1. What is the purpose of an Affidavit of Support for US Visa application?
The purpose of an Affidavit of Support for US Visa application is to demonstrate that the applicant has financial support and will not become a public charge while in the United States. It is also used to prove that the sponsor (also known as the petitioner) has sufficient income or assets to support the applicant if necessary. This document is required for most family-based and some employment-based immigrant visa applications, as well as certain non-immigrant visa applications. By signing this document, the sponsor is legally obligated to provide financial support for the applicant until they become a US citizen, reach 40 work quarters in Social Security, depart the US permanently, die, or revoke their sponsorship agreement.
2. Who is required to submit an Affidavit of Support?
When applying for certain visas, a U.S. citizen or permanent resident may be required to submit an Affidavit of Support. This is a legally binding contract where the sponsor agrees to financially support the immigrant intending to immigrate to the United States.3. What is the purpose of an Affidavit of Support?
The purpose of an Affidavit of Support is to ensure that the immigrant has adequate financial support from a sponsor in case they are unable to support themselves during their stay in the United States. This helps prevent immigrants from becoming public charges and requiring government assistance.
4. Who can serve as a sponsor for an Affidavit of Support?
A sponsor must be a U.S. citizen or permanent resident who is at least 18 years old and either resides in the United States or maintains a domicile (residence) in the country.
5. How does one become a sponsor for an Affidavit of Support?
To become a sponsor, an individual must complete and sign Form I-864, Affidavit of Support Under Section 213A of the INA, and provide supporting documentation such as proof of income, assets, and U.S. residency.
6. What are the responsibilities of a sponsor under an Affidavit of Support?
Sponsors are legally obligated to provide financial support to the sponsored immigrant until they become a U.S. citizen or can be credited with 40 quarters (10 years) of work history in the U.S., whichever comes first. Sponsors must also notify USCIS if there are any changes in their circumstances that affect their ability to meet this obligation.
7. Can someone’s sponsorship obligation end before they become a U.S. citizen or amass 40 quarters of work history?
Yes, someone’s sponsorship obligation can end if any one of these conditions occur:
– The sponsored immigrant becomes a U.S. citizen
– The sponsored immigrant works and earns credit for 40 quarters of coverage under the Social Security Act
– The sponsored immigrant leaves the United States and ceases to be a Lawful Permanent Resident and has been credited with 40 quarters of work history in the U.S.
– The sponsored immigrant dies
– The sponsor or sponsored immigrant recognizes his or her relationship as husband and wife was created by reason of the international marriage broker
– The sponsor or sponsored immigrant’s life ends
8. Can someone revoke their sponsorship obligation?
No, once a sponsor has signed the Affidavit of Support and it has been accepted by USCIS, they cannot revoke their sponsorship obligation. However, there are certain limited circumstances where the obligation may be terminated, such as through adoption or divorce.
9. What is the consequence if a sponsor does not meet their financial obligations under an Affidavit of Support?
If a sponsored immigrant receives means-tested public benefits (such as food stamps) while in the United States, they may be required to reimburse these benefits to the government. Additionally, the sponsor may also be held financially liable for any means-tested public benefits received by the sponsored immigrant.
10. How long is an Affidavit of Support valid for?
An Affidavit of Support is valid until either 1) the sponsored immigrant becomes a U.S. citizen, 2) is credited with 40 quarters of work history in the U.S., or 3) permanently leaves t
3. What are the financial requirements for an Affidavit of Support?
The financial requirements for an Affidavit of Support vary depending on the situation and the type of visa being applied for. Generally, the sponsor must demonstrate that they have enough income and/or assets to support the immigrant at 125% above the poverty line.For example, if a sponsor is petitioning for a spouse, their household size would include themselves, their spouse, and any dependents listed on their tax return. They must show income that is at least 125% above the federal poverty guidelines for their household size. In 2021, this income requirement for a household of 2 people is $21,775 per year (or $1,815 per month).
If the sponsor does not meet the income requirements, they may use assets such as savings or property as evidence of financial support. The minimum value of assets needed varies depending on the type of visa being applied for.
In addition to meeting these financial requirements, sponsors must also sign an Affidavit of Support form (Form I-864) and provide supporting documentation such as tax returns, W-2s, or bank statements to prove their income or assets.
It’s important to note that even if a sponsor meets the financial requirements and provides all necessary documentation, they may still be asked for additional information or proof of ability to financially support the immigrant during the visa application process. It’s best to consult with an immigration attorney for specific guidance on your situation.
4. How long does the Affidavit of Support need to be valid for?
The Affidavit of Support is generally required to be valid for the duration of the sponsored immigrant’s stay in the United States, which can range from several months to several years depending on the type of visa or immigration status they are seeking. In most cases, this will require the sponsor to provide support and meet income requirements for at least 10 years. However, if the sponsored immigrant becomes a US citizen, passes away, or works for 40 quarters (10 years) in the United States, the sponsor’s obligation will end.
5. Can a joint sponsor also submit an Affidavit of Support?
Yes, a joint sponsor can also submit an Affidavit of Support. A joint sponsor is someone who is willing to financially support the sponsored immigrant along with the primary sponsor. Both sponsors must meet the income requirements and complete separate Affidavits of Support forms in order for the application to be considered complete.
6. Are assets considered in determining the financial ability to support the visa applicant?
As an applicant for a visa, your financial ability to support yourself during your stay in the country is an important factor that will be considered by the immigration authorities. This includes not only your current income and employment status, but also any assets that you may have.Assets such as savings accounts, stocks and bonds, real estate, and other investments can all be taken into account when determining your financial ability to support yourself. The value of these assets will be assessed based on their liquidity (how easily they can be converted into cash) and whether or not they are readily available to you.
Additionally, if you have a sponsor who is providing financial support for your trip, their assets may also be considered in the evaluation. This could include proof of their income, savings, and any other supporting documents to demonstrate their ability to financially support you during your stay.
It’s worth noting that simply having a large amount of money or assets does not guarantee approval of your visa application. The immigration authorities will also take into consideration other factors such as the purpose of your visit, the length of your intended stay, and any previous travel history.
Ultimately, proving sufficient financial resources is an important aspect of obtaining a visa and it’s important to provide accurate and verifiable documentation to support your application.
7. Can a family member or friend provide the Affidavit of Support, instead of a sponsor?
Yes, a family member or friend can provide the Affidavit of Support as long as they meet the criteria outlined by the U.S. Citizenship and Immigration Services (USCIS). They must be a U.S. citizen or lawful permanent resident, at least 18 years old, and living in the United States.
They must also have an income that meets or exceeds 125% of the federal poverty line for their household size. If their income does not meet this requirement, they may need to use assets or have a joint sponsor who can help meet the financial requirements.
It’s important to note that providing an Affidavit of Support means taking on legal responsibility for the sponsored individual and their financial support until they become a U.S. citizen or can be credited with 40 quarters of work (typically about 10 years). Therefore, it’s important for the sponsor to carefully consider their ability to financially support and maintain the sponsored individual before providing an Affidavit of Support.
8. Is there a minimum income requirement for submitting an Affidavit of Support?
Yes, there is a minimum income requirement for submitting an Affidavit of Support. The exact amount varies depending on the size of your household and where you live. The minimum income requirement is based on the federal poverty guidelines established by the U.S. government. It is important to note that the income requirements may be different if you are sponsoring a fiancé(e) or relative, as opposed to a spouse or child.
9. Do I need to pay any fees for submitting an Affidavit of Support?
Yes, there is a fee associated with submitting an Affidavit of Support. The current fee for filing Form I-864 (Affidavit of Support Under Section 213A of the INA) is $120. This fee is subject to change, so it is important to check the USCIS website for the most up-to-date fee information. Additionally, if you are sponsoring more than one immigrant, you only need to pay the fee once.
10. What documents do I need to include with my Affidavit of Support application?
You will need to include the following documents with your Affidavit of Support application:
1. Form I-864, Affidavit of Support
2. Proof of U.S. citizenship or permanent residency status (i.e. copy of birth certificate, passport, green card)
3. Proof of income (i.e. tax returns, W-2 forms, pay stubs)
4. Letter from your employer verifying your current job and salary (if employed)
5. Bank statements for the past 6 months (if self-employed)
6. Assets documentation such as property deeds, car titles, and savings/ retirement account statements
7. Copy of marriage certificate or proof of relationship to the sponsored immigrant
8. Supporting documents for any dependents listed on the affidavit (i.e. birth certificates)
9. Any additional evidence that supports your ability to financially support the sponsored immigrant
10.Any required fees or receipts showing payment for processing fees
11. Can the sponsor withdraw their support after the visa has been issued?
Generally, once a visa has been issued, the sponsor cannot withdraw their support. However, if the sponsor provided false or misleading information during the sponsorship process, the visa may be revoked. Additionally, if the sponsor and sponsored individual have a falling out or relationship breakdown after the visa is issued, the sponsor may choose to withdraw their support, but this would not necessarily result in the revocation of the visa unless there are other factors at play.
12. Can I use a previous year’s tax return as proof of income in my Affidavit of Supports?
Yes, you can use a previous year’s tax return as proof of income in your Affidavit of Support. However, it is recommended to also provide your most recent tax return and other current proof of income, such as pay stubs or bank statements, to show your current financial situation.
13. Do I need to provide supporting documents from my employer if I am self-employed?
Yes, if you are self-employed, you will need to provide supporting documents that prove your income and employment status. This can include tax returns, business registration documents, financial statements, or any other relevant documents. These will help to verify your income and show that you have the means to repay the loan. Additionally, some lenders may also request a signed letter from your accountant or other financial professional confirming your employment and income.
14- Does my spouse’s income count towards meeting the requirements for an Immigrant Visa?
It depends on the visa category you are applying for and the country’s specific immigration laws. In some cases, the petitioner’s income alone may be sufficient to meet the financial requirements for an immigrant visa. However, in other cases, both the petitioner and the spouse’s income may be considered in evaluating whether the financial criteria have been met. It is best to consult with an immigration attorney or check with your country’s embassy for specific guidelines.
15- What types of evidence can be used to prove that I have enough income and resources to support the visa applicant?
1. Tax Returns and W-2 Forms: These documents can show your annual income and the taxes you have paid.
2. Employment Verification Letter: A letter from your current employer stating your job title, length of employment, and salary can be used as evidence of income.
3. Bank Statements: Your bank statements can demonstrate a consistent and stable income flow.
4. Pay Stubs: Recent pay stubs can provide concrete evidence of your current income.
5. Investment or Retirement Account Statements: If you have savings or investment accounts, providing statements can prove your financial stability and ability to support the visa applicant.
6. Property Deeds or Rental Agreements: If you own property or collect rental income, providing these documents can demonstrate sufficient income to support the visa applicant.
7. Business Ownership Documents: If you own a business, providing business registration papers, tax returns, and business financial statements can serve as proof of income.
8. Letters from Sponsors or Co-Signers: If someone else will be financially supporting the visa applicant, they can provide a signed letter stating their commitment to provide financial support.
9. Employment Contract or Job Offer Letter: If you have recently received a job offer with a high salary, this letter can serve as evidence of your future income potential.
10. Proof of Government Benefits or Pensions: If you receive any type of government benefits or pensions, providing documentation can demonstrate an additional source of steady income.
11. Credit Score Report: A good credit score reflects responsible financial management and may strengthen your case for being able to support the visa applicant financially.
12. Letter from Financial Institution: A letter from a bank or financial institution indicating that you have enough funds to support the visa applicant may also be considered as evidence of sufficient finances.
13. Proof of Assets: Providing documents that show ownership of valuable assets such as real estate properties, vehicles, or investments can indicate an ability to financially support the visa applicant.
14. Affidavit of Support: You can also fill out and provide an Affidavit of Support form, which is a legally binding contract stating that you will financially support the visa applicant during their stay in the country.
15. Other Sources of Income: If you have additional sources of income such as rental income, child support, or alimony, providing documents to prove these can also contribute to your case for financial stability.
16- Will providing an Affidavit Of Support guarantee that my visa will be approved?
No, providing an Affidavit of Support does not guarantee that your visa will be approved. The decision to approve a visa is ultimately at the discretion of the consular officer and is based on a variety of factors, including your personal information, purpose of travel, and ties to your home country. A strong Affidavit of Support may help demonstrate your financial ability to support yourself while in the United States, but it is not the only factor taken into consideration.
17- Can I provide more than one Affidavit Of Support for my visa application?
Yes, it is possible to provide more than one Affidavit of Support for your visa application. This could be necessary if the primary sponsor does not meet the income requirements or if there are multiple sponsors supporting your trip. Each affidavit should be properly completed and notarized, and all supporting documents (such as financial statements) should be submitted with each affidavit. The additional affidavits can help strengthen your case and show that you have adequate financial support for your trip. However, the embassy or consulate may still request additional evidence to prove that you will not become a public charge while in the United States.
18- Is it possible to change or update my Amexican affidavit Of support once it has been submitted?
Yes, it is possible to change or update your Amexican affidavit of support once it has been submitted. If there are any changes in your financial situation or income, you may need to provide updated documents and information to reflect these changes. This may include recent bank statements, tax returns, or proof of employment. It is important to communicate any changes to the person sponsoring you and the appropriate government immigration agency as soon as possible.
19- Can a US citizen living abroad act as a sponsor and provide an affidavit Of support?
Yes, a US citizen living abroad can act as a sponsor and provide an affidavit of support for an immigrant visa application. However, the sponsor must still meet all the requirements for sponsorship, including having a primary residence in the United States and meeting the minimum income requirement. Additionally, they may need to show proof that they intend to return to the US at some point in the future. It is important to consult with an immigration attorney for specific guidance on your individual case.
20- In what circumstances would USCIS consider denying or revoking someone’s sponsorship based on their affidavit Of support?
USCIS may consider denying or revoking someone’s sponsorship based on their affidavit of support if the sponsor fails to meet the financial requirements to support the sponsored immigrant, or if there is evidence of fraud or misrepresentation in the information provided in the affidavit. Additionally, if the sponsor becomes unable or unwilling to financially support the sponsored immigrant, USCIS may consider denying or revoking their sponsorship.