What Are the Requirements for Affidavit of Support
The sponsor must provide proof of U.S. citizenship, U.S. citizenship, or lawful permanent resident. It must also be proven that the United States is the sponsor`s country of residence. He must also prove the resources to act as a sponsor. These specific requirements may vary depending on the proponent`s situation. Employment, self-employment, retirement with capital income require different proofs. However, if the receipts are more than 12 months old, USCIS will ask for new receipts, such as the most recent federal tax returns (1040) and a recent letter of employment. The Immigration Act of 1996 created a new requirement that family-sponsored immigrants receive a legally binding affidavit signed by their petitioner.
This requirement also applies to the beneficiary of an application for employment if the application is made by a parent or by a business in which a parent has a substantial interest. The affidavit represents the sponsor`s promise to support the immigrant financially or to reimburse any government agency from which the immigrant applies for financial assistance. Do family members following the principal applicant require separate affidavits and supporting documents? NVC audits submitted affidavits of support forms to ensure they are complete. If a form is not complete, the NVC sends a notice in the CCEC explaining what is wrong and asking you to correct the form and resubmit it to the NVC. If NVC accepts a corrected Form I-864, I-864EZ, I-864W, or I-864A with supporting financial evidence, NVC will transfer the form and application to the U.S. Embassy or Consulate where the applicant will apply for a visa. We recommend that you complete the supporting affidavit forms on a computer or typewriter, with the answers in CAPITAL LETTERS. Once the form is completed, upload the signed form and send it to the NVC via CEAC with the sponsor`s financial proof. Keep in mind that you must file all pages of Form I-864, even if they are blank. Boundless has created an in-depth article on income requirements for a financial sponsor.
Here`s a brief summary: Boundless has prepared a guide on whether you reach the annual minimum income for a marriage-based green card, where you can read more. You may also be able to meet income requirements by using a co-sponsor. Find out how Boundless can help you with the forms required for your green card application and simplify the process for you. If the applicant does not meet the income requirements, a co-sponsor who can meet the requirements may file a Form I-864 to sponsor some or all of the intended immigrant`s family members. You, the sponsor, must file Form I-864 if your parent has been scheduled for an immigrant visa interview with a consular officer abroad, or if your parent is about to file an application for adjustment of permanent residence with USCIS or an immigration court in the United States. If you have a common sponsor, they must also fill out Form I-864. If you use the income of other household members to qualify, each household member who has legal responsibility for supporting your parent must complete a separate Form I-864A, Contract Between the Sponsor and the Household Member. This article explains in detail what Form I-864 is.
Most family immigrants and some work-based immigrants use this form to show that they have sufficient financial assistance and are unlikely to rely on financial assistance from the U.S. government. When you sign the affidavit of support, you assume legal responsibility for financial assistance to sponsored immigrants, usually until they become U.S. citizens or are credited with 40 shifts of work. Your obligation as a sponsor also ends if you or the sponsored person dies or if the sponsored person no longer has legal permanent residence and leaves the United States. The following types of people do not need to file an affidavit of support: If you are required to report the income of one of your household members to meet the financial assistance requirements, you may need to file Form I-864A (Sponsorship-Household Member Agreement) with Form I-864. Form I-864 Affidavit of Support is a legally binding contract, meaning that the government or sponsored immigrant can sue the sponsor if the sponsor does not provide adequate assistance to the immigrant. Non-provision of financial support: The green card holder can take legal action against sponsors to get the support they need. If your parent is a K-1 fiancé, K-3 spouse, or K-2 or K-4 child of a fiancé or spouse, you do not need to file a supporting affidavit at the time of filing your Form I-129F application. Instead, you should file a supporting affidavit if your fiancé, spouse or child adjusts their permanent resident status after entering the United States. Please visit www.uscis.gov/greencard/affidavit-support for full instructions.
Since Form I-864 must be completed by a sponsor, the following eligibility requirements apply to an intended sponsor: If these people in your household are willing to help the immigrant, they must sign Form I-864A, Contract Between the Sponsor and the Household Member. In doing so, they promise to provide all the financial support necessary to help you help the immigrant. If you asked your spouse to enter on a K3 visa, or your fiancée to enter on a K-1 visa, you must file an affidavit once they adjusted their permanent residency status upon arrival in the United States. If you have completed the supporting affidavit, compiled the required documentation and notarized the affidavit in the United States or before a U.S. consular or immigration officer, you must provide this information package to your relative to submit with their application for permanent residence. If you receive specific instructions to file your affidavit directly with the National Visa Center, you must follow those instructions. Reviews on Trustpilot Boundless marriage-based green cards – for people who want the expertise of an immigration lawyer, not the price tag. Get the Green Card Checklist Find out what we do for you A supporting affidavit is a legally binding contract, and the sponsor`s liability typically lasts until the family member or other person becomes a U.S.
citizen or is credited with 40 terms of work (usually 10 years). Yes, but only under certain circumstances. Two co-sponsors may be used for each family unit applying for immigration under the same application. If two co-sponsors are named, each co-sponsor is responsible only for the intended immigrants listed on the co-sponsor`s Form I-864. Each joint sponsor must meet minimum income, citizenship, residency and age requirements. Up to two co-sponsors can help. However, even in the case of a joint sponsor, the applicant sponsor remains legally responsible for the financial support of the sponsored immigrant with the co-sponsors. The sponsoring applicant must complete and submit a signed Form I-864 for the intended immigrant, although there is also a joint sponsor. The applicant/funding sponsor must complete and sign the appropriate support form. Incomplete forms, including missing pages, will not be accepted. Completed forms and supporting documents must be submitted to NVC in ECAC together with the visa applicant`s civil documents. Form I-864, Affidavit of Support under Section 213A of the INA, is a contract signed by a person agreeing to use their financial resources to support the intended immigrant named in the affidavit.
The person who signs the affidavit of support becomes a guarantor once the affected immigrant becomes a lawful permanent resident. The guarantor is generally the petitioner who filed an immigration application on behalf of the affected immigrant. When a foreign national applies for permanent residence in the United States, immigration officials must certify that the intended immigrant has sufficient funds for financial assistance and is unlikely to become a public responsibility.