An affidavit of support, (USCIS Form I-864), is required for all immediate relatives of U.S. citizens and lawful permanent residents, (which include parents, spouses, and unmarried children under the age of 21, including orphans) and other relatives who qualify for immigration to the United States under one of the family-based preferences. An Affidavit of Support is not required for an immigrant who is self-petitioning for immigration benefits because they are the battered spouse or child, or the widow/widower of a U.S. citizen or legal permanent resident.

What are My Responsibilities as a Sponsor?

• By bringing a relative to live permanently in the United States, you are accepting legal responsibility for financially supporting this family member and therefore you become your relative's sponsor by completing and signing an affidavit of support. This means that you have filed or are filing a USCIS Form I-130, Petition for Alien Relative or USCIS Form I-600, Petition to Classify Orphan as Immediate Relative. This legally enforceable responsibility lasts until your relative becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years).

• If the immigrant receives any "means-tested public benefits," such as, Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP), the sponsor is responsible for repaying the cost of those benefits to the agency that provided them. If the sponsor does not repay the debt, the agency has the right to sue them in court to get the money owed. There are certain types of programs which are not counted as means-tested public benefits, for example, emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts, among others.

How Do I File an Affidavit of Support?

• The Affidavit of Support is a Contract between Sponsor and Household Member. If you have a joint sponsor, the joint sponsor must also complete USCIS Form I-864. If you are using the income of other household members to qualify for the statutory income requirements, then each household member who is accepting legal responsibility for supporting your relative must complete a separate USCIS Form I-864A, in conjunction with Form I-864, Contract between Sponsor and Household Member.

• You are required to provide U.S. Federal income tax returns for the 3 most recent tax years as well as proof of current employment. If you were not required to file a tax return in any of these years you must provide an explanation.

• Once the affidavit of support is completed, all the necessary documents compiled, and had the affidavit notarized in the United States or before a U.S. consular or immigration officer, this packet of information should be provided to your relative to submit with his or her application for permanent resident status.

What are the income requirements for an Affidavit of Support?

• 2002 Poverty Guidelines (Form I-864P), provides current minimum income requirements for use in completing Form I-864. The sponsor must prove they can support the relative by providing documentation that their income is 125% above the mandated poverty line for their family, including the sponsor and all other sponsored family members. The sponsor should complete an I-864 Affidavit of Support when the relative has been scheduled for an immigrant visa interview with a consular officer overseas or when the relative is about to submit an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States.

What if my address changes?

• Sponsor's Notice of Change of Address (Form I-865), is to be used when necessary, by everyone who has sponsored an immigrant, until the obligation of the sponsor to the sponsored immigrant has been terminated. The sponsor has to file Form I-865 within 30 days of each change of residence or mailing address.