Affidavit of Support
One of the most important pieces of the visa application as well as the permanent resident application is proof of financial support during your time in the United States. If you are not entering the US on a work visa, immigration law requires that you demonstrate that you have enough funds to cover your stay, either through your own means or through the help of others.
The Affidavit of Support is the document that must be filed by the sponsor along with documentation of income and personal finance information. There are two forms titled Affidavit of Support, and the one you will need to complete depends on whether you are applying for immigrant or nonimmigrant status.
- Form I-134 must be completed by those applying for a nonimmigrant visa, and should be completed for the following types of visas:
- Form I-864 must be completed by those applying for an immigrant visa, including family-sponsored immigrants and some employment-sponsored immigrants applying for a green card as well as those adjusting status to lawful permanent resident.
The choice of the sponsor is important, as sponsors must have an income equal to or greater than 125 percent of the current Federal poverty line for their household size. Joint sponsors may be allowed to reach this income level; in that case, both sponsors must complete the Affidavit of Support
Form I-134 Application
The two-page Form I-134 requires the sponsor to pledge to support the sponsored nonimmigrant visitor financially so that the visitor does not become a public charge, with the pledge binding for three years from the time of the visitor's entry into the country. Further, the application requires statement of the personal finances of the sponsor, including information on any income, bank accounts and investments and evidence of these statements in duplicate.
Once completed with accompanying documentation, the sponsor must take an oath before a USCIS or US consular officer or a notary, verifying that the information on the application is correct.
Form I-864 Application
The eight-page Form I-864 contains much of the same information as an income tax return, and in fact, requires the sponsor include duplicate copies of his or her most recent income tax return as part of the application. Additionally, the form contains a detailed contract that the sponsor must sign, holding the income and assets detailed by the sponsor in the application form as part of what goes into consideration for means-tested public benefits. The contract creates a legal obligation to provide support for the sponsored immigrant if needed, either until the immigrant becomes a U.S. citizen or renounces permanent residency.
Additional forms exist for the I-864, including Form I-864W, Intending Immigrant's Affidavit of Support Exemption, Form I-864EZ, a simple version of the Affidavit of Support, Form I-864A, Contract Between Sponsor and Household Member, and I-864P, 2008 Poverty Guidelines.
Affidavit of Support Form Fees
There is no additional filing fees for filing the Affidavit of Support beyond the fee required for the particular visa application, as it is a supplementary document.
Encounter Issues in Completing the Affidavit of Support? Talk to an Immigration Lawyer!
As you can see, the sponsor's role can be complex, and there are many legal issues involved in taking the pledge of sponsorship and signing the contract of sponsorship of a nonimmigrant visitor or applicant for immigration.
An immigration lawyer can help explain in more detail how sponsorship works, and can help you go over your circumstances in detail to prepare for the responsibility of sponsorship and submitting the application. To speak with an immigration lawyer, simply call us at (877) 444-1074 or fill out our Immigration Case Evaluation Form.