What is an Affidavit of Support?
- The Affidavit of Support (AOS) is a legally enforceable contract between the petitioner (Sponsor) of an immigrant visa applicant and the U.S. government. In this case, the sponsor is accepting legal responsibility for financially supporting his/her family member.
For Whom is an Affidavit of Support Required?
- An Affidavit of Support must be completed if the sponsor is bringing a relative to the US or if they are applying for an adjustment of status for that relative. This form is required for every immediate relative based case.
Who is Required to Be a Sponsor?
- The sponsor must be a US Citizen or a Legal Permanent Resident and they must be at least 18 years of age. The sponsor must have a valid address in the United States. Which means that the sponsor must actually live in the United States.
Can anyone else be a sponsor?
- Yes, if the petitioner (sponsor) does not meet the financial requirements a “joint sponsor” can sign an Affidavit of Support. (Look at Poverty Guidelines table)
What is a Joint Sponsor?
- A joint sponsor, like the sponsor, is someone who is accepting legal responsibility for financially supporting the sponsor’s family member. The joint sponsor must meet all of the same requirements as the sponsor. The only requirement that the joint sponsor does not have to meet is the relationship to the family member. The joint sponsor does not have to be related to the sponsor’s family member.
What are the income requirements for an Affidavit of Support?
- Both the sponsor and the joint sponsor must prove that their household income is equal to or higher than 125 percent of the U.S. poverty level. The household size includes the sponsor or joint sponsor, any dependents and the family members you are sponsoring. (Look at Poverty Guidelines table)
What are the responsibilities as a Sponsor?
- As stated above, the sponsor who signs the Affidavit of Support is accepting legal responsibility for financially supporting the family member that they are sponsoring.
How long does the sponsor have to financially support the family member for?
- The sponsor must show that they will be able to financially support the family member until that family member becomes a U.S. Citizen or until they are credited with 40 quarters of work
What if the sponsor’s address changes?
- If the sponsor’s address changes, they are required by law to notify the USCIS within 30 days. This must be done by filing form I-865. Note: If the sponsor does not notify the USCIS, they may be fined.
Size of Family Unit 125 Percent of Guideline
For family units with more than 8 members, add $5,075 for each additional member to meet 125% of the federal poverty guideline.
Make sure you consult with one of our experienced immigration attorneys for more information on the Affidavit of Support. If you have any questions about this, contact one of our immigration attorneys in San Jose, San Francisco and Pasadena, California for more information. Call us at 408-293-2026 or e-mail us at [email protected]