How to Understand the Affidavit of Support in Minnesota Immigration Law

The Affidavit of Support is a crucial component in the immigration process, especially in Minnesota. For immigrants seeking a green card or permanent residency, this document serves as a promise from a sponsor to support the immigrant financially. Understanding its intricacies is essential for both the sponsor and the applicant.

In Minnesota, the Affidavit of Support is primarily governed by the federal guidelines set forth by U.S. Citizenship and Immigration Services (USCIS). The most common forms used are Form I-864, which is the standard Affidavit of Support, and sometimes Form I-134 for non-immigrant visa applicants.

One of the key aspects of the Affidavit of Support is the financial requirement. The sponsor must demonstrate that their income is at least 125% of the federal poverty guidelines for their household size. This requirement ensures that the immigrant will not become a public charge.

For instance, as of 2023, the poverty guideline for a household of two is approximately $18,310. Therefore, the sponsor must show that their income is at least $22,888. It's important to note that these figures are updated annually, so it’s advisable to check the latest guidelines.

Another critical aspect is the relationship between the sponsor and the immigrant. The Affidavit of Support is most commonly filed by a U.S. citizen or permanent resident who has a qualifying relationship with the immigrant, such as a family member or spouse. The nature of this relationship affects the sponsor's obligations.

Sponsors should also be aware that signing the Affidavit of Support creates a legally enforceable contract. If the immigrant receives certain types of public benefits, the government can seek reimbursement from the sponsor. This is a serious consideration for anyone thinking of sponsoring an immigrant.

Additionally, sponsors can include their assets to meet the required income threshold. Assets must be easily convertible to cash and should be evaluated at a fair market value. This can include savings accounts, stocks, bonds, and real estate. However, a substantial asset can only be used to substitute for income if it meets specific guidelines. The total value of the assets must equal five times the difference between the sponsor's income and the required income threshold.

It's also important to understand the implications of joint sponsors. If the primary sponsor does not meet the income requirements, they can enlist a joint sponsor who also meets the financial criteria. This is a common practice in Minnesota, especially in households with multiple earners.

Finally, sponsors should maintain accurate records and documentation to support the Affidavit of Support. This includes tax returns, pay stubs, and proof of any additional income. USCIS may request this documentation during the application process.

In conclusion, understanding the Affidavit of Support in Minnesota immigration law is crucial for a smooth immigration process. By being aware of the financial requirements, the nature of the relationship, and the legal implications, sponsors can better support their immigrant beneficiaries.