Frequently Asked Questions about Affidavits of Support

Affidavit of Support Basics

• What is an affidavit of financial support and when do I need one?
• For the affidavit of support, how much income is required to sponsor a family of four?
• If my sponsor's income is not enough for the affidavit of support, what else can I do?
• Must the person who signs my affidavit of support be a U.S. citizen or permanent resident? 
• I am applying for permanent residency based on family and I have a lot of money in the bank. Do I still need someone to file an affidavit of support for me with my adjustment of status application?
• I am applying for permanent residency based on employment and I have a lot of money in the bank. Do I still need someone to file an affidavit of support for me with my adjustment of status application?

Co-Sponsorship

• If my income is not sufficient to satisfy the requirement when I file the I-485 adjustment of status based on an approved I-140 Petition, may I have somebody else promise to support me?
• My sponsor filed an affidavit of support on my behalf one year ago.  My adjustment of status application is currently pending, but my sponsor lost his job. Is this going to affect my adjustment application?
• My wife's National Interest Waiver petition has been approved and the visa is available.  However, my wife has just lost her job.  May we adjust our status?

Government Benefits

• I applied for Medicaid while I was a student. Would this prevent me from getting a green card now?

What is an affidavit of financial support? Do I need one?

An affidavit of support is a promise by a sponsor to provide financial support to you if you become unable to support yourself. An affidavit of support is often required in an application to adjust status.  The purpose of this affidavit is to demonstrate that you will not become the burden of the U.S. government once you become a permanent resident. You should consult with an immigration attorney to determine whether an affidavit of support is needed in your particular case.

For the affidavit of support, how much income is required to sponsor a family of four?

The figure varies each year. For the year 2004, it is $18,850 annually.  You can view the poverty guidelines for other family sizes on the Department of Health and Human Services website.

If my sponsor's income is not enough for the affidavit of support, what else can I do?

If the income and assets of your sponsor are not enough to meet the poverty guidelines, it will be necessary to have a co-sponsor also file an affidavit of support.

Must the person who signs my affidavit of support be a U.S. citizen or permanent resident?

This depends on whether your adjustment is employment- or family-based.  If you are filing an employment-based adjustment, then the sponsor does not have to be a U.S. citizen or permanent resident. However, if you are filing a family-based adjustment, the sponsor must be a U.S. citizen or permanent resident.

I am applying for permanent residency based on family and I have a lot of money in the bank. Do I still need someone to file an affidavit of support for me with my adjustment of status application?

Yes. The person who filed the I-130 petition for you must sign an affidavit of support to sponsor you, no matter how much money you have.

I am applying for permanent residency based on employment and I have a lot of money in the bank. Do I still need someone to file an affidavit of support for me with my adjustment of status application?

No, you do not need an affidavit of support in employment-based green card petitions if you can show that the money you have will be sufficient.

If my income is not sufficient to satisfy the requirement when I file the I-485 adjustment of status based on an approved I-140 Petition, may I have somebody else promise to support me?

Yes, you can have someone file an affidavit of support.

My sponsor filed an affidavit of support on my behalf one year ago.  My adjustment of status application is currently pending, but my sponsor lost his job. Is this going to affect my adjustment application?

Yes, if your sponsor can not show sufficient income and assets to meet the income requirements.  You may need to add another sponsor who has sufficient income to sponsor your application by filing a supplement with the USCIS.

My wife's National Interest Waiver petition has been approved and the visa is available.  However, my wife has just lost her job.  May we adjust our status?

Yes, but you will need a sponsor who is willing to sign the affidavit of support for you and your wife. However, if you are working, you may simply get an employment letter yourself and sign the affidavit of support.

I applied for Medicaid while I was a student. Would this prevent me from getting a green card now?

An application for medical benefits, such as Medicaid, would probably not prevent you from getting a green card.  However, the USCIS might consider this as a factor when considering whether you will become a public charge.