All you wanted to know about Affidavit of Support

An affidavit of support is a written undertaking that a petitioner submits with the USCIS stating that he clearly intends to sponsor the immigrant.

The United States Department of Homeland Security requires USCIS to seek and review an Affidavit of Support from a petitioner who intends to petition for an immigrant relative for entry into United States of America. This means that every petitioner who petitions for an immigrant relative must give it in writing that he will sponsor the immigrant during his stay in the country. Further, the affidavit also acts as a security that the immigrant, while he is there in the country, will not engage in any unlawful activity. He or she will not commit any such act that will lead to public charge against him or her.

Petitioners have to fill form I-864 in case of relatives and form I- 134 in case of non-relatives, generally fiancées. Relatives could be by blood relation or marriage and other social commitments. The US citizen who files an affidavit of support must have an income level that is 125 percent or higher of the US poverty level. USCIS will consider the poverty level that is relevant for entire household size. The USCIS requirement that the household income of the sponsor should be more than 125 percent of the relative poverty level is in place so as to make sure that the sponsor is in a position to financially support the immigrant relative during his stay in the country, if need be.

As stated earlier, a sponsor may need to file an Affidavit of Support by filling Form I-364, which is not legally binding. This is to say that the sponsor filling Form I-364 is not under legal obligation to abide by the undertaking in the affidavit. Form I-364 is applicable in cases where foreign students need to get admission into US universities. They need to present an affidavit of support to prove good their reputation and standing. They are to stay in the country only temporarily and later may or may not seek citizenship status through naturalization.

Without a valid affidavit of support, the process of immigration cannot begin. Only in special cases, USCIS allows a waiver on the need for affidavit. A widow or wider can file a self petition and so can battered child or spouse of a US national. They need to first obtain the waiver and then fill form I-864W.