Affidavits of Support

The petitioners of family-sponsored immigrants must sign affidavits of support (I-864). This requirement also applies to the petitioner of an employment-based petition if the petition is submitted by a relative or by a company in which a relative holds a significant ownership interest.

An affidavit of support permits government agencies to request reimbursement from the petitioner if the beneficiary receives means-test public benefits.

The petitioner’s income must be no less than 125% of the current Federal Poverty Guidelines based on household size. If not, he may include the income and assets of a qualifying household member who has signed form I-864A. The value of any asset is counted as 20% of income. If the petitioner is unable to meet the income requirements, a co-sponsor is required.

Supporting documents for the affidavit of support should include certified income tax returns and W-2s and 1099s.

The petitioner’s obligation to support the beneficiary terminates any of the following events occurs regarding the beneficiary: (1) He naturalizes; (2) He dies; (3) He leaves the U.S. permanently; or (4) He is credited with 40 quarters of work in the U.S. A divorce does not terminate the petitioner’s obligations under the affidavit of support.

 

“I can honestly say that Mr. Carl Shusterman and his team are probably the best in the business when it comes to immigration matters. Carl’s greatest asset is his prior work experience as a former INS prosecutor. My family and I were on the verge of being deported from the United States. Because of Carl’s expertise and dedication, not only are we allowed to remain in this country permanently but are on path of obtaining citizenship…” (More client reviews…)

 

Affidavits of Support is divided into the following subtopics:

 

• General Information
• HHS Poverty Income Guidelines

 

General Information

 

• Affidavit of Support Requirements
• Public Charge Fact Sheet
• How Do I File An Affidavit of Support for a Relative? (USCIS)
• Affidavit of Support Poverty Guidelines (USCIS) (Updated 4-4-13)
• Affidavit of Support Regulations for Immigrants – Final Rule (6-21-06)
• Fact Sheet: Final Rule Regarding Affidavit of Support (USCIS) (6-21-06)
• Affidavit of Support General Information & Frequently Asked Questions (State Department)
• State Department Cable: No Affidavit of Support Required If Person Has 40 Quarters of Social Security Coverage (February 2002)
• INS Memo: No Affidavit of Support Required If Person Has 40 Quarters of Social Security Coverage (5-17-01)

 

HHS Poverty Income Guidelines

 

• The 2013 HHS Poverty Income Guidelines
• The 2012 HHS Poverty Income Guidelines
• The 2011 HHS Poverty Income Guidelines
• The 2010 HHS Poverty Income Guidelines
• The 2009 HHS Poverty Income Guidelines
• The 2008 HHS Poverty Income Guidelines
• The 2007 HHS Poverty Income Guidelines
• The 2006 HHS Poverty Income Guidelines
• The 2005 HHS Poverty Income Guidelines
• The 2004 HHS Poverty Income Guidelines
• The 2003 HHS Poverty Income Guidelines
• The 2002 HHS Poverty Income Guidelines
• The 2001 HHS Poverty Income Guidelines
• The 2000 HHS Poverty Income Guidelines
• The 1999 HHS Poverty Income Guidelines
• The 1998 HHS Poverty Income Guidelines
• The 1997 HHS Poverty Income Guidelines
• The 1996 HHS Poverty Income Guidelines