Affidavits of Support
“One of the most common questions asked by U.S. citizens or permanent residents filling out this form is, “Am I really responsible to pay money for this person?””
In order to assist someone in immigrating to the U.S., it is most often a necessity to show that financial requirements of the law are met. These required forms may be confusing and misunderstood, particularly by those who seek to act as “joint sponsors”.
One of the most common questions asked by U.S. citizens or permanent residents filling out this form is, “Am I really responsible to pay money for this person?”
The true purpose of the financial requirement is to protect the U.S. from individuals who enter the border and seek government, “means-assisted” or needs based, public assistance (often what people refer to as welfare, food stamps, etc., and health benefits like Medicare, etc). In essence become a public charge being supported by the government. Essentially, the financial forms are structured like contracts between the sponsor and the government. Technically, the U.S. government can sue the sponsor for reimbursement of those benefits, if received by the immigrant. In the case of non-immigrant visas, the government can ask the signer to post a bond to guarantee that the person will comply with the terms of the visa and depart on time (in which case the sponsor would get the money back). The enforcement of this against a sponsor; however, is very rare. In fact, many lawyers argue that one such form, Form I-134, would not be enforceable if challenged.
There are five forms associated with the process, of which you’ll have to fill out at least one:
Form I-864: Affidavit of Support
Form I-864EZ: Affidavit of Support
Form I-134: Affidavit of Support
Form I-864A: Contract Between Sponsor and Household Member
Form I-864W: Intending Immigrant’s Affidavit of Support Exemption
You will likely need to file an I-864 of some type to support either family or employment based petitions to sponsor an immigrant for U.S. residence. Except in certain circumstances, where Form I-864W, would be appropriate, you must submit Form I-864 even if your income is NOT sufficient to sponsor the immigrant. In that situation, however, one of your options to make sure the immigrant’s green card application is successful is to look for a joint sponsor, living in the U.S. as a lawful resident or citizen, whose income equals at least 125% of the Poverty Guidelines, taking into account both the number of people in the joint sponsor’s household and the number of incoming immigrants. The government may take into account certain assets should actual income numbers be insufficient, but if may wish to speak to a qualified attorney prior to filing should that apply in your personal situation. The joint sponsor would also sign a Form I-864, thereby promising to provide any and all financial support necessary to assist you in supporting the immigrant(s).
If your income is not at least 125% of the Poverty Guidelines for your family size, you will not be able to sponsor an immigrant unless you can meet the income requirement in some other way. In that case, your household member(s), including the intended immigrant in some cases, must sign Form I-864A. In doing so, they promise to provide any and all financial support necessary to assist you in supporting the immigrant.
The Form I-134, a simpler form than the I-864 discussed above, is filled out by U.S. sponsors to show the U.S. government that the person can and is willing to support a non-U.S. citizen financially during that person’s temporary stay in the United States. It is most commonly used in connection with visitor visas, fiancé visas, and diversity visas where the immigrant’s income alone is not sufficient to avoid the risk of him or her being found inadmissible as a public charge.
The person signing the form needs to be either a U.S. citizen or a lawful permanent resident. The signer may be asked to show that his or her income satisfies the financial requirements of processing. Those requirements can be found in Form I-864P.
Although all of the forms mentioned here are available for free online at USCIS.gov, it is always advisable to discuss your matter with a qualified immigration attorney in order to better understand your rights and responsibilities in this important process.
