If you are bringing a relative to live permanently in the United States, you must accept legal responsibility for financially supporting this family member. You accept
this responsibility and become your relative's sponsor by completing and signing a document called an affidavit of support. 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.)

In order to bring a relative to the U.S., you must complete and submit an affidavit of support (USCIS Form I-864).  An affidavit of support, is required for all
immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for
immigration to the United States under one of the family-based preferences:

  • First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
  • Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters (regardless of age) of lawful permanent residents and their
    unmarried children.
  • Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children.
  • Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children.

Note:  If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit a Form I-864 at the time
you file your Form I-129F petition. Instead, you should submit a Form I-864 at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after
coming to the United States.

When you sign the Affidavit of Support, you accept legal responsibility for financially supporting the sponsored immigrant(s) until they become U.S. citizens or can
be credited with 40 quarters of work. Any joint sponsors or household members whose income is used to meet the minimum income requirements are also legally
responsible for financially supporting the sponsored immigrant. If the immigrant receives any "means-tested public benefits," you are responsible for repaying the cost
of those benefits to the agency that provided them. If you do not repay the debt, the agency can sue you in court to get the money owed. When in doubt, ask the
benefit provider whether the benefit is a "means-tested public benefit."

Currently, Federal means-tested public benefits include Food Stamps, Medicaid, Supplemental Security Income (SSI), Temporary Assistance for Needy Families
("TANF"), and the State Child Health Insurance Program ("CHIP"). States and local jurisdictions may also designate certain of their programs as means-tested public
benefits.

The following types of programsare not counted as means-tested public benefits: emergency Medicaid; short-term, non-cash emergency relief; services provided
under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; student assistance under the Higher
Education Act and the Public Health Service Act; certain forms of foster-care or adoption assistance under the Social Security Act; Head Start programs; means-tested
programs under the Elementary and Secondary Education Act; and Job Training Partnership Act programs.

If you need help getting a visa for your relatives, we can help.
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Disclaimer: The information provided herein is provided for informational purposes only and does not purport and is not intended to solicit, initiate, or form an
Attorney-Client relationship.  Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
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