The petitioner of a family-sponsored petition (I-130) must submit an affidavit of support (I-864). This requirement also applies to the petitioner of an employment-based petition (I-140) if the petition is submitted by a relative or by a company in which a relative holds a significant ownership interest.
An affidavit of support permits government agencies to request reimbursement from the petitioner if the beneficiary receives means-tested public benefits.
The petitioner’s income must be no less than 125% of the current Federal Poverty Guidelines based on household size. If not, he may include the income and assets of a qualifying household member who has signed form I-864A. In addition, the value of any asset can be counted as 20% of income. If the petitioner is unable to meet the income requirements, a co-sponsor is required.
Supporting documents include certified income tax returns, W-2s and 1099s.
A beneficiary who has paid into the Social Security system for a minimum of 10 years, or 40 quarters, does not require an affidavit of support.
The petitioner’s obligation to support the beneficiary terminates if any of the following events occur to the beneficiary: (1) He naturalizes; (2) He dies; (3) He leaves the U.S. permanently; or (4) He is credited with 40 quarters of work in the US. A divorce does not terminate the petitioner’s obligations even when the petitioner and the beneficiary were a married couple when the affidavit of support was submitted.
A person can submit an I-864EZ affidavit of support form if he is sponsoring a relative using form I-130, there are no derivative beneficiaries (spouses and children) immigrating within 6 months of the sponsored relative and the funds used to support the affidavit are based entirely on income/pension supported by W-2 forms.
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This page is divided into the following subtopics:
General Information – Affidavit of Support
- Affidavit of Support Requirements
- Public Charge Fact Sheet
- How Do I File An Affidavit of Support for a Relative? (USCIS)
- Affidavit of Support Regulations for Immigrants – Final Rule (6-21-06)
- Fact Sheet: Final Rule Regarding Affidavit of Support (USCIS) (6-21-06)
- Affidavit of Support General Information & Frequently Asked Questions (State Department)
- State Department Cable: No AOS Required If Person Has 40 Quarters of Social Security Coverage (February 2002)
- INS Memo: No AOS Required If Person Has 40 Quarters of Social Security Coverage (5-17-01)
HHS Poverty Guidelines
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Green Cards Through Employment
Green Cards Through Marriage
Carl Shusterman served as an INS Trial Attorney (1976-82) before opening an 8 attorney firm specializing in immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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