The affidavit of support is one way the United States government attempts to discourage aliens coming to the U.S. who will need public assistance to survive while they are in the U.S. Of course, no one can guarantee an alien will never need financial help, but the affidavit of support shows the alien either has sufficient funds to survive if he doesn’t have a job in the U.S. or has family who can support him if he is not financially stable. Most family-based immigrants and some employment-based immigrants must complete this form.
The form actually serves as a contract between the alien’s sponsor and the U.S. government. The person who signs the Form I-864 testifies that he has enough income to support the immigrant (or any number of immigrants) in addition to his own family at 125 percent of the Federal Poverty Guidelines. The guidelines change with inflation so the exact amount of money changes too. The person signing the form agrees to use whatever resources necessary to support the immigrant even if his income becomes limited for any reason.
Important Information about the Affidavit of Support
- Each immigrant being sponsored must have a separate I-864. Photocopies of an I-864 are accepted if you are sponsoring several people
- The sponsor’s family for considering support includes the sponsor’s spouse, all children under age 21, anyone listed as a dependent on income tax returns, and any prior immigrants sponsored.
- While receipt of means-tested public benefits does not disqualify a sponsor, those payments cannot be considered as part of the sponsor’s income
- Assets may be considered if immigration officials believe the assets can reasonably be converted into cash if necessary to support the sponsored immigrant
- A joint sponsor who is not related to the beneficiary immigrant can help a sponsor meet the income requirement. A joint sponsor must be over age 18, living in the U.S., and must be a U.S. citizen or permanent resident.
Help with I-864 Affidavit of Support Process
If the immigrant sponsored in the petition ends up receiving means-tested benefits, the sponsor will be required to pay back whatever the government pays to the immigrant. It is important to remember that the immigrant’s financial needs must be met by the sponsor who signs this form and the sponsor must take that responsibility very seriously because he can be sued for not providing for the immigrant(s) listed in the petition.
For more information you can look online at the USCIS website at www.uscis.gov., or by phone at 1-800-375-5283.
