How can signing an affidavit of support affect me?

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How can signing an affidavit of support affect me?

Asked on November 29, 2012 under Immigration Law, New York

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

 

In order for an alien to immigrant through a family-based petition and overcome the public charge ground of inadmissibility, the Petitioner/Sponsor on the Form I-130, Petition for Alien Relative, must execute and submit an Affidavit of Support on Form I-864. The Sponsor must agree in this affidavit to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable. The Affidavit remains in effect until the sponsored alien either naturalizes or earns/is credited with 40 qualifying quarters, as defined under social security law. The regulations also allow for termination of the affidavit in the event the sponsor or sponsored alien dies or the sponsored alien abandons lawful permanent resident (LPR) status and leaves the United States. The affidavit does not terminate upon the dissolution of the marriage between the sponsor and the sponsored alien.

 

The regulations clarify that execution of the I-864 creates a contract between the sponsor and the federal government "for the benefit of the sponsored alien," who in turn "may seek enforcement of the sponsor's obligations through an appropriate civil action.”

 

The sponsor must provide the sponsored immigrant(s) whatever support is necessary to maintain them at an income that is at least 125 percent of the Federal poverty income guidelines. The Sponsor is confirming that the Beneficiary/Immigrant will not become a “Public Charge.”


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