All citizens or permanent
residents who file a petitions to give permanent residency
to an alien relative must file an immigration affidavit of
support for the relative. The person filing the
affidavit agrees to become financially responsible for the
relative. This responsibility lasts until the
relative has completed 10 years of work or has become a
U.S. citizen. A divorce ordinarily will not
terminate this responsibility.
Affidavits of support are not
required for widows, widowers, or battered
spouses who are filing self-petitions.
If the citizen or permanent
resident does not have sufficient household income under
U.S. immigration law to financially sponsor the relative,
an additional affidavit of support must be filed by
another person. This person, referred to as a joint
sponsor, must have sufficient household income of his or
her own, The joint sponsor also becomes financial
responsible for the immigrant relative.
To be sufficient under
immigration law, income must be at least 125% of the U.S.
poverty level for the size of the household. The
household size includes the sponsor, all the sponsor’s
dependents, any relatives living with the sponsor, and any
other immigrants for whom the sponsor has also filed an
affidavit of support. Any household members whose
income is used to meet the income requirements also become
financially responsible for the sponsored immigrant.
The following table shows the
2007 U.S. household poverty level and the 125% minimum
income required to sponsor an immigrant. (Amounts
are higher for Alaska and Hawaii.)
| Minimum Household Income
to Sponsor an Immigrant |
| Household Size |
Poverty Level |
Required 125% Amount |
| 1 |
$10,210 |
$12,763 |
| 2 |
13,690 |
$17,113 |
| 3 |
17,170 |
$21,463 |
| 4 |
20,650 |
$25,813 |
| 5 |
24,130 |
$30,163 |
| 6 |
27,610 |
$34,513 |
| 7 |
31,090 |
$38,863 |
| 8 |
34,570 |
$43,213 |
| For each additional
person add |
$3,480 |
$4,350 |
Sponsors must provide U.S.
Federal income tax returns for the 3 most recent tax years
and proof of current employment.
If a sponsored immigrant
receives public assistance that is based on a
"means-test,” the sponsors must repay that
assistance to the government. Sponsors who fail to
repay the assistance may be sued in court. Examples
of federal public assistance that must be repaid include
Food Stamps, Medicaid, and Supplemental Security Income (SSI).
States, cities and towns may also classify certain
programs as means-tested public benefits.
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