Affidavit of Support is required in most family-based immigration cases. There is a standard Form I-864 which is most commonly used for this purpose but, there are other forms for more complex situations. The person who signs it is called the sponsor popularly known as the financial sponsor.
Affidavit of support is a promise by the sponsor to financially support the person and to repay if the person received any emergency assistance.
The affidavit of support is a contract with the federal government and can be enforced in court!
Sponsor must be domiciled in U.S.
- Divorce does not end financial support obligations.
- Some people are exempt from filing the affidavit of support. Rules requiring complex calculations of service for forty qualifying quarters determine exemption from affidavit of support requirement.
Call "Haranlaw" at (317) 660-6174 for answers and schedule a consultation.
Termination: Financial obligation under the affidavit of support terminates by operation of law or at the happening of a certain event:
Naturalization
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return to home country for good
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death
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when the foreign national can be credited with the 40 qualifying quarters
To learn more about your obligation, contact the attorney.
FREQUENTLY ASKED QUESTIONS ABOUT FORM I-864
This is the most frequently asked question. Probably, because the application for permanent residence is not approved unless USCIS determines that the sponsor has sufficient income. Applicants are eager to get approval for their green cards.
The sponsor's income is not a magic number that qualifies a person as an eligible sponsor in a specific matter. Determination of the sponsor's eligibility is crucial to adjudicating your green card petition. Talk to your attorney, who can determine if someone could be the financial sponsor in your immigration case. This is a very important step for speedy processing of the application for permanent residence.
This is the most common question. A new assessment is required about the eligibility of each individual willing to be a sponsor.
The petitioner is the primary sponsor and must sign the form. Any additional sponsor should be included if the petitioner's income is insufficient.
An acceptable financial sponsor is a U.S. citizen or a lawful permanent resident with domicile in the U.S.
By signing an affidavit of support, the sponsor undertakes to maintain the foreign national above 125% of the federal poverty guidelines. The affidavit of support is a contract with the federal government and can be enforced against the sponsor.
At the happening of a certain event or by operation of law. When a permanent resident dies, leaves the U.S. permanently, is credited with 40 qualifying quarters, or becomes a U.S. citizen. For more information, consult the attorney.