Filing an Affidavit of Support Form for a Relative

What is an Affidavit of Support for immigration?

If you are bringing a relative to live permanently in the United States, you must accept legal responsibility for financially supporting this family member. You accept this responsibility and become your relative’s sponsor by completing and signing a document called an affidavit of support. This legally enforceable judgment lasts until your relative becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years.)

For Whom is an Affidavit of Support for immigration required?

You must complete and submit affidavit of support form if you are bringing a relative to the United States. An affidavit of support, is required for all immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family-based preferences:

First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.

Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their unmarried children.

Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children.

Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children.

You must also complete an affidavit of support form if you are a U.S. citizen or lawful permanent resident and filed an employment-based immigration petition for a relative or if you have a significant ownership interest (5 percent or more) in a business that filed an employment-based immigrant petition for your relative.

Persons whom US Citizenship and Immigration Service has approved as self-petitioning widows or widowers or battered spouses and children are exempt from this requirement.