Who Will Make Affidavit Of Support?

In the realm of immigration and visa applications, the Affidavit of Support is a critical document. It serves as a guarantee that an immigrant will not become a financial burden on the United States government. But who should be responsible for preparing and signing this important document? In this blog, we will explore the roles and responsibilities of individuals who can make an Affidavit of Support and what it is cost?

U.S. Citizen or Permanent Resident Sponsors:

The primary responsibility for making an Affidavit of Support falls upon U.S. citizens and permanent residents (green card holders) who wish to sponsor a family member, relative, or fiancé(e) for immigration purposes. These sponsors are legally obligated to provide financial support to the sponsored immigrant(s) until they become U.S. citizens, earn 40 qualifying quarters of work, depart the U.S., or die.

Who Can Be Sponsored?

Sponsors typically file Affidavits of Support for the following categories of immigrants:

  • Immediate Relatives: Spouses, unmarried children under 21, and parents of U.S. citizens.

  • Family Preference Immigrants: Relatives in preference categories such as unmarried sons and daughters of U.S. citizens, married sons and daughters of U.S. citizens, and siblings of U.S. citizens.

  • Fiancé(e)s: U.S. citizens can file an Affidavit of Support for their foreign fiancé(e) to bring them to the U.S. for marriage.

  • Employment-Based Immigrants: In certain employment-based immigration cases, U.S. employers may need to submit Affidavits of Support for foreign employees.

Joint Sponsors:

In some cases, the U.S. citizen or permanent resident sponsor may not meet the income requirements set by the U.S. government. In such situations, a joint sponsor can step in. A joint sponsor is an individual who is also a U.S. citizen or permanent resident and is willing to assume financial responsibility for the immigrant. Joint sponsors must meet the income requirements and file a separate Affidavit of Support.

Financial Requirements:

Sponsors must meet specific income thresholds to demonstrate their ability to financially support the immigrant(s). The income requirements vary based on factors such as family size and location within the United States. If the sponsor's income falls short, assets may be considered to supplement the income.

Filling Out the Affidavit of Support Form:

The Affidavit of Support is typically submitted using USCIS Form I-864 or Form I-864EZ. This form requires sponsors to provide detailed financial information, including income, assets, and liabilities. Accuracy and completeness are essential to avoid processing delays or denials.

Legal Responsibility:

Sponsors should understand that signing an Affidavit of Support is a legally binding commitment. By signing, sponsors agree to financially support the immigrant(s) as required by law. Failure to meet this obligation could result in legal consequences.

When Not to Prepare an Affidavit of Support:

There are certain immigration categories where an Affidavit of Support is not required. For instance, refugees, asylees, and certain self-petitioning victims of domestic violence may not need a sponsor to submit an Affidavit of Support.

Conclusion:

In summary, the responsibility for preparing an Affidavit of Support falls upon U.S. citizens and permanent residents who wish to sponsor immigrants for various purposes. This document is crucial in ensuring that immigrants have adequate financial support during their transition to life in the United States. It's essential for sponsors to understand their legal obligations, income requirements, and the importance of accurate and complete documentation to navigate the immigration process successfully. If in doubt, consulting with an immigration attorney can provide valuable guidance throughout this process.

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