- What Affidavit of Support do I need?
- What is form I-864?
- What is form I-134?
- How much is the fee for Affidavit of Support?
- How to get an Affidavit of Support?
- What is Affidavit of Support Form I-134?
- Sponsor income requirement for the Affidavit of support?
- What is the minimum income requirement to sponsor an immigrant?
- Minimum income requirement for an active US Soldier in Affidavit of Support form?
- Responsibilities and obligations of sponsor written in Affidavit of Support?
In case you’re sponsoring your spouse, or any other relative, to live in the United States permanently, then you must agree to take the legal authority of supporting this person financially. When you take this responsibility, you become a legal ‘sponsor’, and you’re required to complete and sign a legally binding document as an evidence of your financial stability. This document is known as an affidavit of support, or the form I-864.
The legal responsibility of the ‘sponsor’ usually lasts until the relative or other individual is either given the US citizenship or can get credited with 40 quarters of work.
The law that concerns affidavit of support can be found in the ‘Immigration and Nationality Act’ sections. The Provisions can be seen codified in Title 8 of the CFR, Code of Federal Regulations at 8 CFR 213a.
What Affidavit of Support do I need?
The USCIS offers two types of forms for the Affidavit of Support, namely, (1) Form I-864, and (2) Form I-134.
What is form I-864?
The form I-864 is usually utilized by foreign nationals who’re looking for a permanent residence.
What is form I-134?
The form I-134 is utilized by individuals who’re non-immigrants.
You require form I-864 in case you meet one of the below-mentioned criterions:
- You’re trying to immigrate to the United States on the basis of a relationship including husband/wife etc.
- You’re trying to immigrate to the United States on the basis of an employment and your relative in the United States has filed a petition for the immigration visa.
- You’re unmarried below age 21.
- You’re parents of the United States citizens above age 21.
- You’re brothers/sisters of the United States citizens above age 21.
- You’re unmarried/married children of the United State citizens.
- You’re the spouse of the United States citizens.
You do not require form I-864 in case:
- You’re the child (whether biological or adopted) of a United States citizen who was not born in the United States and hence didn’t acquire the United States citizenship at the time of birth.
- You’ve earned 40 or more quarters of employment in the United States.
- You’re a widower or a widow who’s self-petitioning and has an authorized form I-360, Petition for Widow or Widower, Amerasian or Special Immigrant.
- You’re a spouse or a child who’s self-petitioning and has an authorized form I-360, Petition for Widow or Widower, Amerasian or Special Immigrant.
The form I-134 is generally utilized by individuals who’re non-immigrants and are required to overpower the charge of inadmissibility.
For instance, you’re trying to obtain a B-2 visitor visa in order to visit some relative in the United States. In this case, you’re required to showcase that you’ve adequate funds or sufficient financial means to financially support yourself while in the United States. In the event you do not have sufficient financial resources, your relative in the United States could obtain the form I-134 and file it on your behalf.
However, in case you’re trying to procure a K-1 visa, then your fiancé is required to submit the form I-134 on your behalf.
How much is the fee for Affidavit of Support?
The fee for Affidavit of Support is usually $120 per case for reviewing when forms are filed in the United States. Only one fee is charged even if the financial supporters are more than one with a single case.
Fee can be paid online at the given website ceac.state.gov. For logging into this site, the petitioner will be needing the NVC case number along with Invoice Identification Number.
For the processing of an affidavit of support, the USCIS does not charge any fee. However, the NVC does cost $88 in the event the processing of the application has been done outside of the United States.
How to get an Affidavit of Support?
In case you’re trying to obtain an Affidavit of Support, here’s your complete guide:
- First of all, consider hiring a legal attorney. The immigration laws are usually very complex and detailed, and a skillful attorney is better able to guide you during the whole process. In case you can’t afford an attorney for the whole thing, hire a personal attorney for personal legal advice or reviewing your application.
- Consider the type of Visa you’re trying to obtain since not all visa types require you to sign an Affidavit of Support.
- Look out for exemptions. In case you satisfy an exemption (as described above), you’re not required to submit an Affidavit of Support.
- Determine the type of form (Form I-864 or Form I-134) you’re required to use. Various types of forms are available for various purposes and you’re required to select the one that suits you the most.
- Determine the responsibilities or liabilities of the sponsor towards the immigrant which usually includes the following:
- Medical expenses of the immigrant
- Contractual debts are taken by the immigrant
- Public assistance provided to the immigrant
- In case the sponsor divorces the immigrant, he/she is not expected to end this duty
- Look out for a sponsor that meets the following criterion:
- Above 8 years of age
- Hold the United States domicile
- Citizen or permanent (lawful) resident of the United States
- Have assets worth at least 125 percent of the poverty level
- Obtain the affidavit of support form via
- Court’s clerk office
- Law-making institutions
- Fill the form of the Affidavit of Support clearly and concisely by following the given instructions and get it signed by a notary.
What is Affidavit of Support Form I-134?
The affidavit of support form I-134 is a legal document that is used to show the government of the United States that the Visa Applicant has been sponsored by someone who is already living in the United States. This Affidavit of Support is filed by the resident of the United States who is supporting the application for the visa of a foreign resident. According to the rules of the affidavit of support form, the foreign resident that is visiting the United States cannot become a public charge, and in case of any potential financial fallback, the sponsor will be held responsible. This form is usually used to support non-immigrants that are visiting the United States.
When this affidavit of support form I-134 is filed by a sponsor, they must also provide the evidence that they are financially stable and can support the foreign resident that is coming to the United States. In order to prove financial stability, the following documents are needed as the evidence:
- Statement from the Officer of your bank with the opening date of your account along with the money that was deposited in your account since last year and the present balance.
- Statement from the employer on the company’s stationery along with the date you were employed, also the nature of your job at the company, your salary and if the job is temporary or on the contract base or permanent.
- If one is self-employed, then a copy of last income tax return or the report of commercial rating should also be included. If one owns some bonds, then the list of bonds with denominations and serial numbers is also required.
Sponsor income requirement for the Affidavit of support?
For being a Sponsor or a Co-Sponsor in the affidavit of support form, you must prove that your household income is higher or equal to 125% of United States poverty level for your household size of ongoing year. The size of the household includes you, relatives living with you, your dependents, immigrants you’re sponsoring, and any immigrant you previously sponsored.
However, for the soldiers, if the person that is sponsoring is on active duty in the United States Armed Forces, and the one being sponsored is the spouse or child, then the income of the soldier should only be equal to 100% of United States poverty level for your household size. However, this less requirement for the military men does not apply to Co-Sponsors.
Furthermore, the sponsor must be a permanent legal resident or citizen of the United States. The sponsor is also required to be above 18 years of age. In case, you have got a child living in the United States as a legal resident, he/she is not able to sponsor you unless and until he/she turns 18.
What is the minimum income requirement to sponsor an immigrant?
In order to be considered as a sponsor in this kind of affidavit, the sponsor is required to showcase that his/her income is 125 percent of the poverty guideline for the following year of the United States of his/her household. The person must meet the following three general criterion to be considered eligible to be a sponsor in an affidavit of support form:
- Minimum 18 years of age
- Lives (holds a domicile) in the United States
- Citizen or permanent legal resident (holds the greens card) of the United States
Minimum income requirement for an active US Soldier in Affidavit of Support form?
However, in case, you’re an active soldier in the United States Army, Navy or Marines, then you’re required to have an income of 100 percent of the poverty guideline for the United States. In this case, you’re required to showcase the proof of your active duty.
In the event your income consists up of child support, alimony, welfare, interest etc. then you’re required to include that income in your total income as well.
Furthermore, you’re required to present proof of your income, employment, retirement etc. whatsoever.
If your total income is not sufficient to be considered as a sponsor, then, in this case, you’re allowed to opt for any of the following combinations:
- Income of the members of the house
- Income of the immigrant
- Value of your assets
- Joint sponsorship
Responsibilities and obligations of sponsor written in Affidavit of Support?
The 9 responsibilities and obligations of a sponsor written in an affidavit of support form are as follows:
- Be cooperative
- Make sure equal terms and conditions regarding employment
- Keep proper records
- Provide clear records to the legal authorities
- Ensure that the immigrant is fulfilling the purpose of his/her visit
- Not transfer, charge or recover certain expenses
- Pay medical or travel expenses of the immigrant
- Pay contractual debts or public assistance given to the immigrant
- Pay certain expenses in order to deport unlawful immigrants
However, you can only be released from the responsibilities for being a sponsor for somebody in the affidavit of support form if:
- An officer of the USCIS decides that a sponsor is no longer required
- The immigrant receives a green card and starts working 40 hours per week
- The immigrant has successfully completed his 10 years stay in the United States
- The immigrant becomes a citizen of the United States
- The immigrant is deceased
- The immigrant leaves the United States permanently