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An affidavit of support is a legally enforceable contract, and the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).
The Affidavit of Support confirms that the Sponsor earns enough income to support their relative in the US. The income requirement is usually between $20,000 — $30,000 per year. However, if the Sponsor doesn't earn enough, there are other ways to show that they can support their relative.
Typically, the assets must be worth at least three times the amount required from the poverty guideline. That is, if you are required to earn $30,000 per year, you may be able to utilize $90,000 in assets to meet that criteria.
Sponsor for Affidavit of Support If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States.
If you are a U.S. citizen or a lawful permanent resident and are sponsoring a family member to immigrate to the United States, you will likely need to file one or more of the I-864 Affidavit of Support forms with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS).
This affidavit is a contract between a sponsor and the U.S. Government. Completing and signing Form I-864 makes you the sponsor. You must show on this affidavit that you have enough income and/or assets to maintain the intending immigrants and the rest of your household at 125 percent of the Federal Poverty Guidelines.
USCIS requires Form I-864, Affidavit of Support, for most family-based applications and some employment-based applications. It's a contract between a sponsor and the U.S. government, in which the sponsor promises to support the intending immigrant if he or she is unable to do so on their own.
You should not have to file the Form I-864 when you are filing the Form I-130 petition since the beneficiary is outside the US. However, when CIS approves the I-130, your next step is to file immigrant visa applications with the NVC.
A: Yes. The petitioner is still a sponsor and must file an affidavit of support, even if he or she cannot meet the income requirements. The petitioner remains fully liable, along with the joint sponsor, for any benefits the sponsored immigrant(s) may use.
The original sponsor still needs to fill Form I-864. In other words, the joint sponsor is someone who is willing to accept legal responsibility for supporting your family member(s) with you. A joint sponsor must be a person and may not be a corporation, organization, or other entity.
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