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.
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Affidavits of Support is divided into the following subtopics:
General Information – Affidavits 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