AFFIDAVITS OF SUPPORT
The newer Affidavit of Support under Section 213A of the Immigration and Nationality Act (Form I-864) used for family based and certain employment immigrants went into use on 12-19-97. People sponsoring relatives after that date are required to file this form, which remains in effect until the immigrant becomes a naturalized citizen, earns or can be credited with 40 Social Security Credits, leaves the United States permanently, or the immigrant or sponsor dies. Divorce does NOT terminate the obligation. See 0010.18.15.06 (Verifying Social Security Credits).
The older Affidavit of Support (Form I-134) was in use prior to 12-97 and may be used for immigrants who are not sponsored by family members.
See 0011.03.15 (Non-Citizens - LPR With Sponsors), 0015.48 (Whose Assets to Consider), 0016.21 (Income of Sponsors of Immigrants With I-134).
SAVE AND I-864 SPONSOR INFORMATION
To request sponsorship information using SAVE, check the “Request Affidavit of Support Data” box prior to submitting an automated additional verification request, and the Immigration Status Verifier (ISV) will provide this information when responding to the additional verification request if the non-citizen was sponsored on Form I-864, Affidavit of Support. If the immigrant was not sponsored using Form I-864, the ISV response will state “This alien was not sponsored on Form I-864”, and you will need to pursue other means of securing the sponsorship information. If you have determined that the client has a sponsor, but the client is unable to provide the necessary sponsor verification, you can electronically request Affidavit of Support data PRIOR to determining program eligibility from USCIS.
Use SAVE to request specific sponsorship data through the automated additional verification request process. SAVE provides the following information regarding a client’s sponsor(s):
First, middle, and last name(s).
Social security number(s).
Last known address including street, city, state, and zip code.
Once SAVE responds with the name, SSN, and last known address for the individual’s sponsor(s), the agency must secure a release of information from the client prior to contacting the sponsor to request income and asset verifications.
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Send a letter to remind the sponsor of his/her legal responsibility to provide support and request information regarding income and assets. If the sponsor and his/her spouse fail to respond to the letter and/or fail to provide verification of income and assets, deny the application or recertification unless you are able to reasonably determine that the immigrant meets an EXCEPTION from the deeming requirement. See 0016.21.03 (Income of Sponsors of LPRs With I-864). Do not send a reminder letter if the immigrant is exempt from the deeming requirement under a battered status and the sponsor is responsible for the battery.
MFIP, DWP, MSA, GA, GRH:
Follow general procedures.
For Categorical Eligible SNAP units who are sponsored, the assets of the sponsor and the sponsor’s spouse are not counted. No verification of these assets is needed.
For Non-Categorical Eligible SNAP units, see 0015.48.03 (Whose Assets To Consider – Sponsors W/I-864),