Affidavit of Support
The petitioner of a family-sponsored petition (I-130) must sign affidavits of support (I-864). This requirement also applies to the petitioner of an employment-based petition (I-140) 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 an affidavit of support include certified income tax returns, W-2s and 1099s.
A person who has paid in to the Social Security system for a minimum of 10 years, or 40 quarters, does not require an affidavit of support.
The petitioner’s obligation to support the beneficiary terminates if any of the following events occur to 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.
A person can submit an I-864EZ form if he is sponsoring a relative using form I-130, there are no derivative beneficiaries (spouses and children) immigrating within 6 months of the sponsored relative and the funds used to support the affidavit are based entirely on income/pension supported by W-2 forms.
“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…)
Skype Consultations Available!
Affidavit of Support is divided into the following subtopics:
General Information – Affidavit of Support
- 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