Permanent Resident Green Card Status Affidavit of Support

Permanent Resident green card status affidavit of support is required.  This information will help take the confusion out of the affidavit of support.  The affidavit of support is a written contract.  The affidavit is binding between the sponsor and the United States government.  Thus, take the affidavit seriously.  In certain circumstances, you do not have to file the affidavit of support.

In applying for permanent residence the affidavit of support can be one of the most confusing forms.  This form often causes the government to send out requests for clarification and additional documents.  This additional request delays many peoples applications for permanent residence.  Additionally, if the government is not satisfied with your response, your entire application will be denied.

People seeking permanent resident status must be sponsored by United States citizens, other permanent residents, or family and friends.

The Purpose of the Affidavit of Support

This form basically requires intending immigrants to have a person willing to be their sponsor.  The sponsor agrees to financially support the intending immigrant.  Also, this allows the government to sue the sponsor, in the event the intending immigrant obtains public benefits.  Specifically, if the immigrant applying for permanent residence status ever becomes reliant on the government for public benefits and support, the government may seek to recoup any money paid to the immigrant from the sponsor.

Additionally, the United States Government may consider the sponsor, and any joint sponsors income and assets available to the permanent resident in determining whether to grant state and federal public benefit.

Finally, the intending immigrant, once they become a permanent resident, may also sue any sponsor and joint sponsor for the necessary support.

Do I need more than one sponsor?

To qualify as a sponsor, the sponsor must earn an income of at least 125% of published health and human services minimum poverty guidelines.  Health and Human Services publish the poverty guidelines.  The United States Citizenship and Immigration Services also includes these guidelines on form I-864p.

For example, as of 9/15/17, for a household size of two, the minimum amount required is $20,300.  If your sponsor does not earn at least this amount, then you will require a joint sponsor to also sponsor the intending immigrant.

Termination of obligation under the affidavit of support

It is noteworthy that the obligation of support does not terminate upon divorce.  The government can still sue you for support, and the former spouse can also sue you for support.

The sponsor’s obligation under the affidavit of support terminates when the intending immigrant:

  1. Becomes a United States citizen;
  2. Has worked, or can receive credit, for 40 quarters of coverage under the social security act;
  3. No longer has permanent resident status or has departed the United States;
  4. Adjusts status based on a new affidavit of support; or
  5. Death.

Taking the confusion out of the affidavit of support

The following is a portion of the checklist our attorneys always review when completing the Affidavit of Support.  Please always ensure the following:

  1. Insufficient income requires a joint sponsor;
  2. The affidavit can include assets;
  3. The affidavit must include tax returns;
  4. Include W2s for sponsor and joint sponsor;
  5. Submit six months Pay stubs;
  6. Assets can be included only if they can be converted into cash within one year and without considerable hardship or financial loss.  Assets include savings and checking account, real estate holdings, and all stocks and bonds; and
  7. In certain circumstances, the sponsor can use the intending immigrants own income to meet the income requirement.

Permanent Resident Green Card Status Affidavit of Support

As stated, this document most often triggers the government to send out a request for initial evidence and request for additional evidence.  These requests usually have the government stop processing your application and await a response and documents requested.  These requests for evidence can create long delays in your application and ultimately result in your application being denied.

Do not take a chance handling these matters yourself. Rely on our experts at Shupe Dhawan to handle the entire process correctly the first time. Our attorneys will help take the confusion out of this complex process.  In conclusion, please save yourself the heartache and retain one of our Shupe Dhawan professional attorneys to handle the process.

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