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Q&A: Affidavits
of Support
One of the most misunderstood
aspects of immigration law is the income requirements for sponsoring
a family member, and the affidavit of support that is used to show
that the income requirements have been met.
There are two types of affidavits
of support. One type, form I-134, is used in cases that do not involve
family immigration. One
example is where you want to sponsor a friend to visit you on a
tourist visa, and you need to prove to the consulate that you will
provide for him or her while she is here.
There is no absolute minimum income requirement in these
cases.
The other type of affidavit of
support, form I-864, is used in family immigration cases (as well as
certain employment-based immigration cases where a close family
member owns a substantial portion of the petitioning employer).
There is an absolute minimum income requirement.
The following questions and answers
will explain the requirements and details regarding form I-864.
Q.
What are the requirements for the
affidavit?
A.
For the affidavit
of support to be acceptable to government, the affidavit must be
executed as a contract:
-
in
which the sponsor agrees to support the immigrant at an amount
not less than 125% of the federal poverty guidelines until
either the immigrant becomes a citizen of the U.S. or the
immigrant (or the immigrant's spouse or parent) been employed in
the U.S. for a minimum of 10 years;
-
which is
legally enforceable against the sponsor by each of the following
persons or entities: the immigrant, the federal and the state
government, or by another entity which provides means-tested
public assistance to the immigrant;
-
where the
sponsor agrees to accept the jurisdiction of any federal or
state court.
Q.
Who
may be a sponsor?
A.
A sponsor must:
(1) be a U.S. citizen or permanent resident; (2) be at least 18
years of age; (3) be domiciled in the U.S.; and (4) be filing a visa
petition on behalf of the immigrant or accept liability for the
beneficiary together with the petitioner.
Normally, a sponsor must show the
ability to maintain an annual income of at least 125% of the federal
poverty guidelines. The
poverty line increases as household size increases; therefore, the
more members in the sponsor’s household there are, the higher the
sponsor’s income must be.
If the sponsor is an active duty
member of the U.S. Armed Forces, he or she need demonstrate an
income equal to 100% of the federal poverty guidelines.
In order to prove that the sponsor
has fulfilled the above requirements, he must either:
- Provide certified copies of his
federal income tax returns for the past three years and a
written statement under oath the copies are certified copies of
such returns; or
- Provide evidence of significant
assets of the immigrant or of the sponsor which are available
for the support of the sponsored alien.
Sponsors are obligated to inform
both the INS and the state of the immigrant's residence of any
change of address within 30 days. Failure to do so could result in a
fine of up to $2,000. If the sponsor is aware that the immigrant has
received a public benefit, the amount of the fine may be raised to
$5,000.
Q.
What if I break my promise I made
in the Affidavit of Support?
A.
If a governmental
agency receives notice that an immigrant has received a means-tested
public benefit, it may request reimbursement from the sponsor. If
the sponsor does not respond within 45 days, the agency may bring a
court action against the sponsor. The immigrant may also bring an
action against the sponsor.
Certain government assistance
programs are exempted from the law. These include school lunch
programs, child nutrition benefits, emergency medical benefits and
non-cash emergency disaster relief.
A statute of limitations applies
where the immigrant last received a benefit over 10 years ago.
Q.
Are these requirements and
penalties applicable to the first type of affidavit of support you
mentioned?
A.
No.
These are applicable only to the form I-864 which is used in
family immigration cases, and employment immigration cases where the
petitioner is a close family member.
FOR MORE INFORMATION:
Contact John Byrley at
tel: 410-719-1501.
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