AFFIDAVIT OF SUPPORT TO SPONSOR ALIEN RELATIVES
Lal Varghese, Attorney at Law, Dallas
The affidavit of support is legally required for many family-based and some employment based immigrants to show they will have adequate means of support after immigration to the U.S. Generally, the following intending immigrants need an Affidavit of Support to be filed before they can be issued with visas.
• Applicants for family-based immigrant visas, including certain orphans.
• Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition
The National Visa Center (NVC) provides instructions to the petitioner/sponsor at the appropriate time when the approved petition is ready to be processed by reaching the priority date if any. The petitioner/sponsor must complete and sign the appropriate Affidavit of Support form. Incomplete or incorrectly assembled forms will not be accepted. The completed forms and supporting documents must be sent to the National Visa Center. A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. Domicile is a complex concept and must be evaluated on a case by case basis by looking in to the details. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status. Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:
• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.
A U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States cannot be a sponsor. The law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States. If the petitioner does not have a domicile in the United States, a joint sponsor cannot file an I-864 and rectify the domicile issue of the petitioner. The petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor. The following types of employment abroad may be considered as maintaining domicile in United States.
• Employment temporarily stationed abroad with the U.S. government
• Employment temporarily stationed abroad with an American institution of research recognized by the Attorney General
• Employment temporarily stationed abroad with an American firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States
• Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute
• Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.
• Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States.
There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad. When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence.
• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence
If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor also. If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits. The following types of assistance are not considered means tested public benefits and do not have to be repaid.
• Emergency Medicaid
• School lunches
• Immunizations and treatment for communicable diseases
• Student assistance to attend colleges and institutions of higher learning
• Some kinds of foster care or adoption assistance
• Job training programs
• Head start
• Short-term, non-cash emergency relief (To be continued……………..)
The affidavit of support is legally required for many family-based and some employment based immigrants to show they will have adequate means of support after immigration to the U.S. Generally, the following intending immigrants need an Affidavit of Support to be filed before they can be issued with visas.
• Applicants for family-based immigrant visas, including certain orphans.
• Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition
The National Visa Center (NVC) provides instructions to the petitioner/sponsor at the appropriate time when the approved petition is ready to be processed by reaching the priority date if any. The petitioner/sponsor must complete and sign the appropriate Affidavit of Support form. Incomplete or incorrectly assembled forms will not be accepted. The completed forms and supporting documents must be sent to the National Visa Center. A sponsor must be at least 18 years old and either an American citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. Domicile is a complex concept and must be evaluated on a case by case basis by looking in to the details. To qualify as a sponsor, a petitioner residing abroad must have a principal residence in the U.S. and intend to maintain it indefinitely. Lawful permanent resident (LPR) sponsors must show they are maintaining their LPR status. Many U.S. citizens and lawful permanent residents reside outside the United States on a temporary basis. "Temporary" may cover an extended period of residence abroad. The sponsor living abroad must establish the following in order to be considered domiciled in the United States:
• He/she left the United States for a limited and not indefinite period of time,
• He/she intended to maintain a domicile in the United States, and
• He/she has evidence of continued ties to the United States.
A U.S. citizen or lawful permanent resident (LPR) petitioner who is not domiciled (living) in the United States cannot be a sponsor. The law requires that sponsors be domiciled (live) in any of the United States, the District of Columbia, or any territory or possession of the United States. If the petitioner does not have a domicile in the United States, a joint sponsor cannot file an I-864 and rectify the domicile issue of the petitioner. The petitioner must meet all the requirements to be a sponsor (age, domicile and citizenship), except those related to income, before there can be a joint sponsor. The following types of employment abroad may be considered as maintaining domicile in United States.
• Employment temporarily stationed abroad with the U.S. government
• Employment temporarily stationed abroad with an American institution of research recognized by the Attorney General
• Employment temporarily stationed abroad with an American firm or corporation or its subsidiary engaged in whole or in part in the development of foreign trade and commerce with the United States
• Employment temporarily stationed abroad with a public international organization in which the United States participates by treaty or statute
• Employment temporarily stationed abroad with a religious denomination/group having a genuine organization within the United States.
• Employment temporarily stationed abroad as a missionary by a religious denomination/group or by an interdenominational mission organization within the United States.
There may be other circumstances in which a sponsor can show that his or her presence abroad is of a temporary nature, and the sponsor has a domicile in the United States. The sponsor must satisfy the consular officer that he/she has not given up his/her domicile in the United States and established his/her domicile abroad. When a sponsor has clearly not maintained a domicile in the United States, he/she must re-establish a U.S. domicile to be a sponsor. The aspiring sponsor may take steps, including the examples given below, to show that the United States is his/her principal place of residence.
• Find employment in the United States
• Secure a residence in the United States
• Register children in U.S. schools
• Relinquish residence abroad
• Other evidence of a U.S. residence
If the sponsor establishes U.S. domicile, it is not necessary for the sponsor to go to the United States before the sponsored family members. However, the sponsor must return to the United States to live before the sponsored immigrant may enter the United States. The sponsored immigrant must enter the U.S. with or after the sponsor also. If the sponsored immigrant uses federal means tested public benefits, the sponsor must repay the cost of the benefits. The following types of assistance are not considered means tested public benefits and do not have to be repaid.
• Emergency Medicaid
• School lunches
• Immunizations and treatment for communicable diseases
• Student assistance to attend colleges and institutions of higher learning
• Some kinds of foster care or adoption assistance
• Job training programs
• Head start
• Short-term, non-cash emergency relief (To be continued……………..)
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website or our blog for more articles at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
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