Affidavit of Support

There are two types of Affidavits of Support:

(a) Form I-864, a contractually binding affidavit of support which is used in family-based immigrant visa applications and some employment-based visa applications wherein the business is owned at least 50%  by a relative; and

(b) Form I-134,  a non-contractually binding affidavit of support which is used in student visa applications, employment-based applications for permanent residency (filed by the principal beneficiary on behalf of derivative beneficiaries), and applicants for the fianceé visa.

The poverty guideline set by the Department of Health and Human Services (DHHS) is the guideline reference used in completing the form I-864.  The person executing the Affidavit of Support must make at least 125% of the poverty level for a household size consisting of the total number of individuals in the sponsor’s household plus the person being sponsored.