I-864 Affidavit of Support & Alternative Sponsor

The U.S. immigration law stipulates that when applying for U.S. relative immigration and partial employment immigration, a qualified guarantor must provide financial guarantee and sign a financial guarantee letter (I-864). The purpose of financial assurance is to prevent aliens immigrating to the United States from becoming a public burden in the United States because they receive or enjoy unemployment benefits, relief funds, subsidies or other benefits from federal, state or local governments after entering the United States. If the foreigner receives or enjoys such benefits, the guarantor is responsible for returning the relevant expenses to the corresponding agency, otherwise they may be prosecuted.

The Affidavit of Support applies to:

• All family-based applicants;
• Relatives (Relative) who apply for employment-based immigration for the beneficiary or relatives who own 5% or more of the shares in the entity (Entity) that will employ the beneficiary. (Here “relative” refers to husband and wife/parents/children/siblings).

Guarantor qualifications and requirements:

• Must be a U.S. citizen or legal permanent resident (green card holder);
• Must have a fixed residence in the United States and live in the United States (including territories and dependencies);
• Must have a family relationship (blood, marriage, adoption) with the beneficiary of the immigrant visa;
• Must be at least 18 years old;
• Must assume all legal financial responsibilities for the green card beneficiary;
• Annual income during the validity period of the Affidavit of Support must not be less than 125% of the federal poverty level income %(现役军人为100% ).

The guarantor is outside the United States, and the following types of work can still be counted as settled in the United States:

• employed by the U.S. government;
• Employed by a U.S. research institution recognized by the Attorney General;
• Employed by a U.S. company or a company and its subsidiaries whose business is engaged in foreign trade and business development with the U.S. in whole or in part;
• Employed by a public international organization in which the United States participates under a relevant treaty or statute;
• Employed by a religious denomination or organization with establishments both inside and outside the United States; as a missionary of a religious denomination or organization, or as a missionary between factions, with such religions with establishments within or outside the United States;
• other situations

The sponsor must demonstrate that his or her stay outside the United States is temporary and has a residence in the United States. Consulate officials must be satisfied that the sponsor has not renounced his domicile in the United States and has no domicile outside the United States.

If the guarantor’s income does not meet the above levels, he may:

• Family members who list their family member’s income must sign an I-864A contract with the sponsor;

• When providing proof of assets of the guarantor, the sponsored person or the guarantor’s family members (the I-864A contract must be signed with the family members), the cash value of the assets should be at least 5 times the difference between the guarantor’s income and the federal poverty line ;

• If the income and assets are insufficient, another American citizen or green card holder must be found to act as a joint sponsor (Co-sponsor/Joint Sponsor) to bear joint and several liabilities (the joint sponsor does not have to be a relative).

The size of the family should be calculated by the guarantor himself, all dependents, all immigrants who have signed the I-864 guaranty and whose responsibilities have not terminated, and the green card beneficiaries of this secondary guaranty and their accompanying family members.

The financial guarantee letter is a contract between the guarantor and the guarantor, which has the effect of mandatory legal restrictions. The green card beneficiary can only terminate the guaranty responsibility under one of the following circumstances:

• Have worked for more than forty quarters after arriving in the United States (40 Quarters, equivalent to 10 years)
• naturalized as a U.S. citizen;
• Permanently leave U.S. territory;
• die;

NOTE: Divorce does not terminate sponsorship obligations.

The I-864 Affidavit of Support must be submitted within one year of the interview. If more than one year has passed, a new I-864 must be resubmitted. After completing the economic guarantee letter, regardless of whether the beneficiary of the green card is in the United States or abroad, he must submit it to the US government agency (embassy, consulate or immigration office) within 90 days after the completion of the economic guarantee letter procedure, otherwise the economic guarantee letter will lose its validity.

If the guarantor changes his residential address within the validity period of the economic guarantee letter, he shall notify the Ministry of Justice or its designated agency as required within 30 days after the change of address, and notify the state government of the guarantor’s place of residence. Violations of the regulations will result in fines.

substitute guarantor

A substitute sponsor is a sponsor who submits the I-864 Affidavit of Support in place of the deceased applicant.

The death of the I-130 applicant does not necessarily stop the application, and the beneficiary can continue the application by seeking an alternative sponsor. If the applicant dies before the I-130 is approved, the beneficiary is not eligible to find a substitute guarantor; if the applicant dies after the I-130 is approved, the beneficiary is eligible to seek the guarantor according to whether it violates the standards of family reunification and humanitarianism Conditions for Alternative Guarantors.

The “humanitarian” criterion is: if the beneficiary’s immigration application is suspended due to the death of the applicant, it will lead to very serious consequences, which are contrary to family reunification and humanitarian wishes. Usually, the immigration office/embassies and consulates will determine whether humanitarian standards are met from the following aspects:

• disrupt family reunion
• result in extreme hardship for a U.S. resident or permanent resident, including:

• health, such as

Requiring uninterrupted or professional treatment for physical or mental illness

• economy, such as

Special education or training expenses for children, expenses for caring for family members (such as elderly and infirm parents), etc.

• education, such as

Lost access to higher education

• personal circumstances such as

Having close relatives in the United States, the psychological impact of separation on close relatives

• special factors such as

Cultural, linguistic, religious, and racial barriers to return to the country of origin; well-founded fears of political persecution, physical harm or harm upon return; social exclusion or social stigma, loss of proximity to the society of the country of origin Institutional or social structure opportunities, etc.

• The beneficiary is old or in poor health
• beneficiary homeless
• The beneficiary resides permanently in the U.S.
• The beneficiary is closely related in the United States
• Delays in processing applications and visas at USCIS/Embassy

As an alternative guarantor, you must meet the above “qualifications and requirements for guarantors” and have the following relationships with immigrants: spouse, parents, parents-in-law, siblings, children, daughter-in-law/son-in-law, sister-in-law/sister-in-law, brother-in-law/brother-in-law, Grandparents, grandchildren.

For decades, we, Tsang & Associates, have provided services for many green card applicants to apply for letters of affidavit of support to help clients obtain immigrant visas.