Immigration: Affidavits of Support

Certain immigration cases require Affidavits of Support to be filed by a petitioning relative, or by a primary beneficiary on behalf of his derivative family members.  The Affidavit of Support is required because the US government will not provide Social Security benefits or Medicaid or other means-tested benefits until an immigrant has worked legally for 10 years, or becomes a US citizen. 

For instance:  Juan becomes a US citizen and travels to Ecuador to marry Maria and files to bring Maria and her 2 young children to the US.  As part of the process, Juan must be able to show that he can afford to support Maria and her 2 children.  If Juan has any additional minor children of his own, then he must be able to show that he can afford to support everyone.  If Maria gets off the airplane at JFK from Ecuador and is hit by a car on the way home from the airport and can never work again, Juan must show US Citizenship and Immigration Services (USCIS) that he can afford to financially support his family, since they are not eligible for US government benefits and Maria may never be able to work. 

The US Department of Health and Human Services publishes Poverty Guidelines each year.  USCIS requires Juan to meet 125% of the Poverty Guidelines.  If Juan is to support himself, Maria and her 2 minor children, the 2014 Poverty Guidelines lists the required income which Juan must earn to be $29,813/year for a family of four.  If Juan also has 2 minor children of his own, then he must meet 125% of Poverty  Guidelines for a family of six; or $39,963.00/year.  If Juan’s income does not meet 125% of the Federal Poverty Guidelines, then he will need a co-sponsor or joint sponsor to sign an additional Affidavit of Support.  USCIS will look at the income of the joint sponsor, require that the joint sponsor be legal, will consider how many people the joint sponsor must be able to support in his/her own family, and whether the joint sponsor has signed other Affidavits of Support in the past. USCIS will also permit multiple joint sponsors.

The Affidavit of Support is a contract between a sponsor and/or joint sponsor and the US Government. By signing the Affidavit of Support, a sponsor, or joint sponsor is agreeing to use their resources to support the intending immigrant(s) named in the form.  This may also mean that if Maria should apply for any Federal benefits in the future, she could be ineligible to receive them because the US Government will consider the joint sponsor’s income and assets to be available to her and her family.  If she does receive Federal benefits in error, the US Government can look to the joint sponsor to repay any benefits paid out to Maria in error.  The agency can also sue the joint sponsor if the costs of the benefits are not repaid. 

If Juan and Maria divorce in the future, this does not cancel the joint sponsor’s obligation under the Affidavit of Support.  If Maria is hospitalized, the hospital may also be able to sue the joint sponsor for payments under the Affidavit of Support.

The joint sponsor’s obligation to support the immigrant(s) continues until the sponsored immigrant(s) become US citizens or can be credited with 40 qualifying quarters of work in the US (10 years of lawful employment), if the sponsored immigrant dies or ceases to be a lawful resident and departs the US. 

It is very important for a joint sponsor to consider all of the legal and financial liabilities involved before agreeing to sign an Affidavit of Support.