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Affidavit of Support Form

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Affidavit of Support Form

An Affidavit of Support (Form I-864) is a legal document signed by an individual who accepts financial responsibility for the applicant immigrating to the United States. Download our free template to complete your form seamlessly. 

What is an Affidavit of Support

An affidavit of support is a legally enforceable statement that declares the sponsor’s responsibility to support the intending immigrant in the U.S. If the sponsor, also known as the petitioner, disposes of a sufficient income to provide for an immigrant financially, a sponsor must complete Form I-864. If the income of a potential sponsor is lower than required, a joint sponsor may also fill out an I-864 affidavit of support on the applicant’s behalf.

The sponsor is responsible for their family members or other individuals until those immigrants become U.S. citizens, get the credit of 40 quarters of work (typically 10 years), or stop being permanent residents and depart the U.S.

The legal regulations regarding the affidavit of support are stated in the Immigration and Nationality Act, Sections 212(a)(4) and 213A. The respective provisions are codified in Title 8 of the Code of Federal Regulations at 8 CFR 213a.

Affidavit of Support Fees

If the sponsored immigrant submits an affidavit with USCIS or abroad with the Department of State, no fee is charged. However, if an applicant files the document in the United States, they have to pay the affidavit of support fees to the Department of State.

In case an immigrant files an affidavit of support in the U.S., a fee constitutes $120 per case for reviewing the form. The government charges only one fee, regardless of the number of financial sponsors in every case. 

The fee must be paid online, and an applicant will need the National Visa Center case number and Invoice Identification Number to make the payment.

Affidavit of Support Income Requirements: 2022-2023

A potential sponsor must match specific rules to be able to bear responsibility for an immigrant. Each state determines its individual levels of the necessary annual income. The minimum affidavit of support income requirements 2022 are about $23,000 per year.

The precise limits for affidavit of support income requirements in each state are calculated yearly based on the Federal poverty level. The income should be at least 125% of the poverty level and 100% of the poverty level for military personnel.

Affidavit of Support Documents & Financial Evidence

You should be aware of all the legal and financial documents that are necessary to include in your affidavit form. If you provide documents in a foreign language, you should accompany your application with an English translation together with a translator’s certification confirming the completeness and accuracy of the translation. Furthermore, the translator must also be certified.

According to the requirements, you should submit copies of the following documents with your I-864 affidavit of support:

Affidavit of Support Documents for a U.S. Citizen

  • Birth certificate
  • Certificate of naturalization
  • Certificate of citizenship
  • A copy of a U.S. passport

Affidavit of Support Documents for a Lawful Permanent Resident

  • The full copy of your Permanent Resident Card (Form I-551, “green card”).
  • Tax records. It is necessary to submit documentation of your recent Federal income tax returns. You have two options for providing the respective documents.
    • Photocopies of returns. Photocopies are generally allowed. You can make a copy of the signed paper and all attachments that you provided to the IRS.
    • Tax transcript. Another option is to ask for a tax transcript directly from the IRS. This document displays your tax filing history, and you can order it from the IRS by filing Form 4506-T.

Other Documents for Specific Groups of Sponsors 

  • Self-employed individuals. Include a copy of your Schedule C, D, E, or F from your most recent federal income tax return, establishing your business income. 
  • A sponsor of more than one intending immigrant listed on the same affidavit of support. Provide photocopies of the original affidavit of support for additional immigrants. Including copies of supporting documentation for other family members is not necessary. 
  • A petitioning sponsor being on active duty in the U.S. army or U.S. Coast Guard and taking responsibility for your spouse or child using 100% of the Federal Poverty Guidelines. Attach the confirmation of your active military status.
  • Individuals using the income of people in their household to qualify. Provide Form I-864A for each co-sponsor. However, if the income of an intending immigrant will be used, this person must complete Form I-864A only when immigrating together with their spouse or children. 
  • A joint sponsor, substitute sponsor, or the relative of an employment-based immigrant. Include a confirmation of your U.S. citizenship status, permanent resident status, or U.S. national status.
  • A legal guardian who signs Form I-864 for a sponsor. Present the following documentation:
    • The confirmation of an appointment as legal guardian of the estate;
    • A copy of an order from the appointing body allowing the legal guardian to use the sponsor’s assets for the support of the intended immigrant.
  • Include confirmation of residency in your household for each household member and their relationship to you if they are not listed as immigrants or dependents on your federal income tax return. 
  • If the intending immigrant’s income is being used, provide the confirmation that they will continue to be employed in the current position.
  • Each household member must provide a copy of their federal income tax return. This documentation includes the forms W-2s and 1099s.
  • Attach the documentation of your assets or assets of the other household member if you use them to qualify. The documentation should establish the following information of assets:
    • Location
    • Ownership
    • The date of acquisition
    • Value 
    • Proof of any liabilities against these assets 

How to Notarize an Affidavit of Support Online

Remote online notarization services offer considerable advantages over conventional, in-person notarization. With PandaDoc, the process is reliable and secure and takes only several minutes. Get your affidavit of support form notarized in 4 steps. 

Step 1: Signup/ Register

Provide your email address to sign up to PandaDoc and pick the blank affidavit of support form. You can use it straight away and fill in your data online.

Step 2: Complete and Sign 

Provide the required data field by field as stated in the instructions below. Your affidavit of support form should not contain any errors or slang. Proofread your document and revise it if needed. Make sure your statements are free from emotions and represent pure facts. When the form is completed, put your e-signature in and proceed to notarization.

Step 3: Notarize in real-time

PandaDoc offers a robust identity verification procedure for non-compromised confidence in the identities of the parties. Head to the Notary tab and press ‘Notarize Now’ in the upper menu. You will be invited to a video conferencing session to confirm your identity in real-time using one of your ID documents per your choice. 

Step 4: Download / Share the Form

Once your and the notary added e-signatures to the affidavit of support form, it becomes a legal document. You can download a pdf, share online or print it out. 

How to Write an Affidavit of Support

Each particular location may have specific requirements regarding the affidavit of support format. Therefore, you should check the local rules and laws before you start working on your paper. 

The affidavit must be witnessed, signed, and notarized to be considered valid. Therefore, you can craft the document yourself and then sign it before the notary to make it legally binding. Do not forget to include all the required attachments. Follow several simple steps to formulate your affidavit of support properly.

Compose a heading 

The most common heading example is “Affidavit of <name>”. This title is appropriate if the affiant doesn’t have an open case. If they have, the respective heading may include the court’s name, the case number, and the names of the parties involved. An affiant should also mention the country where the affidavit will be signed.

Include the statement of truth

The affidavit form supposes that the affiant only outlines the true and correct information. Therefore, the first section must contain an affiant’s oath that the stated facts are true to the best of their knowledge. 

Present the facts

In the following section, an affiant must describe the facts. The fundamental facts should include your relationship to the intended immigrant, your willingness to support them financially, and the proof of your capability to provide this support. Ideally, each fact should be introduced in a separate paragraph and accompanied by adequate detail. 

Arrange the notary section

The document must be finished with your signature, the notary’s name and signature, and the actual date. 

By signing the affidavit, you swear that all the information in the document is true.

FAQ

How to fill out an affidavit of support?

An affidavit of support is a document that proves the sponsor’s financial capability to support an intended immigrant to the United States. A sponsor provides the form on behalf of family-based and employment based-immigrants.

To fill out the affidavit of support, make sure to include all the essential information and attach the required documents. Make a sworn statement of truth and notarize your form to make it valid. Use the templates offered on our website and follow our recommendations to fill out the form efficiently.

What is an affidavit of support template?

An affidavit of support template is designed to help you complete and file your affidavit form online. The convenient samples by PandaDoc will help you to fill out the document correctly. You can download the necessary type of affidavit form for free, fill it out, notarize, and submit it online. 

Where to get an affidavit of support form?

You can obtain the free affidavit of support form templates online at PandaDoc. We offer a range of common sample forms to help you expedite the completion process. Our templates are available for filling out, downloading, sharing, notarizing, and filing online.

Should the affidavit of support be notarized?

An affidavit of support is a sworn statement, and you need to notarize it to make it legally binding. Notarization means signing or executing the form before a notary public. Thankfully, today, the notarization process can be conducted online. PandaDoc offers the services of a notary public, state-approved for online notarization.

How much annual income is required for an affidavit of support?

The required level of annual income is determined by each state individually. The sum depends on the sponsor’s household size and is calculated according to the Federal poverty level. It should make no less than 125% of the poverty level and 100% of the poverty level for military personnel. The minimum required income is about $23,000 per year. 

How many affidavits of support can I file?

There are no numerical limits for the affidavits of support. However, U.S. citizens and legal residents that qualify for sponsorship can support a restricted range of close relatives. Thus, they can sponsor spouses and unmarried children.

How long is an affidavit of support valid?

An affidavit of support is a legally enforceable document. According to this form, the sponsor takes financial responsibility for immigrants until they become U.S. citizens, have 40 qualifying quarters of work (as a rule, ten years) under the Social Security Act, or stop being permanent residents and depart the U.S.