Tips to File an Affidavit of Support

Are you planning to settle in the US as your spouse/parent/relative works there?

Of course, you can go and live there. But, who is going to take your financial responsibility? Have you thought about it?

What is Affidavit of Support?

If you’re not going on the work/travel visa, you can live there permanently. But, drill into your head that you should have a sponsor. It doesn’t matter whether or not you’re employed. You do need to have the sponsor who would take your financial responsibility. He, on your behalf, will file a petition while disclaiming that you’re coming to the US and he will bear your financial burden, there. This is what purpose the Affidavit of Support serves. His signature on this affidavit makes him your sponsor.

This affidavit of support in a nutshell, is legally mandatory. It determines who is going to sponsor any family member to the US.

How long does this sponsorship last?

It takes 40 quarters of work (usually 10 years). Or, this sponsorship is valid until the family member attains the US citizenship. This is what the Immigration and Nationality Act (INA), Sections 212 (a) (4) and 213A state. These provisions are mentioned in the Title 8 of the Code of Federal Regulations (CFR) at CFR 213A.

When do you submit this affidavit for fiancé, spouse or child?

All these relatives are categorized under ‘K’ nonimmigrant visa (K-1 for fiancé, K-3 for spouse and K-2 or K-4 for the child of fiancé or spouse). Such petitioners don’t need to submit this affidavit at the time of submitting Form I-129. It is required only when your fiancé, spouse, or child file for the change of status to permanent US citizens.

Tips/ Requirements to file for the affidavit of support:

• First, the petitioner should have scheduled an immigrant visa interview with a consular officer in the US.
• If it is the case of the K-status nonimmigrant visa, you need to submit it at the time of adjusting the status with the USCIS.                        
• If you opt for the joint sponsors, each one should submit the complete Form I-864 A. It states the legal acceptance of taking financial responsibility of the petitioner.
• As a sponsor, you must provide your US federal income tax return of the current year. Also, you should enclose a proof of the current employment.
• In case, you fail to pay the income tax of the recent year, a valid justification of the failed tax payment is a must.
• If the income tax report is not submitted, your relative’s visa application would be rejected.
• Once all formalities are completed, enclose the Affidavit of Support. Notarize it in the US or from the consul.
• Hand over that information to your relative who is a petitioner.
• Your sponsorship will be terminated automatically, if the petitioner dies, or, he attains permanent status, or, he departs the USA.

Here is the list of all forms that you may require to attach with your application:

• Form I-864 (Affidavit of Support)
• Form I-864 A (A contract between a sponsor and the household members)
• Form I-864 EZ
• Form I-864P (Poverty Guidelines)
• Form I-864W (Intending Immigrant’s Affidavit of Support Exemption)

These forms are required on the basis of various conditions. You need to go through each form and its details thoroughly before filling it.