Affidavit of Support

A legal contract between the petitioner for an immigrant visa applicant and the US Government is said to be Affidavit of Support. It ensures that you (the sponsor) become legally responsible for financially supporting the visa applicant and also the applicant of visa is unlikely to become a public charge after entering the US. Affidavit of Support is completed by filing form I-864.

Who Needs an Affidavit of Support?
Many family-based and some employment based immigrants require Affidavit of Support to legally show that they will have adequate means of support after immigration to the U.S. Generally, the following intending immigrants need an Affidavit of Support:
• Applicants for family-based immigrant visas, including certain orphans.
• Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition

Who can Sponsor Affidavit of Support?
A sponsor must be either an American citizen or a lawful permanent resident (LPR) who is at least 18 years old. The sponsor must also have a domicile (residence) in the United States.

I-864, Affidavit of Support
A sponsor has to complete and sign Form I-864. To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal poverty guideline for your household size.

I-864W, Intending Immigrant's Affidavit of Support Exemption
Certain classes of immigrants are exempt from the I-864 requirement and therefore must file Form I-864W
• An intending immigrant who has or can be credited with 40 quarters of work. The Social Security Administration (SSA) can provide information on how to count and provide evidence of quarters of work.
• An intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000 (CCA); and
• A self-petitioning widow(er) or qualifying battered spouse
 
I-864EZ, Affidavit of Support under Section 213A of the Act
You may use Form I-864EZ if all the following conditions apply:
• You are the person, who filed or is filing the Form I-130, Petition for Alien Relative, for a relative being sponsored;
• The relative you are sponsoring is the only person listed on the Form I-130 petition;
• The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s).

On Completion of Affidavit of Support
Affidavit of Support forms should be completed on a computer, typed in capital letters. After the form is completed it must be printed and mailed. Do not attempt to submit the form electronically.