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Affidavit Of Support - Frequently Asked Questions


Are citizens adopting immigrant children required to file Affidavits of Support?

Yes, all persons who immigrate as immediate relatives, including all orphans, must have Affidavits of Support unless they are self-petitioning beneficiaries of approved Forms I-360, Petition for Amerasian, Widow or Special Immigrant.


Is there a battered-spouse or child exception to the Affidavit of Support requirement?

Yes, prospective immigrants who have the status of battered spouses or children of U.S. citizens or lawful permanent residents may immigrate without Affidavits of Support. To qualify for this status, foreign nationals must be the beneficiaries of approved I-360 Petition for Amerasian, Widow or Special Immigrant applications classifying them under this ‘self-petitioning’ category.

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Is an Affidavit of Support required for diversity immigrants – visa lottery applicants – or any other groups of immigrants?

The new Affidavit of Support, Form I-864 may only be used for family-based and certain employment based immigrants. For other types of immigrants, such as diversity immigrants or lawful permanent residents returning after long absences from the U.S. where there are concerns about inadmissibility on public charge grounds, the earlier Form I-134, Affidavit of Support, may be used.

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