What is an Affidavit of Support?

An Affidavit of Support, also known as Form I-864, is a legal document typically filed by a sponsor, often a U.S. citizen or permanent resident, on behalf of an immigrant applying for a green card or certain visas. The purpose of this document is to demonstrate that the immigrant will have adequate financial support and is unlikely to become a public charge (dependent on government assistance) upon entering the U.S. By signing an Affidavit of Support, the sponsor agrees to financially support the immigrant and potentially reimburse the government for certain public benefits the immigrant might receive.

Key Takeaways

• An Affidavit of Support is a legal document typically filed by a sponsor on behalf of an immigrant applying for a green card or certain visas.
• The document demonstrates that the immigrant will have adequate financial support and is unlikely to become a public charge.
• According to Boundless Immigration, the current processing time for Form I-864 is around 9.3 months.

What Are the Responsibilities of a Financial Sponsor?

When someone signs an Affidavit of Support, they are making a commitment to the U.S. government. This commitment has two main components: financial support and reimbursement. Financial support refers to the sponsor’s agreement to provide financial support to the immigrant to ensure they do not become a public charge (dependent on government assistance). The sponsor must maintain the immigrant’s income at or above 125% of the Federal Poverty Guidelines for their household size.

If the immigrant receives means-tested public benefits (for example: Medicaid, SNAP), the sponsor may be required to repay the government for these benefits. This obligation exists because the sponsor has pledged to support the immigrant financially, essentially making government assistance unnecessary. 

If the sponsor fails to comply with these requirements, the government may take legal action to enforce the obligations, which could result in wage garnishment, liens on property, or other financial penalties. The sponsor could also be sued by the government agency that provided the benefits or the immigrant himself or herself. 

When Does a Financial Sponsor’s Responsibility End?

A sponsor's responsibility under an Affidavit of Support continues for a significant period of time and only terminates under specific circumstances, such as:

• The immigrant becomes a U.S. citizen (this is the most common way the obligation ends).
• The immigrant leaves the United States permanently.
• The immigrant dies.
• The sponsored immigrant is deported.

Bottom Line

Failure to fulfill sponsor obligations can result in serious legal and financial consequences. This is why it is critical to understand the full extent of your financial obligations before signing the Affidavit of Support. If you need assistance regarding an Affidavit of Support, book a consultation with an Attorney At Law immigration lawyer today. We can assist in determining whether you meet the eligibility requirements, explain your obligations in detail, and help you navigate the complexities of the immigration process.