The Affidavit of Support: Understanding this necessary but difficult part of the immigration process.

What is the Affidavit of Support?

At its core, the affidavit of support is a contract.  It is a contract between you as the petitioner and the government.  With the contract, you are agreeing that if your relative becomes a permanent resident, you will provide support necessary to keep them above poverty level.  If your relative seeks what are called “means tested” benefits, the government can consider your income as available to them.  If the government does provide benefits, then they can seek reimbursement from you for failing to provide support.  These obligations continue until either your relative has become a citizen, worked 40 quarters of coverage under Social Security, loses their permanent residency and leaves the US, limited circumstances in removal proceedings, or they die.  Also, it is important to note that even divorce does not terminate the requirement.  So if you immigrate your spouse, and enter an affidavit of support, and then later divorce, you are still liable.   For most people, entering the affidavit of support is not a huge concern, but sometimes gathering the correct evidence is difficult.

What is required with the Affidavit of Support?

There are several required documents for the affidavit of support.  First, proof of either citizenship or lawful permanent residency.  Someone in the US with a nonimmigrant visa cannot enter an affidavit of support.  Proof of citizenship can either be a U.S. birth certificate, a U.S. passport, or a Naturalization Certificate.  Next is proof of employment.  This can include an employment verification letter, but also recent paystubs.  Next are tax returns and W2’s.  The government requires at least one year, but ideally you want to provide three years.  Now, not all people will have W2’s, and that is fine, but we have to provide proof of income from all sources, be it 1099 income or self-employment.  Also, if you are retired, or not working, it is possible to rely on assets, such as the value of your home, a second vehicle, or savings.

How much money must you show on the Affidavit of Support?

The amount you must show depends on your family size.  Someone with a family of 2 must show less income than someone with a family of 4.  USCIS publishes these amounts each year.  If you do not earn enough income, or do not work at all, then assets can be used.  However, the amount of assets required is generally 5 times the amount of necessary income, or 3 times if you are married.

What if you do not have enough income or assets?

Here there are a couple of options.  One you can use a joint sponsor.  A joint sponsor is anyone who is either a citizen or permanent resident who is willing to use their income and enter an I-864 along with you.  Another option is for a family member to use their income along with yours.  Say for example you are petitioning for a parent.  Maybe you do not make enough money alone, but your spouse is also employed.  In that case, you could use your spouse's income as well.

Can I sponsor multiple people with an affidavit of support?

Yes, you can.  If you have petitioned someone in the past, and you are still under the obligation of that affidavit of support, then they are added as a family member in calculating your family size.  Also, there are cases where you are sponsoring multiple people at the same time.  For example, you filed an immigration case for both your mother and father, and their cases were approved at the same time.  In that case you would enter a separate affidavit of support for each parent.

Can the immigrant use his or her income as well?

In certain circumstances, yes.  For example, your spouse is in the US with a nonimmigrant visa which authorizes them to work.  If the employment will continue after they become a permanent resident, then this income can be used.

In conclusion, there are many possible reasons that you could get a request for evidence with an affidavit of support.  It is important to work with a qualified attorney to make sure you complete it correctly, and submit the right evidence.  Even in this case though, it is still possible to get a request for evidence, and you want to be able to respond as quickly as possible. At the end of the day, if taken seriously and answered correctly, the affidavit of support is a hurdle that can be overcome.

My name is Matthew Larsen.  I am a South Dakota based U.S. Immigration Attorney.  I have over a decade of full time family based immigration experience.  I represent clients across the country and around the world.