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Affidavit of Support Form I-864

Published July 1, 2021 by Brooks Law Firm
Affidavit of Support Form I-864

Affidavit Of Support Poverty Guidelines

Notes on Affidavit of Support Income Requirements: You must submit an affidavit of support (form I-864) if you sponsored an immediate family member by filing Form I-130. Filing the affidavit is also required If you are filing an employment based petition for a foreign relative. With this affidavit, the government requires the petitioner to reimburse the government for any means-tested public benefits that the beneficiary of the petition receives.

These benefits include things such as SSI, Supplemental Insurance Income, and Temporary Assistance for Needy Families (TANF).That means the petitioner is taking financial responsibility for the family member seeking a green card.

Affidavit of Support Income Requirements For The Petitioner

The petitioner can only file an affidavit of support if:

  • The petitioner is a U.S. citizen or U.S. green card holder and is living in the United States
  • The petitioner is 18 years of age or older
  • The petitioner has an annual income that is at least 125% of the current Federal Poverty Guidelines based on household size. That means the more people you have in your household the higher your income will need to be for you to qualify
  • Sponsors that earn less income can use their assets to meet these financial requirements or have a co-sponsor help them meet the income or asset requirements. A co-sponsor can either be a household member or a non-family member.

Talk to an experienced immigration lawyer to help you calculate whether you meet the qualifications.

Can The Financial Obligations End?

  • Affidavit of Support Form I-864Since an affidavit of support is a contract between the petitioner and the U.S. government, the petitioner’s obligations can only end when:
  • The person being sponsored for a green card becomes a U.S. citizen
  • The person being sponsored for a green card has worked in the United States for 40 quarters
  • Either the person sponsoring the green card or the person being sponsored dies
  • The person being sponsored for the green card relocates permanently from the United States to another country

Requirements For The Sponsored Person?

For the foreign person  to get an immigrant visa or adjustment status, they must submit Form I-864 completed by the petitioner. The foreign person  should be:

  • The immediate family members of the U.S. citizen such as the parents, spouses, and unmarried children under the age of 21
  • Relatives in the first preference category, which include the unmarried daughters and sons of U.S. citizens. The sons and daughters must be 21 years or older
  • Relatives in the second preference category including a spouse of a permanent resident and the unmarried child of any age of permanent residents and their unmarried daughters and sons
  • Relatives in third preference category including the married children of U.S. cities and their spouses and unmarried children
  • Fourth category relatives include the brothers and sisters of U.S. citizens, their spouses and their unmarried minor children

People who don’t need to submit an Affidavit of Support include:

  • People that have worked 40 qualifying quarters (credits) in the United
  • People with an approved From I-360, Petition for Amerasian, Widow(wer), or Special immigrant as a self-petitioning widow or widower
  • Foreign orphans adopted by U.S. citizens abroad

You May Also Be Interested In…

  1. USA H1B Visas
  2. What You Get With A Q-1 Visa
  3. Advantages Of The H-3 Visa

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