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Affidavit Of Support for the United States

Affidavit Of Support Template for United States

An Affidavit of Support is a legally binding document used in U.S. immigration processes where a U.S. citizen or permanent resident agrees to financially support an immigrant seeking permanent residence status. This document, governed by U.S. federal immigration law, creates a contract between the sponsor and the U.S. government, requiring the sponsor to maintain the immigrant at an income of at least 125% of the Federal Poverty Guidelines. The obligation continues until the immigrant becomes a U.S. citizen, has worked 40 quarters under Social Security, leaves the U.S. permanently, or dies.

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What is a Affidavit Of Support?

The Affidavit of Support was established under U.S. immigration law to ensure that immigrants entering the United States have adequate financial support and won't become public charges. This document is required for most family-based and some employment-based immigration cases. It creates a legally enforceable obligation for the sponsor to support the immigrant and reimburse any government agencies that provide means-tested public benefits to the sponsored immigrant. The document must be properly executed according to federal guidelines and includes detailed financial information about the sponsor, including proof of income and assets. The obligation created by an Affidavit of Support remains in effect until specific terminating conditions are met.

What sections should be included in a Affidavit Of Support?

1. Sponsor Information: Full legal name, address, and contact information of the sponsor, including proof of US citizenship or permanent residency

2. Beneficiary Information: Details of the immigrant being sponsored including full name, alien registration number, and relationship to sponsor

3. Income Qualification: Documentation and declaration of sponsor's income meeting 125% of Federal Poverty Guidelines for household size

4. Financial Obligations: Detailed explanation of sponsor's commitment to support the immigrant and repay any means-tested public benefits used

5. Duration and Enforceability: Terms specifying the length of obligation and legal enforcement mechanisms

6. Sworn Statement: Legal declaration under penalty of perjury confirming all information is true and correct

What sections are optional to include in a Affidavit Of Support?

1. Co-Sponsor Information: Details and documentation for additional sponsor when primary sponsor doesn't meet income requirements

2. Household Member Contributions: Information about additional household members contributing to income qualification

3. Asset Declaration: Documentation of significant assets when using assets in addition to or in place of income to meet requirements

What schedules should be included in a Affidavit Of Support?

1. Schedule A - Income Documentation: Supporting documents including tax returns, W-2s, and pay stubs

2. Schedule B - Employment Verification: Current employment verification letters and documentation

3. Schedule C - Assets Documentation: Bank statements, property deeds, and other asset verification documents if using assets to qualify

4. Schedule D - Supporting Legal Documents: Copies of sponsor's citizenship or permanent resident documentation, photo ID, and other legal requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions















Clauses















Industries

Immigration and Nationality Act (INA) Section 213A: Primary federal legislation that establishes the legal framework for financial sponsorship of immigrants, including the requirements and obligations of sponsors in the Affidavit of Support

8 CFR ยง 213a: Code of Federal Regulations section that provides detailed implementation guidelines for Affidavit of Support requirements, including specific obligations and procedural requirements for sponsors

USCIS Forms Regulations: Specific requirements and guidelines for Form I-864, I-864EZ, and I-864A, which are the official USCIS forms used for Affidavit of Support documentation

Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Federal law that defines sponsor's obligations regarding government benefits and establishes the legal framework for preventing sponsored immigrants from accessing certain public benefits

Federal Poverty Guidelines: Annual guidelines published by Department of Health and Human Services that determine the minimum income requirements for sponsors (typically 125% of poverty level)

State Contract Laws: State-specific legislation governing contract enforcement, financial obligations, and relevant statutes of limitations that may affect the Affidavit of Support

Social Security Administration Regulations: Guidelines pertaining to income verification and requirements for sponsors, including methods of proving income and employment status

Teams

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