Affidavit of support is document signed by a US citizen or a legal permanent resident to bring a relative to live permanently in the United States and to accept legal responsibility for financially supporting this family member. By completing and signing this document, the US citizen or legal permanent resident accept the responsibility and become the relative's sponsor. This legally enforceable responsibility lasts until the relative becomes a US citizen or can be credited with 40 quarters of work (usually 10 years).
People who needs an I-864 Affidavit of Support
The following applicants for immigrant visas need an I-864:
•Most applicants in family-based immigrant visa categories
•Orphans to be adopted in the United States (IR-4)
•Applicants for employment-based immigrant visas whose relative filed the immigrant visa petition or whose relative has a five percent or greater ownership interest in the business that filed the petition
Requirements for Sponsors
A sponsor, or joint sponsor, must be:
•A citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence;
•At least 18 years of age; and
•Domiciled in the United States or its territories and possessions.
Responsibilities as a Sponsor
When one sign the Affidavit of Support, one accepts the legal responsibility for financially supporting the sponsored immigrant(s) until they become U.S. citizens or can be credited with 40 quarters of work. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. Divorce dose not terminate this obligation.
If the immigrant receives any "means-tested public benefits," the sponsor is responsible for repaying the cost of those benefits to the agency that provided them. If the sponsor does not repay the debt, the agency can sue him/her in court to get the money owed.
Currently, Federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP). States and local jurisdictions may also designate certain of their programs as means-tested public benefits.
Income Requirements
One also must meet certain income requirements (whether he/she is a sponsor, a joint sponsor, or a substitute sponsor). One must show that his/her household income is equal to or higher than 125 percent of the U.S. poverty level for his/her household size. One's household size includes the sponsor, his/her dependents, any relatives living with him/her, and the immigrants he/she is sponsoring.
If the sponsor is on active duty in the Armed Forces of the United States, and the immigrant he/she is sponsoring is his/her spouse or child, his/her income only needs to equal 100 percent of the U.S. poverty level for his/her family size.
If one cannot meet the minimum income requirements using his/her earned income, he/she has various options:
•One may add the cash value of his/her assets;
•One may count the income and assets of members of his/her household who are related to he/she by birth, marriage, or adoption;
•One may count the assets of the relatives he/she is sponsoring;
•One may also find a joint sponsor.
Expiration
Generally speaking, the I-864 must be submitted to the consular officer in an immigrant visa interview within one year of the sponsor's signature. If it is submitted after one year, a new I-864 will be required.
After the I-864 has been submitted to and accepted by a consular officer (in the immigrant visa interview), it does not expire. However, if the supporting documents are more than 12 months old, the consular office will ask for new supporting documents, such as the most recent federal income tax returns (1040) and a current employment letter.
Sponsor's Change of Address
If the sponsor changes his/her address after becoming a sponsor, one is required by law to notify the USCIS within 30 days by filing USCIS Form I-865, Sponsor's Notice of Change of Address. If one fails to notify the USCIS of his/her change of address, he/she may be fined.
A substitute sponsor is a sponsor who files an I-864 Affidavit of Support in place of a visa petitioner who has died.
Typically, when the visa petitioner dies, the approved I-130 originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act, P.L. 107-150, beneficiaries of these petitions may file for reinstatement so long as they can provide an I-864 Affidavit of Support filed by a substitute sponsor.
To be a substitute sponsor, one must be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild. And one must also be a U.S. citizen or national or an alien lawfully admitted for permanent residence, be at least 18 years of age, domiciled in the United States, and meet all of the financial requirements of a sponsor pursuant to INA 213A.
One should also complete Form I-864 and submit it to the USCIS office where the revoked visa petition (Form I-130) was originally filed, along with a statement from the intending immigrant formally requesting reinstatement.
Once the request for reinstatement is approved, and the intending immigrant ultimately obtains permanent residence in the United States, the substitute sponsor assumes all of the obligations of a I-864 sponsor.
Substitute Sponsor
Typically, when the visa petitioner dies, the approved I-130 originally filed by the visa petitioner is automatically revoked. However, following the passage of the Family Sponsor Immigration Act (P.L. 107-150), beneficiaries of these petitions may file for reinstatement with an I-864, Affidavit of Support, filed by a "substitute sponsor." This substitute sponsor is a sponsor who is completing a Form I-864 on behalf of an intending immigrant whose original I-130 petitioner died after the Form I-130 was approved, but before the intending immigrant obtained permanent residence. What's more, Humanitarian reinstatement is discretionary and there must also be strong humanitarian reasons in support of the request. Attorney would evaluate your family ties; length of residence in the United States; community ties and value to the community; hardship to the beneficiary or LPR/USC family members; etc.
1. The substitute sponsor must:
a) Be related to the intending immigrant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child (at least 18 years of age), son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild or legal guardian.
b) Be a U.S. citizen or a lawful permanent resident
c) Be at least 18 years of age
d) Have a domicile in the United States or a territory or possession of the United States, Usually, this requirement means the substitute sponsor must actually live in the United States
e) Meet all of the financial requirements of a sponsor pursuant to INA 213A.
2. There must be strong humanitarian reasons in support of the reinstatement request. Humanitarian reasons could be evaluated by family ties; length of residence in the United States; community ties and value to the community; hardship to the beneficiary or LPR/USC family members; etc.