How Do I Financially Sponsor Someone Who Wants
to Immigrate to the U.S.?”
Under the law, every person who immigrates based
on a relative petition must have a financial sponsor.If you choose
to sponsor your relative’s immigration by filing a Form I-130,
Petition for Alien Relative, then when the time comes for actual
immigration you must agree to be the financial sponsor and file an
affidavit of support.If you do not meet the financial
qualifications at that time, you must still file a Form I-864,
Affidavit of Support, and accept responsibility, but you and your
relative must also find other individuals who meet the requirements
and are willing to make this commitment and also file affidavits of
support.
What is the purpose of the affidavit of
support?
Who has to have an affidavit of support in order to immigrate?
What are the financial qualifications for an affidavit of support?
I filed the I-130 immigrant petition for my relative but I do not
meet the minimum income requirements. Can anyone else be a
financial sponsor?
What is the
purpose of the affidavit of support?
The affidavit of support helps ensure that new immigrants will not
need to rely on public benefits such as Food Stamps, Medicaid,
Supplemental Security Income (SSI), and Temporary Assistance to
Needy Families. If a person for whom you file an affidavit of
support becomes a permanent resident and is later given certain
public benefits, the agency that gave the benefits can require that
you repay that money.
Who has to
have an affidavit of support in order to immigrate?
Anyone applying to be a
permanent resident through a family member must have a financial
sponsor. A sponsor is also required for a family member coming to
work for a relative, or for a company in which a relative owns 5
percent or more of the company. Petitioners, those persons
sponsoring someone’s immigration, must file an affidavit of
support. If they do not, then their sponsorship is not complete,
and the person will not be given permission to immigrate based on
that petition.
What are the
financial qualifications for an affidavit of support?
The law requires a
sponsor to prove an income level at or above 125% of the Federal
poverty level. (For active duty military personnel, the income
requirement is 100% of the poverty level when sponsoring his/her
husband, wife, or children.) If your income does not meet the
requirement, your assets such as checking and savings accounts,
stocks, bonds, or property may be considered in determining your
financial ability. Federal poverty levels are updated each year by
the Department of Health and Human Services. You can check current
minimums at their website at
www.aspe.hhs.gov.
I filed the
I-130 immigrant petition for my relative but I do not meet the
minimum income requirements. Can anyone else be a financial
sponsor?
If you do not meet the
financial qualifications, the income of certain other household
members can be added in to your income level if they sign a contract
on Form I-864A, Affidavit of Support Contract Between Sponsor and
Household Member, agreeing to make their income and/or assets
available for the support of the relative applying for permanent
residence. If you still cannot meet the financial qualifications,
another person must complete a separate affidavit of support to
become a joint financial sponsor of the person’s immigration. The
joint sponsor must meet all sponsorship requirements separately,
including the minimum income requirements for his/her household, and
must be willing to assume, along with you, financial liability for
the sponsored immigrants(s). All sponsors must be U.S. citizens and
be at least 18 years of age when they file the affidavit of support.
For more information refer to
USCIS Today, July 2006 issue at
www.uscis.gov
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