Affidavit of Support for Family-Based Immigration
For a more detailed explanation, please refer to Green Card Affidavit of Support.
An important component of any family-based immigration process is the “Affidavit of Support”. The Affidavit of Support is required for all family based cases, whether it’s a green card through marriage or a sibling sponsoring a sibling.
The individual petitioning for their family member, also called the “sponsor”, must submit this on behalf of the sponsored family member (“beneficiary”).
The Affidavit of Support is a legally enforceable contract between the sponsor and the US government. It is used to support the idea that the intending immigrant will not become a “public charge”, which involves receiving certain types of means-tested public benefits. If the beneficiary should receive these benefits, the sponsor could be required to reimburse any government agencies that provided the “means-tested public benefits”. The sponsor’s income may also be considered in determining whether the beneficiary is eligible for these benefits. The affidavit also provides that the sponsor is responsible for maintaining the foreign national at an income of at least 125% of the Department of Health and Human Services’ Poverty Guidelines.
In light of all of this, to comply with the Affidavit of Support requirements, the sponsor must meet certain minimum income requirements. If the sponsor does not meet the financial requirements, there is the option of obtaining a joint sponsor.
Joint Sponsor
A joint sponsor is an individual that will sign a separate Affidavit of Support binding them to the same financial responsibilities described above as the primary sponsor, the individual petitioning for their family member. The primary sponsor and the joint sponsor will both be equally liable.
A joint sponsor must be at least 18 years old, must live in the United States, and must be either a U.S. citizen or a lawful permanent resident of the United States. A joint sponsor does not need to be a family member of the primary sponsor or the intending immigrant.
The joint sponsor must meet certain minimum income requirements to comply with the Affidavit of Support requirements. The income requirement is proving that the joint sponsor’s income is at least 125% of the Federal Poverty Guidelines based on the joint sponsor’s household size, which will include the beneficiary. Along with providing a signed copy of the Affidavit of Support, the joint sponsor must submit their most recent U.S. federal income tax return and evidence of current employment and current income.
Below is the list of documents and evidence a joint sponsor would need to provide:
- Proof of U.S. Citizenship or permanent resident status (i.e. U.S. passport, U.S. birth certificate, naturalization certificate, certificate of citizenship, or copy of green card).
- Most recent federal income tax return or IRS tax return transcript.
- Relevant Forms W-2 , 1099, and/or K-1
- Letter from employer describing the joint sponsor’s employment (this may be adjusted if the joint sponsor is self-employed).
- Recent pay statements from joint sponsor’s employer (this may be adjusted if the joint sponsor is self-employed).
Joint Sponsor’s Assets
If the joint sponsor’s income is insufficient to meet the poverty guidelines, the liquid assets of the joint sponsor can be used to supplement income. Assets that can quickly be converted into cash can be included in the application. This can include money in checking and savings accounts, stocks, or bonds. Property can also be included in certain situations. The assets need to be equal to or be higher than five times the difference between the minimum income requirement and the joint sponsor’s income.
End of Joint Sponsor’s Responsibility
The affidavit is a long-term contract. The joint sponsor’s responsibilities under the contract end if the beneficiary becomes a U.S. citizen, earns 40 work quarters in the U.S. (which is approximately working for 10 years), permanently leaves the U.S., or unfortunately dies. If the joint sponsor were to die, then the responsibilities under the contract also end.
