Affidavit of Support
Anytime a United States citizen sponsors an Immigrant Visa Petition, said citizen must execute an Affidavit of Support. The Affidavit of Support is a contract entered into between the United States and the Affidavit of Support sponsor. The United States government requires this contract as a necessary condition of the Immigrant Visa Petition to force the Sponsor to financially support the intending immigrant so that the intending immigrant does not become a public charge.
In essence, it means that a United States citizen is going to take the financial responsibility for the intending immigrant.
The Sponsor remains responsible on the Affidavit of Support for about ten (10) years.
In order to be execute an Affidavit of Support, the Sponsor must meet three (3) requirements:
1. Be a United States citizen, national or lawful permanent resident;
2. Be at least eighteen (18) years old, and
3. Live in the United States or a territory thereof.
The Affidavit of Support Sponsor must prove that he or she can financially support the intending immigrant as well as their own household at one hundred and twenty five percent (125%) of the dollar amounts shown in the United States Poverty Guidelines for the size of the household sponsored.
To determine the household size the people counted include the Sponsor (or in some cases the Joint Sponsor as well), the intending immigrant and any children brought along, any other immigrants the Sponsor has sponsored and all family members listed on the Sponsor’s federal tax returns.
Once the number of household members is tallied, the United States Poverty Guidelines will detail exactly how much money the Sponsor needs to earn.
The Sponsor’s income is established by providing the last three (3) year’s federal tax returns, including all W-2s, and a letter of employment from the Sponsor’s employer that explains the dates of the Sponsor’s employment, the nature of the employment and the salary and wages earned. It also doesn’t hurt to provide any financial statements the employer can provide.