Affidavit of support
In order to obtain a visa for your spouse or other relative you must sign a document called an “affidavit of support”. By signing this document, you promise to be financially responsible for your relative once he or she obtains a visa. All family based immigrants must be the beneficiary of an affidavit of support signed by their sponsoring relative. The purpose of the affidavit of support is to ensure that immigrants do not become dependent on the government for support. Because of this, the sponsor of an affidavit of support must show an income equivalent to 125% of the federal poverty level in order to qualify as sponsors.
What if I do not make enough money to qualify as a sponsor of an affidavit of support?
If you do not have enough income to qualify as a sponsor of an affidavit of support, you can get a co-sponsor. Anyone who is a U.S. citizen or legal permanent resident and who does have the required level of income can be a co-sponsor of the affidavit of support. The co-sponsor must show copies of his or her most recently filed tax return, proof of current income and proof of status in the United States.
In some cases, sponsors who are petitioning for their relatives can use assets in lieu of income to qualify under the affidavit of support. Generally, a sponsor must have $5,000 for every $1,000 he or she is short of the income requirement. If a sponsor is the spouse of the beneficiary only $3,000 in assets are required for every $1,000 if deficiency.
Can an immigrant use his or her own income to meet the affidavit of support requirement?
In certain circumstances an immigrant can use his own income to meet the income requirement for the affidavit of support. If the immigrant is 1) living in the same household as the sponsor; 2) not immigrating with any dependent children of his own, and 3) working legally in the United States, his own income can be added to the sponsor’s income in calculating the entire household income for purposes of the affidavit of support.
What obligations do I take on by signing an affidavit of support?
The sponsor is responsible for providing support to the beneficiary at a level equivalent to 125% of the federal poverty level. If the sponsored immigrant receives certain public benefits, the sponsor may be held responsible for refunding these sums to the government. However, the sponsor is not responsible for commercial debts incurred by the immigrant.
Can I be sued for the debts of the beneficiary of an affidavit of support?
Yes. The beneficiary can sue the sponsor for support if he or she becomes indigent. Also, the government can sue the sponsor for any “means tested public benefits” which the sponsored immigrant may receive. Means tested public benefits are government benefits which are given out to poor people based on need. Examples of means tested public benefits are food stamps or Medicaid. Private parties, on the other hand, cannot sue under the affidavit of support. No matter how many debts the beneficiary of the affidavit of support has to private parties none of them can sue the sponsor of the affidavit of support. The affidavit of support exists to protect the government from having to support immigrants.