When a foreign national seeks to apply for lawful permanent resident status in the United States, one of the requirements is a showing of sufficient financial resources from a qualified sponsor. Proper financial support is shown through the submission of an Affidavit of Support, which identifies the sponsor's income and states the sponsor's willingness to provide financial assistance to the immigrant if necessary, so that the immigrant does not become a "public charge" dependent on the government for financial support. Today's blog will answer some common questions regarding the Affidavit of Support.
WHO NEEDS AN AFFIDAVIT OF SUPPORT?
Immediate relatives of U.S. citizens (which includes spouses, parents of U.S. citizens who are over the age of 21 and unmarried children under the age of 21 of U.S. citizens); and all family-based immigrants who fall within the preference categories (which include unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughers of lawful permanent residents, married sons and daughers of lawful permanent residents and siblings of U.S. citizens over the age of 21).
WHO CAN BE A SPONSOR?
Any U.S. citizen or U.S. national, or any lawful permanent resident may qualify as a sponsor, as long as the proposed sponsor is domiciled within the United States. Exceptions apply to the requirement of being domiciled in the United States, such as a sponsor who is employed by the United States government.
HOW MUCH INCOME DOES THE SPONSOR NEED TO SHOW?
Annual individual income in excess of 125 percent of the poverty guidelines, given the household size, is generally sufficient for the Affidavit of Support. If the sponsor is an active duty military member, he or she must only show income in excess of 100 percent of the poverty guidelines. If the sponsor does not have income, but does have sufficient assets (such as a retired sponsor), then sufficient assets may be used in lieu of the income requirement.
If you're considering fiing an immigrant visa petition, it is important to have qualified, experienced legal representation along the way. The attorneys of Christiansen Law Firm have extensive experience preparing and filing visa petitions, and Affidavits of Support. The attorneys of Christiansen Law Firm can assist you with the Affidavit of Support, ensuring that the Affidavit of Support is properly completed and shows sufficient income or assets. Contact Christiansen Law Firm at its offices in Houston or San Antonio for additional information.