What is an affidavit of support?

uscis affidavit of support form
(Last Updated On: )

What is the meaning of it?

An Affidavit of Support is a legal document that promises financial support from a sponsor to an immigrant. It is required by U.S. Citizenship and Immigration Services (USCIS) when a family-based or employment-based immigrant is applying for a visa or a green card. The purpose of the affidavit is to ensure that the immigrant will not become a public charge, meaning that they will not depend on the government for financial support. To qualify for a visa or a green card, the sponsor must meet the Minimum Income Requirement based on the Household Size and Federal Poverty Guidelines. The sponsor must also submit a Federal Income Tax Return for the most recent year to prove their financial stability.

In some cases, a Joint Sponsor or a Substitute Sponsor may be required to meet the income requirement. The Affidavit of Support is filed using Form I-864, which must be signed by the sponsor under penalty of perjury. If the sponsor is not a U.S. citizen or a permanent resident, Form I-864a may be used instead. The sponsor must also provide evidence of their Resident Status or their employment-based immigration status. If the immigrant is applying for a family-based visa, the Affidavit of Support must be submitted with the Immigrant Visa Petition. A different form, such as Form I-864ez, may be used if the immigrant is an unmarried child or an adoptive parent.

Overall, the Affidavit of Support plays a critical role in the immigration process, assuring the government that the immigrant will not burden public resources. It is essential to file the form correctly to avoid any delays or rejections by the Consular Officer or USCIS.

Read more about the affidavit translation.

affidavit of support meaning
affidavit of support

Who needs the support of an affidavit?

Individuals applying for certain types of family-based immigrant visas are required to have an Affidavit of Support. This includes individuals seeking a spousal or fiancé visa and those applying for a green card through a family member. The Affidavit of Support is necessary to ensure that the immigrant will not become a burden on the U.S. government by receiving means-tested public benefits. To be eligible to file an Affidavit of Support, the sponsor must have a certain level of income or assets that meet the household income requirement. The income requirement varies based on household size and the state where the sponsor resides. This ensures that the sponsor can financially support the immigrant, should it be necessary.

Additionally, the sponsor must be a U.S. citizen or a legal permanent resident (with a valid Resident Status) to file an Affidavit of Support. Overall, the Affidavit of Support guarantees that the immigrant will not rely on public assistance and that the sponsor will take responsibility for their financial well-being.

How to file an affidavit of support successfully

If you need to file an affidavit of support, knowing what the process entails and what documents you need to submit is essential. Here are some tips to help you file an affidavit of support successfully:

  1. Check your Resident Status: Before filing an affidavit of support, you should confirm your resident status. Only a U.S. citizen or a lawful permanent resident can file an affidavit of support.
  2. Complete Form I-864: Form I-864 is the affidavit of support form you must complete. Ensure you provide accurate and complete information to avoid delays or rejections.
  3. Submit Required Documents: You’ll need to provide some documents to support your affidavit of support. These documents include tax returns, employment letters, and bank statements. You’ll need to provide the most recent copies available.
  4. Get a Co-Sponsor: If you don’t meet the financial requirements for the affidavit of support, you can get a co-sponsor. A co-sponsor is someone willing to take financial responsibility for the sponsored immigrant.
  5. Double-check Your Work: Review the affidavit of support and the supporting documents you have provided to ensure that everything is accurate and complete. Any errors or omissions can result in your application being rejected or delayed.
affidavit support form
i 864 form

How to get an affidavit of support

If you’re an immigrant planning to live in the United States, you’ll need an Affidavit of Support from a sponsor who’s a U.S. citizen or lawful permanent resident. An Affidavit of Support is a legal document that promises to support the immigrant financially, ensuring that they will not become a public charge. Here’s how you can get an Affidavit of Support:

  1. Find a Sponsor – A sponsor is someone willing to provide financial support to the immigrant. The sponsor must be at least 18 years old, a U.S. citizen, or a lawful permanent resident. The sponsor should have a close relationship with the immigrant, such as a spouse, parent, or sibling.
  2. Fill Out Form I-864 – To get an Affidavit of Support, the sponsor must fill out Form I-864, also known as the “Affidavit of Support Under Section 213A of the INA.” The sponsor must provide detailed information about their income, assets, and expenses to show that they can support the immigrant.
  3. Submit the Form – Once the sponsor has filled out Form I-864, they must submit it to the appropriate government agency along with the immigrant’s visa application. The sponsor must also provide supporting documentation, such as tax returns, pay stubs, and bank statements.
  4. Wait for Approval – The government agency will review the Affidavit of Support and the supporting documentation to ensure that the sponsor meets the financial requirements. If everything is in order, the Affidavit of Support will be approved, and the immigrant can proceed with their visa application.

Overall, getting an Affidavit of Support is essential to the immigration process for anyone who wants to live in the United States. Finding a reliable sponsor and correctly filling out the necessary paperwork is crucial to ensure a smooth and successful application. With the proper preparation, anyone can obtain an Affidavit of Support and begin their journey toward becoming a U.S. resident.

How Does an Affidavit of Support Work?

An Affidavit of Support is a legal document to ensure that an immigrant is not a burden on the government. Essentially, it is a promise made by a sponsor that they will support the immigrant financially, if necessary. If an immigrant is applying for a Green Card or a visa, they may be required to submit an Affidavit of Support. This document aims to show that immigrants have enough financial support to maintain themselves in the United States. Immigrants receiving a visa or Green Card are considered Legal Permanent Residents (LPR). This Resident Status gives them the right to live and work in the United States. However, the LPR must also abide by the country’s laws, pay taxes, and contribute to society. If an immigrant does not have the financial means to support themselves, they may become dependent on the government for assistance. This is where the Affidavit of Support comes in. It ensures the immigrant has a sponsor who will care for them if necessary. The sponsor must meet specific criteria to be eligible to sign an Affidavit of Support. They must be a U.S. citizen or LPR, be at least 18 years old, and have enough income or assets to support themselves and the immigrant they are sponsoring. Once the Affidavit of Support is signed, it is legally binding. The sponsor must support the immigrant until they become a U.S. citizen financially, have worked for ten years, or until they are no longer an LPR.

In summary, an Affidavit of Support is an important document that helps ensure that immigrants are not a burden on the government. It requires a sponsor to support the immigrant until they can support themselves financially, and it helps the immigrant maintain their Resident Status in the United States. Learn more about what affidavit translation is.

I-864, Affidavit of Support Under Section 213A of the INA

If you are petitioning for an immigrant visa for your spouse, parent, or other family member, you will likely need to file an Affidavit of Support, specifically Form I-864. This document is required by U.S. Citizenship and Immigration Services (USCIS) to show that the immigrant will not become a public charge and will have adequate financial support during their residency in the United States. As the sponsor, you must demonstrate that you can financially support the immigrant by meeting specific income requirements. These requirements are based on your household size and vary depending on the state where you live. To be eligible to file an Affidavit of Support, you must be a U.S. citizen, U.S. national, or lawful permanent resident (LPR) who is at least 18 years old and currently living in the United States. You must also have a household income that meets or exceeds the minimum income requirement. If you do not meet the income requirement, you may be able to use assets or the payment of a joint sponsor to meet the needs. If your application is approved, the Affidavit of Support becomes a legally binding contract between you and the U.S. government. As the sponsor, you will financially support the immigrant until they become U.S. citizens, complete 40 quarters of work, or are credited with ten years of work. It is important to note that an Affidavit of Support does not guarantee that the immigrant will be approved for a visa or be allowed to enter the United States. However, it is an integral part of the immigration process and is required for most family-based visa petitions.

Frequently Asked Questions

An affidavit of support is a legally enforceable contract between a U.S. citizen or lawful permanent resident (LPR) and the U.S. government. The sponsor agrees to use their income to support an immigrant applying for a green card.

A sponsor can be a U.S. citizen, a lawful permanent resident, or a specific organization. The sponsor must be at least 18 and have a certain minimum income.

The sponsor must provide income, assets, and household size information. They must also provide information about the immigrant they are sponsoring, such as their name, date of birth, and relationship to the sponsor.

This is a USCIS form (Form I-864). You can get it online at the USCIS website or by calling the USCIS National Customer Service Center at 1-800-375-5283.

The testimony of support is a complex form. It is essential to read the instructions carefully and provide all required information. You can also get help from an immigration attorney or accredited representative.

If we can help you with any questions, please feel free to contact us

payment-image

Our privacy policy

Keep in touch

         

Contact Us 24/7

USA
Translation office in Miami