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Affidavit of Support  Form

Affidavit of Support Form

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What is the Affidavit of Support

The affidavit of support is a legal document used primarily in immigration processes in the United States. It serves as a contract between the sponsor and the U.S. government, ensuring that the sponsored individual will not become a public charge. The most common form associated with this document is Form I-864, which is required when a U.S. citizen or lawful permanent resident sponsors a family member for a green card. The affidavit outlines the sponsor's financial ability to support the immigrant, demonstrating that they meet specific income requirements based on the federal poverty guidelines.

Key elements of the Affidavit of Support

When completing an affidavit of support, several key elements must be included to ensure its validity:

  • Personal Information: This includes the sponsor's name, address, and Social Security number, as well as the immigrant's details.
  • Financial Information: The sponsor must provide evidence of their income, assets, and employment status, often requiring recent tax returns and pay stubs.
  • Commitment to Support: The sponsor must declare their commitment to financially support the immigrant, ensuring they can meet the necessary income threshold.
  • Signatures: The affidavit must be signed by the sponsor, and in some cases, the immigrant may also need to sign.

Steps to complete the Affidavit of Support

Completing the affidavit of support involves several important steps:

  1. Gather necessary documents, including proof of income, tax returns, and identification.
  2. Obtain the correct form, typically Form I-864, from the U.S. Citizenship and Immigration Services (USCIS) website.
  3. Fill out the form accurately, ensuring all required sections are completed.
  4. Review the form for accuracy and completeness before signing.
  5. Submit the completed affidavit along with the immigrant's visa application to the appropriate USCIS office.

Legal use of the Affidavit of Support

The affidavit of support is legally binding, meaning that the sponsor is financially responsible for the immigrant. This responsibility lasts until the immigrant becomes a U.S. citizen, has worked for ten years, or leaves the United States permanently. If the immigrant receives public benefits, the government can seek reimbursement from the sponsor, making it crucial for sponsors to understand their obligations fully.

Examples of using the Affidavit of Support

Affidavits of support are commonly used in various immigration scenarios, including:

  • Sponsoring a spouse for permanent residency.
  • Supporting a child or stepchild in their immigration process.
  • Assisting parents or siblings in obtaining visas.

In each case, the sponsor must demonstrate their financial capability to support the immigrant, ensuring compliance with immigration laws.

Required Documents

To successfully complete the affidavit of support, sponsors must provide several required documents, including:

  • Proof of income, such as recent pay stubs or a letter from an employer.
  • Federal tax returns for the past three years.
  • Evidence of assets if the income does not meet the required threshold.
  • Proof of U.S. citizenship or lawful permanent residency.

Having these documents ready will facilitate a smoother application process.

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