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Affidavit Of Support - Frequently Asked Questions


Where can I find the law?

The Immigration and Nationality Act is the law that governs the admission of all immigrants to the U.S. For the part of the law concerning Affidavits of Support, please see INA § 212(a)(4) and section 213A. The provisions are codified in Title 8, United States Code, as sections 1182(a)(4) and 1183a. The specific requirements for Affidavits of Support can be found in Title 8 of the Code of Federal Regulations at 8 CFR part 213a.


Who is required to be a sponsor?

If you have filed an immigrant visa petition for your relative, you must be the sponsor.

  • You must also be at least 18 years old and a U.S. citizen or a lawful permanent resident
  • You must have a domicile in the U.S. or a territory or possession of the U.S.

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Can anyone else be a sponsor?

The Immigration and Nationality Act section 213A permits both a ‘joint sponsor’ and a ‘substitute sponsor’ in certain cases.


Who can be a ‘joint sponsor’, and when is a ‘joint sponsor’ allowed?

A ‘joint sponsor’ is someone who is willing to accept legal responsibility for supporting your family member with you. A ‘joint sponsor’ must meet all the same requirements as you, except the ‘joint sponsor’ does not need to be related to the immigrant. The ‘joint sponsor’, or the ‘joint sponsor’ and his or her household, must reach the 125 per cent income requirement alone. You cannot combine your income with that of a ‘joint sponsor’ to meet the income requirement.

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