Affidavit of Support (Part 1)
Last week we learned about "public charge" as one of the grounds of inadmissibility. One of the ways in order to overcome this ground is the submission of an Affidavit of Support (AOS). For purposes of today's column, we shall limit our discussion of AOS to family-based immigrant visa applications as this requirement for such categories is universally mandatory.
So who should file the AOS? The petitioner in all family-based immigrant visa petitions must submit an AOS either in Form I0864 or I-864EZ. All petitioners, regardless of income, lack or absence of it must submit the AOS. The petitioner is also considered as the sponsor, but take note that a sponsor may not necessarily be the petitioner. By definition, a sponsor excludes anyone who is not a US citizen, national or lawful permanent resident (LPR), at least 18 years old and domiciled in the US or a US territory or possession. The sponsor must show that he has the means to maintain an annual income equal to at least 125 percent of the Federal Poverty Guidelines and the sponsor must agree to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal Poverty Guideline, "reimburse any federal or state agency that provides a means-tested benefit to the sponsored alien," agree to "submit to the jurisdiction of any Federal or State Court" for enforcement of the affidavit, and inform US Citizenship and Immigration Services of any change of address.
Thus, in submitting the AOS, the sponsor must present evidence of these requirements such as a copy of his birth certificate and passport (to prove his age and birth in the US), a copy of his US Certificate of Naturalization (to prove his naturalization), a copy of his green card (to prove his LPR status). To prove his annual income, the sponsor must submit copies of his W2 and IRS income tax returns preferably in the last three years. The determination of whether or not the petitioner has an annual income of at least 125 percent of the Federal Poverty Guideline is to be cross-referenced to the annual guideline conveniently listed in USCIS Form I-864P.
If the petitioner or sponsor is unemployed or whose income does not meet the 125 percent annual income threshold, there are alternative ways to satisfy the income requirement. Certain properties or assets belonging to the sponsor or the sponsored immigrant or other household members can be counted. Still, if his assets are not enough, there might be a need to find a joint sponsor who must also satisfy the other requirements of age, US citizenship, and domicile.
The AOS must be filed at the time of filing for adjustment of status in the Form I-485 application or at the time of filing an immigrant visa application at the National Visa Center. At the NVC, this requires payment of a fee presently pegged at $120. There is no payment of a filing fee when filed with the I-485.
Next week, in Part 2, we shall further discuss other areas of the AOS such as its enforceability and its legal ramifications.
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