrawal before the final decision on the Adjustment application. In an Immigrant visa case, before a consular officer issued an Immigrant visa. Back to Top Federal Tax Returns Each Sponsor must submit either a transcript or a copy of his or her most recent US. Federal individual income tax return (Form 1040, 1040A or 1040EZ), including all Schedules filed with the IRS. If the Sponsor submits a copy of the tax return, he or she must also include copies of any and all IRS Forms W-2 and 1099 that reflect income used to qualify. State or foreign income tax returns are not acceptable; Use of Household Member's Income to meet the Affidavit of Support Requirement The Sponsor may use the income of any member of his or her own household who is at least 18 years old to help meet the household income requirement. The Sponsor and household member must complete Form I-864A, which must include a copy or transcript of the household member’s most recent tax return and sufficient documentation of all income and assets he or she lists on the Form I-864A. Sponsor’s Household Size for Affidavit of Support Purpose The Sponsor’s total household size is used to determine the income requirement that has to be meet on the Federal Poverty Guideline. For purposes of Form I-864, a household size includes the total of the following groups of individuals: - Sponsor;
- Person(s) the Sponsor is Sponsoring on the Affidavit of Support (will always be one if the Sponsor is using Form I-864EZ instead of Form I-864);
- Sponsor’s spouse, if the Sponsor is married;
- All of the Sponsor’s children, as defined in section 101(b)(1) of the Immigration and Nationality Act except those that have
- Reached the age of majority (i.e., are at least 18 years old) or are emancipated under the law of the person’s domicile, and
- Are not claimed as dependents on the Sponsor’s most recent Federal income tax return;
- Other persons lawfully claimed as dependents on the Sponsor’s tax return for the most recent tax year; and
- The number of siblings, parents, and/or adult children who
- Have the same principal residence as the Sponsor, and
- Have combined their income with the Sponsor’s income by submitting Form I-864A.
A substitute Sponsor or joint Sponsor is not eligible to claim the 100% income level based on the petitioner’s relationship to the intending Immigrant, or the petitioner’s military status. A substitute Sponsor or joint Sponsor may claim the 100% income level only if the substitute Sponsor or joint Sponsor, himself or herself, is on active duty in the U.S. Armed Forces (other than for training) and the intending Immigrant is the spouse or child of the substitute Sponsor or joint Sponsor.
Use of Assets to Supplement Sponsor’s Income If a Sponsor cannot meet the Poverty Guideline requirement based upon total household income , he or she may show evidence of assets owned by the Sponsor, and/or members of the Sponsor’s household, that are available to support the Sponsored Immigrant(s) and can be readily converted into cash within 1 year. For assets of the intending Immigrant and/or household member to be considered, the household member must complete and sign Form I-864A. Evidence of Assets Evidence of the Sponsor’s assets should be attached to the Form I-864. Evidence of the principal Sponsored Immigrant’s and/or household member assets should be attached to Form I-864A. In each instance, the evidence should establish the location, ownership, and value of each listed asset, including any liens or liabilities for each listed asset. Evidence of assets includes, but is not limited to: - Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the Sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;
- Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired;
- Evidence of ownership and value of other personal property and dates acquired; and
- Evidence of ownership and value of any real estate and dates acquired.
Amount of Assets required In order to qualify using assets, the total net value of all assets must generally equal at least five times the difference between the Sponsor’s total household income and the minimum income requirement or the current year. Back to Top Example for a household size of 4: 125 percent of 2008 poverty guidelines: $26,500 sponsor's income: $19,500 Difference : $7,000 Multiply by 5: X5 Minimum Required Net Value of Assets : $35,000 There are two exceptions, however: If the adjustment of status applicant intends to immigrate as a spouse of a U.S. citizen or as the child of a U.S. citizen who will not become a citizen under section 320 of the Child Citizenship Act of 2000 because the child has already reached his or her 18th birthday, the "significant assets" requirement will be satisfied if the assets equal three times, rather than five times, the difference between the applicable income threshold and the actual household income. Example for a household size of 4: | | 125 percent of 2008 Poverty Guidelines | $26,500 | | Sponsor's income |
$19,500
| Difference | $7,000 | | Multiply by 3 | x 3 | Minimum Required Net Value of Assets | $21,000 |
If the adjustment of status applicant intends to immigrate as an IR-4 immigrant (orphans coming to the United States for adoption), the parents’ assets only need to equal or exceed the difference between the applicable income threshold and the actual household income. | Example for a household size of 4: | | | 125 percent of 2008 Poverty Guidelines | $26,500 | | Sponsor's income | $19,500 | Difference (Minimum Required Net Value of Assets ) | $7,000 |
Affidavit of Support Contract The last part of Form I-864 or of Form I-864EZ constitute the bulk of the contract and covers the purpose of the Affidavit of Support, which is to overcome the public charge grounds of inadmissibility. It also includes the notice of change of address requirements (the Sponsor must notify the Secretary of Homeland Security of the Sponsor’s new address within 30 days of any change of address by filing Form I-865 with United States Citizenship and Immigration Services (USCIS) Verification of Information The Government may pursue verification of any information provided on or with Form I-864, I-864EZ, I-864A (e.g., Employment, income, and/or assets) with the Employer, financial or other institutions, the Internal Revenue Service, or the Social Security Administration. Termination of Sponsor’s Obligation and Enforcement The obligations created under Form I-864 and I-864A terminates when the Sponsored Alien: - Becomes naturalized;
- Is credited with at least 40 quarters of Employment in the Social Security system;
- Loses or abandons his or her lawful Permanent Resident status; or
- Dies.
If the Sponsored Immigrant is the Sponsor’s child, the legal obligation made in the Affidavit of Support is not terminated by the child’s adoption after acquiring permanent residence. If the Sponsored Immigrant is the Sponsor’s spouse, divorce will not terminate the legal obligation made in the Affidavit of Support. Where the support obligation has been terminated, the Sponsor, or the Sponsor’s estate may still be held liable for any reimbursable amount that accrued before the termination of the obligation. Links to Form I-864P :Affidavit of support Poverty Guidelines Form I-864 :Affidavit of Support Form I-864EZ Affidavit of Support Form I-865: Sponsor's Notice of Change of Address Form I-864A :Contract between Sponsor and household Member
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