Securing a foothold in the land of opportunities requires a careful and knowledgeable approach, and the New York immigration law firm of Oltarsh & Associates, P.C. stands as a beacon of guidance for those navigating the intricacies of immigration law. One pivotal aspect of this journey is understanding and properly executing the Affidavit of Support, Form I-864, a crucial component in many New York Green Card applications. The National Visa Center plays a significant role in processing the Affidavit of Support and ensuring all necessary documentation is in order.
What is an Affidavit of Support (Form I-864)?
The Affidavit of Support, also known as Form I-864, is designed to be a legally binding document required by the U.S. government for most family-based immigrant visas. It is envisioned as a contract between a sponsor, a U.S. citizen or lawful permanent resident, and the U.S. government, ensuring that the intending immigrant will not become a public charge until certain conditions are met. The sponsor must provide affidavits including each family member applying for a green card, highlighting the importance of the prohibition of becoming a public charge within the Immigration & Nationality Act. The Affidavit of Support must be submitted with Form DS-260 or Form I-485 in conjunction with adjustment applications when required.
Why is it Necessary? Understanding the Minimum Income Requirement
In essence, this form acts as a financial safety net, demonstrating that the sponsor has sufficient income or assets to support the intending immigrant and potentially family members at 125% above the federal poverty line. It protects the government’s interests by ensuring that the intending immigrant’s financial support is adequate, reducing the risk of dependency on public assistance.
Who is a Financial Sponsor?
All petitioners of family-based immigrant petitions must file an affidavit of support. In addition, co-sponsors can become a financial sponsor, if they meet specific eligibility requirements. The petitioner must file the affidavit even if he or she does not meet the financial requirements. The petitioner must have a domicile in the United States; If a petitioner cannot meet the domicile requirement, they fail to qualify as a sponsor for the purposes of submitting Form I-864. If the sponsor does not earn or have sufficient financial assets, in those instances, a joint sponsor is necessary. The joint the sponsor must be at least 18 years old and either a U.S. citizen or a lawful permanent resident. Additionally, they must possess a valid Social Security number and must also have a domicile in the United States. Meeting the minimum income requirements is crucial, but if the sponsor’s income falls short, a joint sponsor can also meet the requirements.
Being a financial sponsor is a significant commitment. Most States view the responsibility to encompass repayment if certain public benefits are sought. However, some States have extended their interpretation of the law and have found that the sponsor must be willing and able to provide financial support to the intending immigrant and their family members, including basic needs such as food, shelter, and clothing, ensuring that the immigrant does not become a public charge.
Income Requirements for the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands
The sponsor and/or co-sponsor must earn or have liquid assets equal to 125% of the poverty guideline. Sponsors on active duty in the U.S. armed forces have special income requirements when petitioning for their spouse or child and only are required to earn and or have assets of 100% of the poverty guideline. The Federal Poverty Guidelines and vary depending on the household size. For the 48 contiguous states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands, the income thresholds for non-military active members recently changed substantially and are as follows for fiscal 2025:
- For a household size of 2: $26,437
- For a household size of 3: $31,312
- For a household size of 4: $40,187
- For a household size of 5: $47,062
- For a household size of 6: $53,937
- For a household size of 7: $60,812
- For a household size of 8: $67,687
These figures are subject to change annually, reflecting adjustments in the Federal Poverty Guidelines. The financial sponsor must meet these income requirements to demonstrate their ability to support the intending immigrant. If the sponsor’s income is insufficient, assets may also be used. Alternatively, a joint sponsor who meets the income requirements can submit documentation as well.
Household Size and Affidavit of Support
Determining the household size is a critical step in calculating the minimum income requirement for the Affidavit of Support. The household size includes the financial sponsor, their spouse, and any unmarried children under the age of 21. Additionally, it encompasses any other individuals who are claimed as dependents on the financial sponsor’s federal income tax return.
The household size directly influences the minimum income requirement, which is based on the Federal Poverty Guidelines. The financial sponsor must meet this minimum income requirement to ensure they can adequately support the intending immigrant. If the sponsor’s income does not meet the threshold, a joint sponsor who meets the requirements can assist in fulfilling this obligation.
In the event that there is a deficit of income, the difference can be made up through liquefiable assets. For a sponsor this is three times the deficit number and five time for a co-sponsor. The current administration is requesting substantial documents including evidence of those assets for a year, and requiring twelve bank account statements, for example. The average monthly balance will then be calculated.
Exemptions from Submitting an Affidavit of Support
Certain individuals are exempt from submitting an Affidavit of Support. These exemptions include:
- Refugees
- Asylees
- Certain immigrants who are exempt under the Child Citizenship Act
- Widows and widowers of U.S. citizens who self-petition for permanent residency
- Abused or battered spouses or children who self-petition for green cards under the Violence Against Women Act (VAWA)
- Individuals who have worked with a valid social security number for forty quarters
While these individuals are not required to submit a sponsor’s Affidavit of Support, they may still need to provide a self-affidavit of support form in support their immigration application. These exemptions recognize the unique circumstances of these groups and provide alternative pathways to secure their immigration status.
The Duration of the Affidavit of Support Requirements and Special Considerations
The affidavit of support responsibility continues until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work, departs the U.S. permanently, or passes away. The affidavit remains active even if, for example, a petitioner filed it on behalf of a spouse and divorces the spouse prior to that individual having worked for ten years of becoming a US citizen.
Navigating the Process with Expertise in Citizenship and Immigration Services
The process of filing an Affidavit of Support is meticulous, requiring accurate completion of Form I-864 and submission of supporting documents like tax returns, proof of income, and assets. It is crucial to include the income and assets of a household member, as their financial contributions can help meet the necessary requirements. The total net value of assets must equal five times the difference between the sponsor’s income and 125% of the poverty level for the household size. This is where the seasoned expertise of a New York immigration lawyer becomes invaluable. The dedicated lawyers at Oltarsh & Associates, P.C., with their extensive experience and personalized approach, adeptly guide clients through each step, ensuring all requirements are met meticulously.
Oltarsh & Associates, P.C.: A Legacy of Success
Oltarsh & Associates, P.C. has established a rich legacy in the field of immigration law. Their team of skilled lawyers, armed with a wealth of knowledge and a client-centric approach, has successfully assisted numerous individuals and families in their pursuit of the American dream. Whether it’s a New York green card application, work visa, or citizenship, they have proven time and again their commitment to turning aspirations into realities.
Crafting a Tailored Approach
Understanding that each immigration journey is unique, the lawyers at Oltarsh & Associates, P.C. tailor their approach to meet the individual needs of their clients. They delve into the specifics of each case, providing personalized advice and comprehensive solutions. Their dedication extends beyond the completion of forms; they remain a steadfast support, addressing concerns, and providing insights, ensuring their clients are well-informed and confident throughout the process.
Comprehensive Immigration Solutions
Beyond the Affidavit of Support, Oltarsh & Associates, P.C. offers a broad spectrum of immigration services. Financial sponsors must be either U.S. citizens or lawful permanent residents. Their expertise encompasses family-based immigration, employment-based visas, deportation defense, and citizenship applications, to name a few. With a focus on fostering strong attorney-client relationships, they have built a reputation for integrity, excellence, and success.
Contact Oltarsh & Associates, P.C.
Navigating the complexities of immigration law, particularly when dealing with crucial documents like the Affidavit of Support, necessitates the guidance of seasoned professionals. The lawyers at Oltarsh & Associates, P.C. bring to the table a blend of experience, knowledge, and personalized care, making them the go-to New York immigration lawyer for those seeking to embark on their American journey.
Should you find yourself or your loved ones in need of legal immigration services, especially pertaining to a New York green card application, do not hesitate to reach out to Oltarsh & Associates, P.C. They stand ready to guide you, turning your aspirations into achievable dreams, and paving the way for a brighter, more secure future in the United States. Call us today at (212) 944-9420.
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