An Affidavit of Support is a legal document used in the United States immigration process to demonstrate that a sponsor is willing and able to financially support a family member or relative who is seeking to immigrate to the U.S. The purpose of the affidavit is to ensure that the immigrant does not become a public charge and is financially supported during their stay in the country.
Key points about the Affidavit of Support:
- Sponsorship Responsibility: The sponsor (U.S. citizen or permanent resident) is legally responsible for financially supporting the sponsored immigrant.
- Form I-864: The Affidavit of Support is typically submitted using Form I-864, officially known as the “Affidavit of Support Under Section 213A of the INA.” This form is filed by the sponsor and is a legally binding contract.
- Income Requirements: The sponsor must meet certain income requirements to prove they have the financial means to support the intending immigrant. If the sponsor’s income is insufficient, they may need to use assets or find a joint sponsor.
- Duration of Responsibility: The sponsor’s financial responsibility continues until the sponsored immigrant becomes a U.S. citizen, has earned 40 qualifying quarters of work, ceases to be a permanent resident, or dies.
- Enforceability: The Affidavit of Support is legally enforceable, and the government or the sponsored immigrant can take legal action against the sponsor if they fail to meet their financial obligations.
Affidavit of Support checklist
Creating an Affidavit of Support involves several steps and the submission of specific documents. Here is a checklist to guide you through the process:
- Determine Eligibility:
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- Ensure that you are eligible to be a sponsor by being a U.S. citizen or a permanent resident.
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- Identify the Correct Form:
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- Choose the appropriate form based on the immigration category. For family-sponsored immigrants, Form I-864 is commonly used.
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- Gather Personal Information:
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- Collect personal details such as your full name, address, date of birth, and Social Security Number.
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- Provide Information about the Sponsored Immigrant:
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- Gather information about the person you are sponsoring, including their full name, relationship to you, and immigration status.
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- Income Documentation:
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- Include proof of your income for the most recent tax year. This may include W-2s, 1099s, and tax returns. If you did not file taxes, explain why and provide alternative evidence of income.
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- Employment Verification:
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- If employed, submit a letter from your employer indicating your position, salary, and the duration of your employment.
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- Use of Assets:
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- If your income is insufficient, you may use assets to meet the financial requirements. Include documentation such as bank statements, property deeds, or other evidence of assets.
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- Joint Sponsor (if applicable):
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- If your income alone does not meet the requirements, consider finding a joint sponsor. The joint sponsor should also complete a separate Affidavit of Support.
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- Affidavit of Support Form:
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- Complete the Affidavit of Support form accurately and thoroughly. Ensure all required fields are filled in, and check for any errors.
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- Signature and Notarization:
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- Sign the completed form in the designated areas. Some forms may require notarization, so check the instructions for your specific form.
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- Supporting Documents:
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- Attach all required supporting documents, including proof of income, employment verification, and any additional evidence.
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- Photocopies:
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- Make photocopies of all documents for your records before submitting the original forms and documents.
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- Mail or Submit Electronically:
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- Follow the submission instructions provided with the specific form. Some forms may be submitted electronically, while others require mailing.
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- Filing Fee:
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- Pay any required filing fees associated with the submission of the Affidavit of Support.
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- Follow Up:
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- Keep track of your submission and follow up with the immigration authorities if necessary. Ensure that all requested additional information is provided promptly.
How to fill out Affidavit of Support
Filling out the Affidavit of Support, typically using Form I-864, involves providing accurate and detailed information about your financial situation to support the sponsored immigrant. Here is a step-by-step guide on how to fill out the Affidavit of Support:
Step 1: Obtain the Correct Form
- Download Form I-864 from the official website of U.S. Citizenship and Immigration Services (USCIS). Ensure you are using the latest version of the form.
Step 2: Personal Information
- Complete your personal information, including your full legal name, address, date of birth, and Social Security Number.
Step 3: Sponsored Immigrant’s Information
- Provide information about the person you are sponsoring, including their full name, relationship to you, and their Alien Registration Number (A-Number) if available.
Step 4: Household Size
- Indicate the number of people living in your household. This includes yourself, your dependents, and the sponsored immigrant.
Step 5: Income Information
- Provide details about your income. This may include:
- W-2 forms for the most recent tax year.
- 1099 forms if applicable.
- Federal income tax return (Form 1040) for the most recent tax year.
Step 6: Employment Information
- If you are employed, provide information about your job, including your employer’s name, address, and your job title. Attach a letter from your employer verifying your employment.
Step 7: Use of Assets (if applicable)
- If your income does not meet the requirements, you may use assets. Provide information about your assets, such as bank statements, property deeds, or other relevant documents.
Step 8: Joint Sponsor (if applicable)
- If your income is insufficient, you may use a joint sponsor. The joint sponsor should complete a separate Affidavit of Support (Form I-864) and provide their financial information.
Step 9: Dependent’s Income (if applicable)
- If you have dependents listed on your tax return who are not immigrating with you, you may include their income information.
Step 10: Signature and Notarization
- Sign the form in the designated area. Some versions of the form may require notarization, so check the instructions.
Step 11: Supporting Documents
- Attach all required supporting documents, including proof of income, employment verification, and any additional evidence requested by the form.
Step 12: Photocopies
- Make photocopies of all completed forms and supporting documents for your records.
Step 13: Submission
- Follow the submission instructions provided with the form. This may include mailing the form to the appropriate address or submitting it electronically.
Step 14: Filing Fee
- Pay any required filing fees associated with the submission of the Affidavit of Support.
Step 15: Follow Up
- Keep track of your submission and follow up with USCIS if necessary. Be responsive to any requests for additional information
