First and foremost, the Affidavit of Support form is a legally binding contract between the person signing it and the government. The petitioner is the sponsor on the Affidavit of Support.
An Affidavit of Support is required as part of many applications for permanent residence based on marriage or other family relationships and is filed either with the adjustment of status application in the US or it is filed with the NVC when obtaining an immigrant visa at the US Consulate abroad.
A sponsor in a family-based permanent residence case (and sponsors in some other cases) is required to file an Affidavit of Support in order to show that the immigrant applying for permanent residence will not become a “public charge,” or dependent upon government services. I will discuss what it means to be a public charge shortly.
The Rahgozar Law Firm is here to represent you every step of the way including in putting together the Affidavit of Support and relevant documentation to ensure a successful sponsorship in helping your family member secure a green card to come into or stay in the United States. Ms. Pegah Rahgozar is a Houston immigration lawyer who can assist you with issues relating to the Affidavit of Support when it comes to obtaining a green card, to stay and work in the United States. Ms. Pegah Rahgozar and her team will find the best solution that works for you and your family member.
Pegah Rahgozar represents individuals and families in Houston, and surrounding areas, as well as across the great state of Texas. If your family member is outside of Texas or the United States, Pegah Rahgozar can represent you too! We have taken cases and represented individuals and families from all over the United States and across the world.
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For many years, Pegah Rahgozar, a permanent residence Houston green card lawyer, has been helping families in Houston go through the process of obtaining family-based green cards for their family members. A thorough knowledge of immigration law allows her to find solutions for the most sensitive immigration matters and in addressing issues that come up in the context of Affidavit of Support.
The basic requirements for the Affidavit of Support is:
- The petitioner of the green card must also file and sign an affidavit of support
- They must be at least 18 years of age
- Must show they are a US citizen or permanent resident
- They must show that their domicile is in the US or a territory of the US (if the petitioner lives abroad, then they may still be eligible to be a sponsor if they can show that their residence abroad is temporary, and that they still have a domicile in the United States.)
- Also, they must satisfy income requirements based on their household size
** to figure out your household size you include yourself, your spouse, the intending immigrant (sometimes this person is also your spouse – don’t count them twice), any children that are your dependents, any other dependents you support, and anyone else you’ve sponsored on the affidavit of support who are not yet US citizens.
If the petitioner does not have sufficient income, they can find a joint sponsor for the Affidavit of Support. Both the petitioner and the joint sponsor will have to file an affidavit of support for the intending immigrant that is being sponsored for the green card, and the joint sponsor also has to meet the requirements I just discussed, only things is that the joint sponsor doesn’t have to be related to the immigrant. Also You cannot combine your income with that of a joint sponsor to meet the income requirement.
If USCIS or the Department of State determines that an affidavit of support is incomplete or the sponsor cannot show sufficient means to serve as a sponsor, delays in the processing of the case will likely result, and if the issues in the affidavit of support are not addressed, an application for permanent residence or an immigrant visa may be denied.
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The immigrant that is coming to the US or wanting to stay in the US and apply for permanent residence must not be a public charge.
A public charge is a person who is primarily dependent on the government for basic assistance.
Those who receive certain federal and state public benefits are likely going to become a public charge – these programs include:
- Food stamps, Medicaid
- Supplemental Security Income (SSI)
- Temporary Assistance for Needy Families (TANF)
- State Child Health Insurance Program (SCHIP)
Programs Not Included: The following federal and state programs are not included as means-tested benefits:
- Emergency Medicaid;
- Short-term, non-cash emergency relief;
- Services provided under the National School Lunch and Child Nutrition Acts;
- Immunizations and testing and treatment for communicable diseases;
- Student assistance under the Higher Education Act and the Public Health Service Act;
- Certain forms of foster-care or adoption assistance under the Social Security Act;
- Head Start programs;
- Means-tested programs under the Elementary and Secondary Education Act; and
- Job Training Partnership Act programs.
What If You Can’t Meet The Minimum Income Requirement, Is There Other Options?
You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property. You must prove the cash value of your assets is worth 3 to 5 times the difference between your household size and the federal poverty guide line (the amount left over).
- Exceptions:
- If the person being sponsored is a spouse, or son/daughter (who is 18 years or older) of a U.S. citizen: The minimum cash value of assets must be three times the difference between the sponsor’s household income and 125% of the federal poverty guide line for the household.
- If the person being sponsored is an orphan coming to the United States for adoption: The adoptive parents’ assets need to equal or exceed the difference between the household income and 125% of the federal poverty line for the household size.
You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income, you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete a Form I-864A, Contract Between Sponsor and Household Member.
You may count the assets of the relatives you are sponsoring.
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What Happens If The Visa Petitioner Dies After The Visa Petition Is Approved But Before The Immigrant Receives An Immigrant Visa Or Green Card?
If the visa petitioner has died after approval of the visa petition then you can request that USCIS allow you to continue the petition process by getting a substitute sponsor who files the affidavit of support. The “substitute sponsor,” must be related to the intending immigrant but these can include more distant relatives who can step in to file the Affidavit of Support.
What happens once you sign and file the Affidavit of Support?
When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) generally until they
- become U.S. citizens, or
- can be credited with 40 quarters of work (minimum 10 years of work); or
- the permanent resident passes away; or
- they cease to be a permanent resident and depart the US
- Note: Divorce does NOT end the sponsorship obligation.
If the permanent resident receives any “means-tested public benefits,” you are responsible for repaying the cost of those benefits to the agency that provided them.
Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant.
**Something that is important that many sponsors or joint sponsors might not realize is that If you change your address after you become a sponsor on the Affidavit of Support, you are required by law to notify the USCIS within 30 days by filing Form I-865, Sponsor’s Notice of Change of Address.
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Is There Any Category Of Immigrants That Don’t Need To File An Affidavit Of Support?
The following category of individuals do not need to file an Affidavit of Support:
- An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States
- An individual who has an approved Form I-360 as a special immigrant juvenile, or an approved VAWA (those who are battered spouses or children)
- Orphans adopted by U.S. citizens abroad
- Those filing for green cards based on an approved U or T visa
- If your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. But you do need an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.
Application for permanent residence requires a lot of paperwork, and the process of reviewing can sometimes take years. An experienced green card attorney in Houston will help you prepare the required documents and facilitate obtaining the desired immigration status.
Pegah Rahgozar is ready to lend a helping hand to any individual or family. She assists families based in the Greater Houston area such as the Energy Corridor, Greenway Plaza, The Woodlands, the Galleria Area, Clear Lake, Sugar Land, and other locations.
If you have any issues with the Affidavit of Support paperwork in obtaining a green card for your family member, feel free to call Houston Immigration Attorney Pegah Rahgozar at (832) 792-3636 and make an appointment.