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What you need to know about the Affidavit of Support
US dollars
News
July 10, 2018

What you need to know about the Affidavit of Support

Ask the Embassy

Q: I am an American citizen and live in Florida. I have filed an immigrant visa (IV) petition on behalf of relatives in Jamaica. One of the documents I have to provide is an affidavit of support. What does that mean?

A: Petitioners are required to submit an Affidavit of Support form and evidence of their income to show that the immigrating relatives have adequate financial support and are unlikely to become public charges in the United States.

The Affidavit of Support form, also called the I-864, is legally required for most family-based and some employment-based immigrants. It is a legal contract between the petitioner (sponsor) of an immigrant visa applicant and the US Government in which the sponsor pledges to use his or her resources to support the intending immigrant, if it becomes necessary. Generally, the following intending immigrants need an Affidavit of Support:

• Applicants for family-based immigrant visas, including certain orphans.

• Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a five per cent or greater ownership interest in the business that filed the petition.

There is detailed information online explaining who needs an Affidavit of Support and who is exempt at www.travel.state.gov, and at www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support.

Q: Who can be a financial sponsor?

A: A financial sponsor, including a petitioner, must be at least 18 years old and either a US citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.

Q: How do I calculate my household size?

A: When calculating their household size, sponsors must include:

• Their spouse;

• Any unmarried children under 21 (unless these children have reached majority under the law of their place of domicile);

• Anyone else claimed as a dependent on the sponsor’s tax return;

• The principal visa applicant;

• Any derivative applicants who plan to immigrate within six months; and

• Any other people in the United States whom the sponsor is supporting on a different Form I-864.

Q: What if I don’t have enough income?

A: Petitioners who cannot meet the income level specified in the Poverty Guidelines have two choices:

• Find a “joint sponsor” who will agree to financially support the visa applicant; or

• Use the income of a household member to meet the guidelines.

The additional financial sponsor also must submit an Affidavit of Support, evidence of income, and proof of legal status in the United States.

Q: If I sign an Affidavit of Support, does that mean I am financially responsible for my relatives for the rest of their lives?

A: When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they become US citizens or can be credited with 40 quarters of work. Your obligation also ends if you or the sponsored individual dies, or if the individual sponsored ceases to be a permanent resident and departs the United States. Divorce does not end the sponsorship obligation. For more information, go to www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-support.

You can find more information on visas on our website www.jm.usembassy.gov and the Department of State’s travel website www.travel.state.gov. Keep on top of Embassy news on our Facebook page, www.facebook.com/USEmbassyJamaica/ and by following @USEmbassyJA on Twitter and Instagram . We also answer general visa questions on our Facebook and Twitter pages.

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