The Role of Affidavits of Support in Family-Based Immigration

Form I-864, an Affidavit of Support, is integral to immigration proceedings. Sponsors must file it with USCIS to demonstrate and accept financial responsibility and prevent their intended immigrant from becoming a public charge – someone dependent upon government aid for survival.

Affidavits of support help prevent public charges by guaranteeing that sponsored people cannot access means-tested federal benefits such as Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI).

This long-term financial commitment concludes only when their sponsored individual becomes a citizen, works 40 qualifying quarters (approximately ten years), permanently leaves the US, or dies. Its terms don’t change with changes to household circumstances– instead, sponsors must file form I-865 Sponsor’s Change of Address with I-865 to change address accordingly.

Here’s why you need an affidavit of support for family-based immigrants.

Typically, when petitioning for someone in your family to immigrate to the US, you act as their sponsor. By agreeing to provide them with financial support and ensuring they do not rely on welfare or other forms of government assistance for survival, you take on an important responsibility and act on their behalf as their sponsor.

The Affidavit of Support (Form I-864) provides sponsors with an effective tool for demonstrating their financial stability and ability to prevent their sponsored relatives from becoming public charges. Furthermore, this document establishes a binding legal contract between the sponsor and sponsored immigrant that may be enforced against civil lawsuits from either them or any federal, state, or local government agency or private entity providing means-tested benefits.

Submitting an Affidavit of Support is legally mandatory for most families. This protects public resources while ensuring sponsors can sustain the intended immigrant’s finances.

Financial sponsors are required to submit an affidavit showing they earn at least 125% of the federal poverty level for their household size. Assets like checking and savings accounts, stocks, or bonds may count towards annual income; however, they must be converted to cash within one year.

Sponsors typically must be U.S. citizens or LPRs; however, courts have established that a non-U.S. citizen legally married to their sponsor may sign an affidavit of support. This can help overcome problems caused by many sponsors living overseas for work related to government or active duty military contracts and not being available to provide sufficient financial support for sponsored immigrants.

Learn more about getting a green card for military families

An Affidavit of Support (AoS) is a legally enforceable contract between sponsors and their sponsored immigrants. If sponsors fail to fulfill their financial obligations, the immigrant can pursue them in federal court to enforce their financial commitment.

State laws regarding alimony payments do not affect an affidavit’s financial obligations, making it enforceable against sponsored immigrants and any Federal, state, or local agency providing means-tested public benefits to them.

Sponsorship obligations expire once their sponsored immigrant becomes a U.S. citizen or earns 40 work quarters, typically taking ten years, and when either their sponsor, substitute sponsor, or joint sponsor dies.

An Affidavit of Support (AoS) is a legal requirement in most family-based immigration cases and must be completed to be considered valid. To complete this form, you will need proof of sponsor’s income, such as pay stubs and tax documents, as well as documentation about your assets, such as real estate or bank accounts.

Sponsors must also sign an affidavit to make it legally binding. This commitment to provide financial stability ensures that immigrant families won’t become dependent on public assistance programs and upholds both immigration processes and social safety nets.

Though lawsuits against sponsors are uncommon, those considering sponsoring noncitizen relatives should understand the financial commitment they’re entering into before sponsoring one. The INA and Form I-864 state that if a lawsuit occurs against sponsors, they must pay attorney fees to their plaintiff-beneficiaries as stated by law.

Sponsors may also be required to reimburse government agencies for means-tested public benefits received by sponsored immigrants, such as:

• Food stamps
• Medicaid
• Temporary Assistance for Needy Family members.
• Supplemental Security Income during the sponsorship period

Failure to fulfill this legal requirement can be expensive and have serious repercussions for an individual’s credit and finances; long-term sponsorship responsibilities typically last until an individual becomes a U.S. citizen, completes 40 quarters of work, or leaves the country permanently.

The Affidavit of Support is a crucial component of family-based immigration in the U.S. It establishes a legally binding commitment for sponsors to ensure that immigrants do not become a financial burden on the public. Failure to meet these obligations can result in legal action and financial repercussions, making it imperative for sponsors to assess their capacity before committing.

Fulfill your future with expert immigration assistance. At Colavecchio & Colavecchio Law Office, we specialize in Green Card applications, Citizenship processes, and Provisional Waivers (I-601A). 

Let our experienced team guide you through every step of your journey. Contact us today to start making your American dream a reality!