Immigrants to the US must usually demonstrate they will have adequate financial support in the country. How do they do that? With yet another form of course, in this case one known as the affidavit of support.
 
The way the government sees it, individuals seeking to immigrate to the US must demonstrate they will not become a public charge, or someone the government would have to support. A provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 created a new affidavit of support, Form I-864. This document creates a legal obligation on behalf of the person who signs it. The person agrees to serve as the immigrant's sponsor and to support the individual if the need arises.
 
The legal obligation created under the affidavit of support is not an insignificant one. It essentially means that the federal government, any state government or the immigrant can sue the sponsor if he or she fails to support the immigrant. The affidavit is enforceable until the immigrant becomes a US citizen or until he or she has worked for 10 years.
 
The key to the affidavit of support is the annual poverty level determined by the Department of Health and Human Services. Sponsors must earn at least 125 percent of the poverty level. An exception is made for sponsors who are active military personnel; they must be able to show income equal to the poverty level. Because the poverty level varies with the number of members in a household, the sponsor's income must be above the poverty level for the size of the household plus all sponsored immigrants.
 
If the primary sponsor does not earn enough, a cosponsor may be named; Form I-864A is used in such cases. The cosponsor must be a family member by birth, marriage or adoption and becomes legally obligated to provide the same support as the primary sponsor for the same time period.
 
In meeting the poverty guideline, sponsors can rely on all sources of income. In the event that income is not sufficient to meet the income level required, sponsors can rely on assets. It must be possible to use the assets for the support of the immigrant, and the assets must be convertible into cash within one year.
 
In addition to all of the other obligations, sponsors and cosponsors must keep the INS informed of all address changes. Fines can be imposed for failing to do so.