Affidavit of Support is required of most family-based permanent resident applicants.  Affidavit of support is an undertaking made to the U.S. government that the sponsor bears the responsibility of the financial support and wil 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 enforceable in the court. 

It is a common myth that Divorce will end such financial obligation.  It does not!  

Exception to the affidavit of support:

    Sponsor may be exempt from providing financial obligation.  This is rare and is dependent upon calculation of credit for forty qualifying quarters.

Termination: Financial obligation under the affidavit of support terminates by operation of law or at the happening of certain event:

Naturalization

return to home country for good

death

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

Does my sponsor have sufficient income?

    This is the most frequently asked question.  Probably, because the application for permanent residence is not approved unless USCIS determins that the sponsor has sufficient income.  Applicants are eager to get approval of their green card. 

    Income of the sponsor is not a magic number that qualifies a person as an eligible sponsor in a specific matter.  Determination of sponsor's eligibility is of crucial importance to adjudication of your greencard 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.

Q. How much income is required to be a sponsor?

This is the most common question.  A new assessment is to be made about the eligibility for each individual willing to be a sponsor.

Q. Who signs the sponsor form? 

A. The petitioner is the primary sponsor.  In case the petitioner’s income is insufficient an additional sponsor should be included. 

Q. Could the sponsor be a foreign national from another country?

A. Acceptable financial sponsor is required to be a U.S. citizen or a lawful permanent resident with domicile in U.S. 

Q. What is the requirement of financial sponsorship?

A. 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.

Q. When does the financial obligation end?

A. At the happening of certain event or by operation of law.  When permanent resident dies or leaves U.S. permanently, is credited with 40 qualifying quarters or becomes a U.S. citizen.  It is complex.  For more information consult the attorney.