An AOS is required for all immediate relatives of U.S. citizens and lawful permanent residents (which include parents, spouses, and unmarried children under the age of 21, including orphans) and other relatives who qualify for immigration to the United States under one of the family-based preferences. An AOS is not required for an immigrant who is self-petitioning for immigration benefits because they are the battered spouse or child, or the widow/widower of a U.S. citizen or legal permanent resident.

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RESPONSIBILITIES OF THE SPONSOR

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By bringing a relative to live permanently in the United States, you are accepting legal responsibility for financially supporting this family member and therefore you become your relative’s sponsor by completing and signing an affidavit of support. This means that you have filed or are filing a USCIS Form I-130, Petition for Alien Relative or USCIS Form I-600, Petition to Classify Orphan as Immediate Relative. This legally enforceable responsibility lasts until your relative becomes a U.S. citizen or can be credited with 40 quarters of work (usually 10 years).

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If the immigrant receives any “means-tested public benefits,” such as, Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and the State Child Health Insurance Program (CHIP), the sponsor is responsible for repaying the cost of those benefits to the agency that provided them. If the sponsor does not repay the debt, the agency has the right to sue them in court to get the money owed. There are certain types of programs which are not counted as means-tested public benefits, for example, emergency Medicaid; short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts, among others.

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PROCESS TO FILE FORM I-864A

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The I-864A Affidavit of Support is a Contract between Sponsor and Household Member. If you have a joint sponsor, the joint sponsor must also complete USCIS Form I-864, not Form I-864A.  If you are using the income of other household members to qualify for the statutory income requirements, then each household member who is accepting legal responsibility for supporting your relative must complete a separate USCIS Form I-864A, in conjunction with Form I-864.

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• You are required to provide U.S. Federal income tax returns for the most recent tax year as well as proof of current employment and the most recent pay stubs. If  you were not required to file a tax return in any of these years you must provide an explanation.

• If the petitioner’s income is not sufficient, you need to find a co-sponsor who is a U.S. Citizen or Lawful resident. In addition to the same financial documents, the co-sponsor has to provide the proof of their legal status in the U.S. and their photo identification. You can have as many joint sponsors as you want. It is not required, though, as each sponsor needs to qualify under his or her own income.

• Once the affidavit of support is completed, all the necessary documents are compiled, and the affidavit is notarized in the United States or before a U.S. consular or immigration officer, this packet of information should be provided to your relative to submit with his or her application for permanent resident status.

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INCOME THRESHOLD REQUIREMENTS FOR AN AOS

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Poverty Guidelines (Form I-864P), provides current minimum income requirements for use in completing Form I-864. The sponsor must prove they can support the relative by providing documentation that their income is 125% above the mandated poverty line for their family, including the sponsor and all other sponsored family members. The sponsor should complete an I-864 Affidavit of Support when the relative has been scheduled for an immigrant visa interview with a consular officer overseas or when the relative is about to submit an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United *48 States except for Alaska and Hawaii State.

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FORM I-864 FEES

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The application fee for Form I-864 varies, and be between $0 and $410 (depending on whether other forms have been filed). 

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If there are no further complications, in your case, our filing fee will be $300, but every case is unique.

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For more information, please contact us.

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