Lana Oconnell
An Affidavit of Support is a signed document that outlines a financial sponsor's responsibility for an individual or family member who is seeking a visa or green card to enter or live in the United States. The form, known as Form I-864, must be completed by the financial sponsor, who is usually a petitioner or relative of the applicant. The sponsor must meet minimum income requirements, and in some cases, a joint sponsor may be required to meet these financial obligations. While retirees can be financial sponsors, they must still meet the minimum income requirements and submit the necessary documentation. This article will explore the process and requirements for a retiree acting as a financial sponsor for an international student seeking a visa or green card in the United States.
| Characteristics | Values |
|---|---|
| Who fills out the Affidavit of Support? | The petitioner or sponsor. |
| What is the Affidavit of Support? | A legally enforceable contract where the sponsor agrees to financially support the applicant/immigrant. |
| Who can be a sponsor? | A US citizen or permanent resident domiciled in the US. |
| Can a retiree be a sponsor? | Yes, but they must meet the minimum income level or Federal Poverty Guidelines. |
| What forms are required? | Form I-864, I-864EZ, I-864A, I-864W, I-485, I-130, I-140, I-129F, I-864P. |
| What documents are required? | Financial documents, tax returns, IRS tax transcript, W-2/1099 forms, proof of income, proof of legal status in the US. |
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What You'll Learn
Who can be a sponsor?
An Affidavit of Support is a legally enforceable contract that outlines an individual's financial responsibility for an applicant seeking to live in the United States. The person who signs this affidavit is known as the "sponsor".
The sponsor must meet a minimum income level, called the Federal Poverty Guidelines, to financially support a visa applicant. This minimum income requirement is determined by the number of family members in the sponsor's household. If the sponsor's income is insufficient, they can either find a "joint sponsor" or use the income of a household member to meet the Poverty Guidelines.
The sponsor's financial responsibility typically lasts until the applicant becomes a U.S. citizen or completes 40 quarters of work (usually 10 years). The sponsor is usually a family member or guardian of the applicant, but it is not always necessary for them to be related.
In the context of international students, the affidavit is a formal document that verifies a student's financial backing from a sponsor. It is typically required for obtaining student visas, particularly in the United States. The sponsor must demonstrate their financial capacity and ability to cover the student's tuition, living expenses, and other associated costs.
Therefore, a retiree can be a sponsor for an international student as long as they meet the minimum income requirements and are able to provide financial support for the duration of the student's studies.
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What are the income requirements?
The Affidavit of Support, also known as Form I-864, is a document that an individual must sign to accept financial responsibility for an applicant who is coming to live in the United States. The person who signs the Affidavit of Support is called the "sponsor". The sponsor must meet a minimum income level, known as the Federal Poverty Guidelines, to financially support a visa applicant. This minimum income requirement must be met to sponsor an international student.
The sponsor must complete Form I-864. However, if their income is insufficient, a joint sponsor may agree to also complete an I-864 on the applicant's behalf. The sponsor's financial responsibility typically lasts until the applicant becomes a US citizen or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act.
The Poverty Guidelines in effect on the filing date of an Affidavit of Support determine whether the income requirement is met. These guidelines can be found on the USCIS website. If the petitioner's income is insufficient, they have two options: finding a joint sponsor or using the income of a household member to meet the Poverty Guidelines. These additional financial sponsors must also submit an Affidavit of Support, proof of their income, and proof of their legal status in the US.
For F1 visa applicants, an interview will be conducted to verify information, assess genuine interest in studying in the US, and the feasibility of financial support during their stay. The student will be asked about how they plan to fund their tuition and living expenses. They should be well-versed in the information in the affidavit of support letter and the origin of the finances.
Additionally, the sponsor will need to provide proof of their relationship to the applicant, such as a birth certificate or marriage certificate. The sponsor is typically a single individual from the family and cannot be a collection of family members. However, in some cases, two people, such as both income-earning parents, can act as sponsors. It is important to carefully review the requirements of the specific student application, as some immigration authorities may require the sponsor to be a parent or spouse, and an aunt or uncle may not qualify.
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What if the sponsor is unemployed or retired?
Affidavit of Support, also known as Form I-864, is a document that a sponsor must sign to accept financial responsibility for an applicant who is coming to live in the United States. The sponsor's financial responsibility usually lasts until the applicant becomes a US citizen or is credited with 40 quarters of work, which is usually 10 years.
If the sponsor is unemployed or retired, they may still be able to act as a sponsor, but they must meet the minimum income level, called the Federal Poverty Guidelines. To determine whether the sponsor meets the income requirement, the Poverty Guidelines in effect on the filing date of the Affidavit of Support are used. These guidelines can be found on the USCIS website.
If the sponsor's income is insufficient, they have two options:
- Find a joint sponsor: The sponsor can find another individual, known as a joint sponsor, who agrees to financially support the applicant as well. The joint sponsor must also submit an Affidavit of Support (Form I-864), proof of their income, and proof of their legal status in the United States.
- Combine income with a household member: The sponsor can combine their income with that of a household member to meet the Poverty Guidelines. The household member will also be legally responsible for financially supporting the applicant and will be jointly liable with the sponsor.
It is important to note that even if a joint sponsor is involved or a household member's income is combined, the original sponsor must still submit their own Affidavit of Support. Additionally, the sponsor's obligation to provide financial support ends if the sponsored individual becomes a US citizen, departs the United States, or passes away.
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What if the sponsor dies?
If the sponsor of an international student dies, the student will need to find a substitute sponsor to continue with their green card application. The substitute sponsor must be at least 18 years old, a U.S. citizen or lawful permanent resident, and related to the student as a spouse, parent, child, sibling, grandparent, grandchild, or legal guardian. The substitute sponsor must meet the same income requirements as the original sponsor and provide financial documentation.
To reinstate the application, the student must write a letter to the United States Citizenship and Immigration Services (USCIS) requesting reinstatement and explaining the situation. The letter should include basic information such as the student's name, the deceased sponsor's name, and Alien Registration Numbers (if any). Along with the letter, the student should submit Form I-864, filled out and signed by the substitute sponsor, financial documentation from the substitute sponsor, and evidence of the relationship between the student and the substitute sponsor.
If the original sponsor had already filed Form I-130, the student must notify USCIS within two years of the sponsor's death and include the above documents, except for the petition form and filing fee. The student may also need to include a copy of the approval for the original I-130, the death certificate of the original sponsor, and evidence that USCIS should favorably exercise discretion in the case, such as the impact on family living in the United States or the advanced age or health concerns of the student.
It is important to note that if the student was living overseas at the time of the sponsor's death, the petition will be revoked, and the student will not be able to proceed directly with a green card application. However, if the student was living in the United States at the time of the sponsor's death and continues to reside there, they may still be able to obtain a green card with the help of a substitute sponsor.
In summary, the death of a sponsor can complicate the process of obtaining a green card for an international student, but it does not necessarily end their chances. The student will need to find a substitute sponsor who meets the eligibility requirements and work with them to submit the necessary documentation to USCIS for reinstatement of their application.
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What documents are required?
The specific documents required for an affidavit for international students depend on the country and the institution in question. Here is a list of the general and country-specific requirements:
General Requirements
Firstly, the affidavit of support is a crucial document for international students, as it demonstrates that they have financial support from their family or another sponsor during their studies. This document is typically written on letterhead or submitted via a form provided by the institution.
Along with the affidavit, proof of the relationship between the sponsor and the applicant is usually required. This could be in the form of a birth certificate or a marriage certificate. It is important to note that the sponsor is typically an individual and not a collection of family members.
United States
For students applying to study in the United States, the Affidavit of Support is often referred to as Form I-864. This form is signed by the applicant's financial sponsor, who agrees to accept financial responsibility for the applicant. In some cases, a joint sponsor may be required if the primary sponsor's income is insufficient.
The sponsor must meet the Federal Poverty Guidelines and provide evidence of their finances, such as bank statements. They may also need to submit a government-issued ID to verify their details.
Canada
While Canada does not specifically require an "Affidavit of Support," proof of financial support is necessary. This can include a letter from the person or institution providing financial support.
Australia
Australia requires evidence of financial capacity, which may include a formal letter of support from a sponsor.
New Zealand
For New Zealand, a "Financial Undertaking for a Student" form is typically required.
Germany
In Germany, a "Verpflichtungserklärung" or formal obligation letter, serves as proof of financial resources.
France
French institutions require proof of financial guarantees, which may include an attestation of financial support from a sponsor.
Spain
Similarly, Spain asks for proof of financial means, which can include a notarized letter from parents or sponsors.
It is important to carefully review the requirements of the specific country and institution to which the student is applying, as there may be additional or unique documentation needs.
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Frequently asked questions
The Affidavit of Support is a signed document to accept financial responsibility for a family member or spouse who is seeking a green card. It is also known as U.S. Immigration Form I-864.
The sponsor must be domiciled in the US or must show an intent to re-establish domicile. The sponsor must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially support a visa applicant.
Yes, a retiree can be a sponsor. The sponsor's income can also include assets such as cash, stocks, bonds, and property.
The Affidavit of Support form must be completed and signed, and evidence of finances and other supporting documents must be gathered. The form must be submitted within one year of the sponsor's signature.
