Understanding the Affidavit of Support
The affidavit of support is a legally binding contract between the sponsor (the U.S. citizen or permanent resident) and the U.S. government. It demonstrates the sponsor's commitment to financially support their spouse and ensures that the foreign national will have adequate means of support once they arrive in the United States.
Purpose of the Affidavit
The primary purposes of the affidavit of support include:
1. Financial Assurance: It assures the U.S. government that the foreign spouse will not rely on public benefits.
2. Legal Obligation: The sponsor agrees to support the immigrant financially, covering basic needs such as food, shelter, and healthcare.
3. Immigration Process Requirement: It is a mandatory part of the immigration application process for marriage-based green cards.
Eligibility Criteria for Sponsors
To qualify as a sponsor, individuals must meet certain criteria:
- U.S. Citizenship or Permanent Residency: The sponsor must be a U.S. citizen or a lawful permanent resident.
- Age Requirement: The sponsor must be at least 18 years old.
- Income Requirement: The sponsor must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size. For active military members, the requirement is reduced to 100%.
- No Bankruptcy: The sponsor must not be in bankruptcy proceedings, as this may affect their ability to provide financial support.
Components of the Affidavit of Support
The affidavit of support typically includes several key components:
1. Personal Information: Details about the sponsor and the foreign spouse, including names, addresses, and dates of birth.
2. Income and Employment Information: The sponsor must provide documentation of their income, employment status, and financial resources.
3. Household Size: The sponsor must disclose the size of their household to determine the appropriate income threshold.
4. Declaration Statement: A statement affirming that the sponsor will provide financial support to the immigrant spouse.
Common Forms Used
The most commonly used forms in the affidavit of support process include:
- Form I-864: This is the standard affidavit of support form used for family-based immigration petitions.
- Form I-864A: Used if a joint sponsor or household member is helping to meet the income requirements.
- Form I-864EZ: A simplified version of the affidavit of support for certain applicants who meet specific criteria.
How to Create an Affidavit of Support for Marriage
Crafting an affidavit of support requires careful attention to detail and adherence to legal requirements. Here’s a step-by-step guide on how to create one:
Step 1: Gather Required Information
Collect all necessary personal and financial information, including:
- Full names and contact information of both spouses
- Dates of birth
- Social Security numbers
- Employment details
- Financial statements (pay stubs, tax returns, bank statements)
Step 2: Determine Household Size
Calculate your household size, which includes:
- The sponsor
- The foreign spouse
- Any dependents or other individuals living in the sponsor's household
This will help you understand the income requirement based on the Federal Poverty Guidelines.
Step 3: Complete the Form I-864
Fill out Form I-864 accurately, ensuring all information is complete and correct. Pay special attention to:
- Section on household size
- Employment and income information
- Signature and date
Step 4: Attach Supporting Documents
Include copies of the following:
- Proof of U.S. citizenship or permanent residency (e.g., birth certificate, passport, green card)
- Tax returns for the last three years
- Evidence of current employment (e.g., pay stubs, employment letter)
- Bank statements or other financial documentation
Step 5: Review and Submit
Carefully review the completed form and attached documents for accuracy. Submit the affidavit of support along with the marriage-based green card application package to the appropriate U.S. Citizenship and Immigration Services (USCIS) office.
Sample Affidavit of Support for Marriage
Below is a simple sample of what an affidavit of support for marriage might look like. Note that this is a basic template and should be tailored to fit specific circumstances.
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Affidavit of Support (Form I-864)
Sponsor Information:
- Name: John Doe
- Address: 123 Main Street, Anytown, USA
- Date of Birth: January 1, 1980
- Social Security Number: XXX-XX-XXXX
- U.S. Citizen: Yes
Beneficiary Information:
- Name: Jane Smith
- Address: 456 Elm Street, Foreign City, Country
- Date of Birth: February 2, 1990
- Social Security Number: N/A (foreign national)
Household Size: 2
Income Information:
- Current Employer: ABC Corporation
- Job Title: Software Engineer
- Annual Income: $75,000
Declaration Statement:
I, John Doe, hereby affirm that I will provide financial support to my spouse, Jane Smith, and ensure that she will not become a public charge while residing in the United States.
Sponsor's Signature: ______________________
Date: ______________________
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Conclusion
The affidavit of support for marriage sample serves as a vital component of the immigration process for couples wishing to unite in the United States. By fulfilling the requirements and accurately completing the affidavit, sponsors can provide assurance to the government and facilitate the immigration process for their foreign spouse. Understanding the requirements, preparing the necessary documentation, and adhering to the guidelines can make a significant difference in the journey toward a successful marriage-based green card application. Always consider consulting with an immigration attorney to ensure that all documentation is completed correctly and to navigate any complexities in the process.
Frequently Asked Questions
What is an affidavit of support for marriage?
An affidavit of support for marriage is a legal document that a sponsor provides to demonstrate their ability to financially support their spouse or fiancé(e) while they are applying for a visa or residency.
Why is an affidavit of support necessary for marriage visas?
It is necessary to ensure that the immigrant spouse will not become a public charge and that they will have adequate financial support upon entering the U.S.
What information is typically included in a marriage affidavit of support sample?
A typical sample includes the sponsor's personal information, financial details, relationship to the applicant, and an affirmation of the sponsor's commitment to support the immigrant spouse.
Who can act as a sponsor in an affidavit of support for marriage?
A U.S. citizen or lawful permanent resident can act as a sponsor, provided they meet the income requirements to support the immigrant spouse.
Is there a specific format for an affidavit of support for marriage?
While there is no strict format, it should be clearly written, include all necessary personal and financial details, and be signed in front of a notary public.
How does one obtain a sample affidavit of support for marriage?
Sample affidavits of support can be found online through legal websites, immigration forums, or by consulting with an immigration attorney.
Can I use a generic affidavit of support template for my marriage application?
While you can use a generic template, it is advisable to tailor it to your specific situation and ensure it meets all legal requirements for immigration purposes.
What should I do if my income does not meet the required level for the affidavit of support?
If your income does not meet the requirements, you may include a joint sponsor who meets the income criteria, or provide evidence of assets that can support the immigrant.
How long is an affidavit of support valid?
An affidavit of support remains valid until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work.
Are there consequences for not following through on an affidavit of support?
Yes, if the sponsor fails to provide support, they may face legal consequences, including being required to repay any government benefits the immigrant receives.
