Affidavits of Support & Joint Sponsors
If you sponsor a relative for lawful permanent residence in the United States, you must accept legal responsibility for financially supporting this family member. You accept this responsibility and become your relative's sponsor by submitting an affidavit of support. This legally enforceable contract lasts for ten years or until your relative becomes a U.S. citizen.
You must submit an affidavit of support for any family member who qualifies for immigration to the United States based on an approved Form I-30, an Immigration Petition for an Alien Worker that was filed on your behalf.
An affidavit of support is also required for visa petitions filed for all immediate relatives of U.S. citizens including parents, spouses, and unmarried children under the age of 21, including orphans, as well as certain relatives who qualify for immigration to the United States under one of the following family-based preferences:
First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their unmarried children.
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children.
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children.
In order to be a sponsor, you must be at least 18 years old and a U.S. citizen or a lawful permanent resident. You must reside in the United States. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, so that you still have your residence in the United States.
You, the sponsor, are required to provide U.S. Federal income tax returns for the 3 most recent tax years along with W2s. You will also need proof of current employment, such as a letter of employment, and a letter from any and all banks where you have an account.
You must also meet certain income requirements. You must show that your household income is “equal to or higher than 125 percent of the U.S. poverty level for your household size” (See table below.) Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring. For example, if you live with your two children and you want to sponsor your spouse, you must prove that your household income is equal to or higher than 125 percent of the U.S. poverty level for a family of four, or $24,187.00 (from the table below). You must include in your household size any immigrants you have previously sponsored under this part of the law. In the above example, if you had previously sponsored your mother and your father, your household size would be six persons and you would need a household income of $32,337.00.
2005 POVERTY GUIDELINES
Minimum Income Requirement for Use in Completing Form I-864
| For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam |
| Sponsor's Household Size | 100% PovertyLine | 125% PovertyLine |
| 2 | $12,830 | $16,037 |
| 3 | $16,090 | $20,112 |
| 4 | $19,350 | $24,187 |
| 5 | $22,610 | $28,262 |
| 6 | $25,870 | $32,337 |
| 7 | $29,130 | $36,412 |
| 8 | $32,390 | $40,487 |
| | Add $3,260 for each additional person | Add $4,075 for each additional person |
The 2005 Poverty Guidelines for Alaska and Hawaii are different from the above table.
If you cannot meet the minimum income requirements using your income, you may be able to add the value of your assets such as money in savings accounts, stocks, and property. To determine the amount of assets required to qualify, we suggest that you contact an immigration attorney.
If the petitioner’s household income is not sufficient to meet the requirements of becoming a sponsor, the Immigration and Nationality Act permits a “joint sponsor” or “co-sponsor” to sign an affidavit of support, in addition to the affidavit of support signed by the petitioner.
A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor must provide proof of U.S. citizenship or lawful permanent residence, U.S. Federal income tax returns for the 3 most recent tax years along with W2s, proof of current employment (such as a letter of employment) and a letter from any and all banks where the joint sponsor has an account.
The joint sponsor must also reach the 125 percent income requirement. You cannot combine your income with that of a joint sponsor to meet the income requirement. The joint sponsor must meet the income requirement alone.
When you sign an Affidavit of Support, you accept legal responsibility for financially supporting the sponsored immigrant lasts for ten years or until he or she becomes a U.S. citizen. A joint sponsor is also legally responsible for financially supporting the sponsored immigrant. If the immigrant receives any means-based public benefits such as food stamps, Medicaid or welfare, you, as the sponsor or joint sponsor, are responsible for repaying the cost of the benefits to the government agency that provided them. Certain government assistance programs do not qualify as means-based public benefits. Thus, you, as a sponsor or joint sponsor, are not responsible for repaying the costs of those benefits. When in doubt, ask the person or institution providing the benefit if the assistance is a "means-based public benefit.”