An Affidavit of Support is a legal document often required in the United States immigration process, particularly for family-sponsored and employment-based immigrants. This document is used to demonstrate that the intending immigrant has financial backing and won’t become a public charge.
The Affidavit of Support is typically submitted by a sponsor, who is a U.S. citizen or a lawful permanent resident (green card holder) willing to financially support the immigrant. The sponsor must demonstrate that their income is sufficient to support the immigrant at a level above the U.S. poverty guidelines.
Key points about the Affidavit of Support include:
Financial Responsibility: By signing the Affidavit of Support, the sponsor agrees to financially support the immigrant and reimburse any government agencies for means-tested public benefits the immigrant may receive.
I-864 Form: The Affidavit of Support is usually submitted using Form I-864, officially known as the “Affidavit of Support Under Section 213A of the INA.” This form is required for family-sponsored immigrants and some employment-based immigrants.
Income Requirements: The sponsor’s income must be at least 125% of the U.S. federal poverty guidelines for their household size. If the sponsor’s income falls below this threshold, they may need to use assets or find a joint sponsor who meets the financial criteria.
Duration of Responsibility: The sponsor’s responsibility typically continues until the immigrant becomes a U.S. citizen, has worked or earned credit for 40 qualifying quarters of coverage under the Social Security Act, leaves the United States permanently, or dies.
Consequences of Non-compliance: Failure to fulfill the obligations outlined in the Affidavit of Support can result in legal consequences for the sponsor, including financial liability for any means-tested public benefits received by the immigrant.
What is Form I-134, Declaration of Financial Support
Form I-134, “Declaration of Financial Support,” is a document used in the United States immigration process, but it serves a different purpose than the Form I-864 mentioned previously. The I-134 is specifically designed for non-immigrants applying for a U.S. visa. This form is used to show that they have financial support from a U.S. sponsor during their temporary stay in the country.
Key points about Form I-134 include:
- Purpose: The primary purpose of Form I-134 is to provide evidence to the U.S. government that the visa applicant has a sponsor in the United States who is willing and able to financially support them during their visit.
- Non-Immigrant Visas: Form I-134 is typically required for various non-immigrant visa categories, such as B-1 (business visitors), B-2 (tourists), and other temporary visas. It is not used for immigrants seeking permanent residency.
- Financial Responsibility: The sponsor, by filling out Form I-134, is making a legally binding commitment to support the visa applicant financially and ensure that they will not become a public charge during their stay in the United States.
- Income and Asset Requirements: While there are no strict income requirements like those for the Form I-864, sponsors are still required to demonstrate their financial ability to support the visa applicant. This can include proof of income, employment, or assets.
- Validity: The I-134 is generally valid for a period of one year from the date of submission. However, the U.S. consular officer may request an updated form if the visa processing takes longer.
- Supporting Documentation: Sponsors may be required to provide additional supporting documentation, such as tax returns, pay stubs, or bank statements, to verify their financial capacity.
It’s important for sponsors to carefully complete Form I-134 and provide accurate and truthful information. The form is submitted to the U.S. Department of State as part of the visa application process, and the consular officer will use it to assess whether the visa applicant has adequate financial support for their intended stay in the United States.
What is Form I-864A, Contract Between Sponsor and Household Member
Form I-864A is a document used in the context of U.S. immigration. It is titled “Contract Between Sponsor and Household Member” and is associated with the Affidavit of Support process.
When a U.S. citizen or permanent resident sponsors an immigrant for family-based immigration, they may need to submit an Affidavit of Support to demonstrate that they have the financial means to support the intending immigrant. Form I-864 is the primary affidavit of support form.
However, in some cases, the sponsor’s income alone may not be sufficient to meet the required financial threshold. In such situations, a household member can also contribute their income to help meet the financial requirements. Form I-864A is used to detail the income and assets of the sponsoring household member.
The household member, in this context, is someone living in the same residence as the sponsor who is willing to be a co-sponsor and financially support the immigrant. By submitting Form I-864A, the household member agrees to make their income and assets available to support the immigrant and becomes jointly responsible for the financial support obligations
