All citizens or permanent residents who file a petition 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 financially 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 2009 U.S. household poverty level and the 125% minimum income required to sponsor an immigrant.  (Amounts are higher for Alaska and Hawaii.)

    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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