Demystifying Affidavit of Support: Your Responsibility in Family Immigration

by: Attorney Noyes

8/24/20232 min read

Navigating the Affidavit of Support in Family Immigration

When seeking lawful permanent residence for a family member in the U.S., the Affidavit of Support (Form I-864) plays a crucial role. This legally binding document outlines the responsibilities and obligations of various parties, ensuring financial support for the sponsored newcomer. Let's delve into the details of the Affidavit of Support and its significance in the immigration process.

Understanding the Affidavit of Support:

The Affidavit of Support is a contractual agreement involving multiple parties, including the sponsor, the sponsored family member, the government, and related agencies. By signing this form, the sponsor commits to providing financial support to the sponsored family member until certain conditions are met, such as citizenship, accumulating work credits, or permanent departure from the U.S.

Eligibility and Requirements:

Sponsors must fulfill specific criteria to sign the Affidavit of Support:

• U.S. citizenship or lawful permanent residency
• Minimum age of 18
• Residing in the U.S.

Sufficient income, at least 125% of the federal poverty guidelines for the household size, is essential. If adult relatives reside with the sponsor, their income can contribute to meeting the threshold. Joint sponsors are also possible, necessitating a separate agreement (Form I-864A).

Overseas Considerations:

If sponsoring while living abroad, proof of ties to the U.S. must be demonstrated. This could include maintaining U.S. bank accounts, paying taxes, or having intentions to return to the U.S. when the relative is admitted.

Obligations and Consequences:

Signing the Affidavit of Support comes with significant responsibilities. Sponsors, including joint sponsors, are financially accountable for the sponsored relative. Failure to provide adequate support could lead to legal actions from the relatives and the government. The obligation persists through personal bankruptcy and divorce, and even a change of address requires prompt notification to authorities.

Seeking Legal Guidance:

Navigating the complexities of the Affidavit of Support requires legal expertise. At Noyes & Associates, we understand the intricacies of family immigration and the implications of signing the Affidavit of Support. Our experienced immigration attorneys can guide you through the process, ensure accurate completion of the form, and provide essential advice to safeguard your interests.

Contact Noyes & Associates:

If you plan to sponsor a family member for lawful permanent residence, consult our dedicated immigration attorneys at Noyes & Associates. We're here to assist you in understanding your responsibilities, fulfilling obligations, and ensuring a smooth family immigration process. Schedule a consultation today by calling 203-298-7494 / 203-572-6748.