Who Can Give Affidavit of Support?

When embarking on the journey of securing a visa or immigration status, one of the crucial components is often the Affidavit of Support. This document plays a pivotal role in ensuring that a visa applicant will not become a public charge and is financially supported by someone in the United States. But who exactly can provide such an affidavit? Understanding this can save time and prevent complications in the application process.

To start, it is essential to recognize that the Affidavit of Support, specifically Form I-864, is a legal commitment by a U.S. citizen or lawful permanent resident to financially support an immigrant. The sponsor agrees to provide for the immigrant’s basic needs and ensure they do not rely on public benefits.

The Primary Sponsor

The most straightforward answer to “who can give an affidavit of support?” is the primary sponsor, who must be a U.S. citizen or a lawful permanent resident of the United States. This individual takes on the legal obligation to support the immigrant and demonstrate the ability to meet the required income levels.

Who Else Can Serve as a Sponsor?

1. Joint Sponsor: If the primary sponsor’s income is insufficient or they do not meet the requirements, a joint sponsor can be involved. A joint sponsor must also be a U.S. citizen or a lawful permanent resident and must independently meet the income requirements. This person will be equally responsible for the financial support of the immigrant, alongside the primary sponsor.

2. Household Member: In some cases, a household member who lives with the primary sponsor can use their income to meet the required threshold. This individual must complete Form I-864A, which links their income to the primary sponsor’s affidavit.

3. Substitute Sponsor: For immigrants whose original sponsor cannot fulfill their obligations (e.g., if the sponsor dies or becomes unable to continue supporting the immigrant), a substitute sponsor can step in. The substitute sponsor must be a U.S. citizen or lawful permanent resident, and they must meet all the income and residency requirements.

Income Requirements and Documentation

It’s important to understand that regardless of who is providing the affidavit, the sponsor must demonstrate an income that is at least 125% of the Federal Poverty Guidelines (or 100% if the sponsor is active duty military). This requirement ensures that the sponsor has the financial stability to support the immigrant. Documentation typically includes tax returns, employment verification, and proof of income.

Exceptions and Special Cases

There are some exceptions and nuances to consider:

• Military Sponsors: Active duty military personnel can use 100% of the Federal Poverty Guidelines as their income threshold.
• Household Size: The sponsor’s household size, including dependents and the immigrant(s) being sponsored, can affect the income requirements.

Conclusion

In summary, the Affidavit of Support is a vital component of the immigration process, and understanding who can act as a sponsor is key to a successful application. The primary sponsor must be a U.S. citizen or lawful permanent resident, but joint sponsors, household members, and substitute sponsors can also play a role in meeting the financial requirements. By ensuring that all involved parties understand their responsibilities and meet the necessary criteria, applicants can navigate the complexities of immigration with greater confidence and clarity.