Affidavit support default 2025

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An Affidavit of Default is a sworn statement telling the court that you served the Summons (with Children) and Complaint with Minor Children on the Defendant and that he/she has not responded within thirty days after the completed service.
You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. (Your household size includes you, your dependents, any relatives living with you, and the immigrants you are sponsoring.)
After you file your affidavit and provide supporting evidence, the prosecutor will carefully examine both to determine whether criminal charges should be pursued. Based on this review, your affadavit will either be accepted or rejected. This process typically takes under a week.
An Affidavit of Support is legally enforceable. The sponsors financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act.
The final step is the foreign nationals application for an immigrant visa at a U.S. embassy or consulate abroad or an application to adjust status to LPR if in lawful status in the United States. For consular processing, the immigrant visa application cannot be filed until after USCIS approves the immigrant petition.
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By signing the affidavit of support, you promise to maintain financial responsibility for the relative. This financial obligation might extend to housing, food, healthcare, and other living expenses. Should these obligations not be met, legal action can be taken against you.
The processing time for Form I-864 currently is around 9.3 months, but will vary depending on your situation. Note that Form I-864 is submitted as part of a family-based green card application, so the processing time is how long it takes for your green card application to be approved.
An affidavit of support is a legally enforceable contract, and the sponsors responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).

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