Affidavit Forms are forms used to officially swear to the veracity of a statement, through writing it in a legal document and having it notarized by a notary public.
An Affidavit of Support Form is a form in which an individual signs a document to accept financial responsibility for another person, usually a relative, who is coming to the United States for permanent residence. The person who signs the Affidavit of Support becomes the sponsor of the individual coming to live in the United States. The sponsor is usually the petitioner of an immigrant petition for a family member.
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Who Can Submit an Affidavit of Support Form?
The following individuals who wish to live in the United States are required by law to provide an Affidavit of Support Form completed by the the petitioner to obtain an immigrant visa or adjustment of status. All immediate relatives of US citizens and any other relatives who who are under the family-based preferences listed below are qualified for immigration. These preferences include:
- Unmarried adult sons and daughters of US citizens
- Spouses of permanent residents and unmarried children
- Married sons and daughters of US citizens, their spouses, and their unmarried minor children
- Brothers and sisters of adult US citizens, their spouses, and their unmarried minor children
An individual who does not fall under the categories above does not need to submit an Affidavit of Support Form if they prove that they:
- Already worked 40 qualifying quarters as defined in Title II of the Social Security Act
- Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act
- Are the child of a US citizen
Affidavit of Support Form Example
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When Not to Submit an Affidavit of Support Form
The individuals falling under the categories listed below do not need to file an Affidavit of Support:
- An individual who can be credited with 40 qualifying quarters of work in the United States
- An individual who has approved a Petition for Amerasian, Widow, or Special Immigrant, as a self-petitioning Widow or Widower
- An individual who has an approved Petition for Amerasian Form as a battered spouse or child
- Orphans adopted by US citizens abroad if a full and formal adoption takes place before the orphan acquires permanent residence and both adoptive parents have seen the child before or during adoption.
Sponsors for Affidavit of Support
The filer of an immigrant visa petition for a relative must also be the sponsor. They must be at least 18 years old and a US citizen, or a permanent resident to be eligible to be a sponsor. Here are two types of sponsors that are permitted and eligible for filing an immigrant visa petition:
- Joint Sponsor – Someone who is willing to legally accept responsibility for supporting your family member with you. A Joint Sponsor must meet all the similar requirements that you have, except the Joint Sponsor does not need to be related to the immigrant.
- Substitute Sponsor – In the event that the visa petitioner has died after the visa is approved but the US Citizenship and Immigration Services decides to push through with the petition, a Substitute Sponsor must file an Affidavit of Support in place of the deceased petitioner. In order to be a Substitute Sponsor, one must be a US citizen or national or a permanent resident, at least 18 years of age, be domiciled in the US, meet all the financial requirements of a sponsor, and must be related to the individual or a legal guardian of the beneficiary.
For those sponsors who need to prove their financial stability, Financial Affidavit Forms are also available here.
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