An affidavit of Support is required of most family-based permanent resident applicants. An affidavit of support is an undertaking made to the U.S. government that the sponsor bears the responsibility for the financial support and will reimburse those who provided essential needs of the permanent resident.
A U.S. domiciled person must undertake the obligation to provide financial support to the immigrant in case of need. The undertaking is in the form of a contract with the federal government and is enforceable in court.
It is a common myth that Divorce will end such financial obligations, and it does not!
The exception to the affidavit of support:
The sponsor may be exempt from providing financial obligations. This is rare and depends upon credit calculation for forty qualifying quarters.
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 to be made about the eligibility of each individual willing to be a sponsor.
The petitioner is the primary sponsor, and an additional sponsor should be included in the petitioner's income is insufficient.
Acceptable financial sponsor is required to be a U.S. citizen or a lawful permanent resident with domicile in the U.S.
Each affidavit of support 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 or leaves the U.S. permanently, is credited with 40 qualifying quarters or becomes a U.S. citizen. It is complex. For more information, consult the attorney.