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- 1. What is the Affidavit of Support for U.S. Immigration? Purpose of Financial Sponsorship
- 2. What are the Documents required for Financial Sponsorship for U.S. immigration?
- 3. What are the Requirements for Financial Sponsorship for U.S. Immigration?
- 4. Responsibilities and Obligations of Financial Sponsors for U.S. Immigration
- 5. How Can You Calculate Assets for U.S. Immigration Financial Sponsorship?
- 6. What Can a Person Do If the Financial Sponsor Does Not Meet the Financial Requirements?
- 7. Who Needs to File an Affidavit of Support for U.S. Immigration?
- 8. In What Situations Do You Not Need an Affidavit of Support for U.S. Immigration?
9. Frequently Asked Questions About Affidavit of Support for U.S. Immigration+−
- 9.1. When should I submit the Affidavit of Support for U.S. immigration?
- 9.2. Will my foreign income count when I submit the Affidavit of Support for U.S. immigration?
- 9.3. What types of assets can I include in the Affidavit of Support for U.S. immigration?
- 9.4. How long am I responsible for the immigrant I am sponsoring?
- 9.5. Do I need to notify USCIS if I change my address?
- 10. How Can You Have the Most Complete Set of Financial Sponsorships for U.S. Immigration?
The Affidavit of Support for U.S. Immigration is a mandatory requirement for U.S. permanent residents and citizens when sponsoring a spouse or other family members from Vietnam to the U.S.
To avoid delays and complications in the financial documentation process, both the sponsor and the beneficiary need to be well-informed about the requirements of the Affidavit of Support.
In the following article, ImmiPath will guide you through the cases that require a financial affidavit for U.S. immigration and the necessary documents. Check it out now!
1. What is the Affidavit of Support for U.S. Immigration? Purpose of Financial Sponsorship
The Affidavit of Support for U.S. immigration is a commitment in which you agree to take financial responsibility for your spouse or other family members coming to the U.S. to receive a green card.
The purpose of the affidavit of support is that the sponsor must prove that they have the financial means to support the immigrant and ensure that the immigrant does not become a public charge.
The sponsor must demonstrate their income level, file taxes, and prove their ability to financially support the sponsored individual.
2. What are the Documents required for Financial Sponsorship for U.S. immigration?
The financial sponsorship documents for U.S. immigration differ depending on whether you are sponsoring a spouse or other family members versus a fiancé(e).
For spousal and other family-based sponsorships:
- Completed Form I-864
- Most recent tax return
- Recent 3-month pay stubs or business license (if self-employed)
- Marriage certificate (if applicable)
For fiancé(e) sponsorships:
- Completed Form I-134
- Copy of personal income tax return
- Recent 3-month pay stubs or business license (if self-employed)
- Proof of U.S. citizenship or passport
3. What are the Requirements for Financial Sponsorship for U.S. Immigration?
To ensure that a relative qualifies for a green card, the sponsor must take financial responsibility and meet the following requirements when preparing the financial sponsorship documents:
- The financial sponsor must be a U.S. citizen or permanent resident, at least 18 years old, and currently residing in the United States.
- The sponsor or co-sponsor’s financial sponsorship for U.S. immigration must have an annual income of at least 125% of the federal poverty level. The required income increases with the size of the household. The sponsor will need to submit Form I-864P, which is used to determine the minimum income requirements needed to file Form I-864 (Affidavit of Support).
- The sponsor may also use net assets such as cash, stocks, bonds, and real estate to demonstrate financial capability.
- A household member or friend can assist in meeting the income or asset requirements if the primary sponsor cannot meet them alone.
- The sponsored person can also use their own income to meet the financial requirements, provided that the income will continue from the same source after obtaining the green card.
2022 Minimum Annual Income Requirements for Most Sponsors: 125% of the Federal Poverty Guidelines:
Number of People in Your Household (Including You and Your Spouse)* | For financial sponsors in the 48 contiguous states, DC, and U.S. territories | For financial sponsors in Alaska | For financial sponsors in Hawaii |
2 | $22,887 | $28,612 | $26,325 |
3 | $28,787 | $35,987 | $33,112 |
4 | $34,687 | $43,326 | $39,900 |
5 | $40,587 | $50,737 | $46,687 |
6 | $46,487 | $58,112 | $53,475 |
7 | $52,387 | $65,487 | $60,262 |
8 | $58,287 | $72,862 | $67,050 |
Adding a person then increases the amount: | $5,900 | $7,375 | $6,787 |
Minimum annual income requirement for 2022 for military sponsors: 100% of the Federal Poverty Guidelines:
Number of People in Your Household (Including You and Your Spouse)* | For financial sponsors in the 48 contiguous states, DC, and U.S. territories | For financial sponsors in Alaska | For financial sponsors in Hawaii |
2 | $18,310 | $22,890 | $21,060 |
3 | $23,030 | $28,790 | $26,490 |
4 | $27,750 | $34,690 | $31,920 |
5 | $32,470 | $40,590 | $37,350 |
6 | $37,190 | $46,490 | $42,780 |
7 | $41,910 | $52,390 | $48,210 |
8 | $46,630 | $58,290 | $53,640 |
Adding a person then increases the amount: | $4,720 | $5,900 | $5,430 |
The tables were last updated on March 1, 2022. Source: U.S. Citizenship and Immigration Services (USCIS).
*To calculate the number of people in your household, you must include:
- Yourself (the sponsor)
- Your spouse or relative (the green card applicant)
- Any unmarried children under 21 years old (or the age of majority in their place of residence)
- Any other individuals you claim as dependents on your tax return
- Anyone who will apply for a green card and come to the U.S. with your spouse
- Any other individuals you are sponsoring on a separate affidavit of support
4. Responsibilities and Obligations of Financial Sponsors for U.S. Immigration
When a financial sponsor or co-sponsor for U.S. immigration signs Form I-864, they are committing to the U.S. government that the immigrant being sponsored will not become a public charge.
The sponsor is responsible for covering all costs related to the immigrant’s housing, living expenses, and other needs. If the sponsor fails to provide adequate support, the government may step in to provide through public assistance programs.
In addition, government agencies have the right to sue the sponsor to recover any costs that the government has paid, including health insurance programs for children in the state.
5. How Can You Calculate Assets for U.S. Immigration Financial Sponsorship?
To ensure a smooth U.S. Immigration financial sponsorship process and expedite family reunification, you need to understand how to calculate assets and income to prove to the consulate that you can support your relatives coming to the U.S.
Below, ImmiPath tells you 3 steps to calculate financial assets for U.S. immigration sponsorship, which will help you get a clear picture and apply it to your financial sponsorship application:
- Step 1: Find the minimum annual income required for your household size from the tables in the requirements section.
- Step 2: Subtract your actual combined household income from the required minimum income.
- Step 3: Multiply the difference by 3 (if the sponsor is a U.S. citizen) or by 5 (if the sponsor is a green card holder). The result is the total value of assets your family needs to demonstrate to meet the financial requirements.
Practical Example: Assume you are a family of three living in Minnesota, with the sponsor being a U.S. citizen, and the total combined household income is $20,000 per year. According to the table, 125% of the Federal Poverty Guideline for your household size is $27,450 per year.
Now, follow the calculations according to the 3 steps above:
- Steps 1 & 2: $27,450 (minimum income for a household of three) – $20,000 (actual household income) = $7,450 (shortfall)
- Step 3: $7,450 (shortfall) x 3 (for a U.S. citizen sponsor) = $22,350 (minimum asset value you need to show)
In this example, your household needs to prove assets of at least $22,350 to qualify for your relative’s green card.
6. What Can a Person Do If the Financial Sponsor Does Not Meet the Financial Requirements?
If the sponsor’s entire household does not meet the required annual income, there is an alternative:
The sponsor can enlist the help of a secondary sponsor, often referred to as a “joint sponsor.” This person does not live with the sponsor and is willing to take full financial responsibility for the immigrant. This can be a relative, friend, or other acquaintance. The joint sponsor must submit their own Affidavit of Support (Form I-864) and meet the income requirements independently.
In other words, the sponsor cannot combine their income or assets with the joint sponsor’s. For example, if the sponsor and their household are required to have a total annual income of $21,550, the joint sponsor (and their household) must have at least $21,550 in annual income on their own.
Although the joint sponsor does not have to be a family member, they must be a U.S. citizen or a lawful permanent resident residing in the U.S.
If your combined household income still does not meet the minimum annual income requirement, you are allowed to use your assets to substitute for income. You can also include the assets of other family members, provided they meet the following criteria:
- They are related to you by birth, marriage, or adoption.
- They are listed as dependents on your most recent tax return or have lived with you for the past 6 months.
7. Who Needs to File an Affidavit of Support for U.S. Immigration?
The following categories are required by law to submit an Affidavit of Support (Form I-864) when applying for a visa or adjusting status in the U.S.:
- Immediate Relatives of U.S. Citizens (spouses of U.S. citizens, unmarried children under 21 years old of U.S. citizens, parents of U.S. citizens if the U.S. citizen is over 21 years old)
- All Preference Categories (unmarried children of U.S. citizens, spouses and unmarried children of lawful permanent residents, married children of U.S. citizens, siblings of U.S. citizens if the U.S. citizen is over 21 years old).
8. In What Situations Do You Not Need an Affidavit of Support for U.S. Immigration?
Most U.S. immigration categories require a financial sponsor. However, there are some exceptions where Form I-864 is not needed:
- Those who have worked in the U.S. and accumulated 40 work credits.
- Widows or widowers who are self-petitioning after the death of their spouse.
- Spouses or children who are victims of abuse by U.S. citizens or lawful permanent residents.
- Children under 18 years old who are U.S. citizens.
9. Frequently Asked Questions About Affidavit of Support for U.S. Immigration
9.1. When should I submit the Affidavit of Support for U.S. immigration?
As a sponsor, you should complete the form before the consular officer schedules the visa interview for the immigrant. The immigrant will need to present Form I-864 during this interview. The interview process begins after you submit Form I-130.
9.2. Will my foreign income count when I submit the Affidavit of Support for U.S. immigration?
For sponsors currently living outside the U.S., foreign income will not be counted toward the minimum requirements unless they can provide evidence that they will continue their current job in the U.S. or have a new job that meets the minimum requirements.
Working remotely or transferring within large corporations (e.g., moving from a Microsoft office in London to a Microsoft office in Seattle) are examples of situations where foreign income might be considered if the sponsor will continue the job upon moving to the U.S.
9.3. What types of assets can I include in the Affidavit of Support for U.S. immigration?
Generally, the U.S. Citizenship and Immigration Services (USCIS) requires assets that “can be converted into cash within one year and without considerable hardship or financial loss to the owner.” These can include savings accounts, certificates of deposit (CDs), mutual fund investments, individual stocks and bonds, and more.
You will need to describe the assets, prove that you own them, and provide their value (for the portion you own).
You can also include the net equity of your home, which is the appraised value minus all mortgages and other debts still owed on the property:
- The appraised value of the home – All mortgages – All other unpaid debts on the home = Net equity of the home
- Finally, you may include the net equity of a car, which is its market value minus any loans you owe (but only if you have another car that you are not including as an asset):
- Market value of the second vehicle – All unpaid auto loans = Net equity of the second vehicle
9.4. How long am I responsible for the immigrant I am sponsoring?
You are financially responsible until the immigrant becomes a U.S. citizen, has worked for 10 years, permanently moves out of the U.S., or passes away–whichever event occurs first.
9.5. Do I need to notify USCIS if I change my address?
Yes. Legally, you are required to update USCIS officials on your current location until your financial obligations end. Whether you move domestically or internationally, you must file Form I-865, Sponsor’s Notice of Change of Address, within one month (30 days) of your move.
10. How Can You Have the Most Complete Set of Financial Sponsorships for U.S. Immigration?
To ensure your U.S. immigration financial sponsorship process goes as smoothly as possible, utilizing the services of a reputable immigration consulting center is a wise choice. With experienced consultants, ImmiPath, which has offices both in the U.S. and Vietnam, facilitates the efficient handling of procedures.
This approach helps reduce waiting times, offers a better chance of reuniting with your loved ones sooner, and avoids complex issues such as unclear declarations or insufficient financial backing.
ImmiPath prides itself on being a professional U.S. immigration consultancy, specializing in handling sponsorship cases for spouses, relatives, and siblings. With a team of knowledgeable consultants, we are committed to meticulously preparing evidence and accurately finding a suitable financial sponsor. We also guide you through the interview process with the consulate, ensuring that your case is processed quickly and efficiently.
If you have any questions about financial sponsorship for U.S. immigration, feel free to leave a comment under this article. Our dedicated consultants at ImmiPath are ready to support and advise on all matters with responsibility and enthusiasm, helping you and your family achieve your American immigration dream effectively and smoothly.
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