Form I-864, officially known as the Affidavit of Support Under Section 213A of the Immigration and Nationality Act (INA), is a crucial document in the U.S. immigration process.
It serves as a contract between the sponsor and the U.S. government, ensuring that immigrants have adequate financial support and are less likely to become dependent on public resources.
Purpose Of Form I-864
The primary goal of Form I864 is to demonstrate that the intending immigrant has financial backing, typically from a sponsor, to prevent reliance on government assistance.
By signing this affidavit, the sponsor commits to using their financial resources to support the immigrant, ensuring they maintain at least 125% of the Federal Poverty Guidelines for their household size.
Who Needs To Submit Form I-864?
Form I-864 is required for most family-based immigrants and certain employment-based immigrants. This includes immediate relatives of U.S. citizens (such as spouses, parents, and unmarried children under 21) and other family members who qualify under specific preference categories.
Additionally, some employment-based immigrants must submit this form if a U.S. citizen or permanent resident relative filed their petition or has a significant ownership interest in the petitioning entity.
Sponsor’s Responsibilities
By completing Form I864, the sponsor accepts legal responsibility for financially supporting the sponsored immigrant(s).
This obligation generally continues until the immigrant becomes a U.S. citizen or is credited with 40 quarters of work under the Social Security Act.
It’s important to note that divorce does not terminate the sponsorship responsibility.
Income Requirements
Sponsors must demonstrate an income of at least 125% of the Federal Poverty Guidelines for their household size.
For active-duty members of the U.S. Armed Forces sponsoring their spouse or minor child, the requirement is 100% of the guidelines.
If the sponsor’s income is insufficient, they can use assets or enlist a joint sponsor to meet the requirements.
Joint Sponsors
If the primary sponsor cannot meet the income requirements, a joint sponsor can step in. A joint sponsor must be at least 18 years old, domiciled in the U.S., and willing to accept joint financial responsibility for the immigrant(s).
Each joint sponsor must independently meet the income requirements for the individuals they are sponsoring.
Duration Of Sponsorship Obligation
The sponsor’s financial responsibility typically lasts until the sponsored immigrant becomes a U.S. citizen or is credited with 40 qualifying quarters of work. However, if the immigrant departs the U.S. and loses permanent resident status, the sponsor’s obligation ends. It’s also important to note that divorce does not end the sponsorship obligation.
Filing And Review Process
- The National Visa Center (NVC) reviews submitted Affidavit of Support forms for completeness and transfers the form and application to the U.S. Embassy or Consulate when accepted.
- The NVC sends a notification in CEAC if a form is not complete, explaining what is wrong and asking for correction and re-submission.
- The completed forms and supporting documentation must be sent to NVC in CEAC along with the civil documents of the visa applicant.
Tips And Recommendations
- Fill out the form completely and accurately, particularly the required fields.
- Ensure that the form is filled out correctly to avoid delays or rejection.
- The required fields include the sponsor’s income, household size, and the intending immigrant’s information.
- Review the requirements before completing and submitting your form.
Guide To Completing Form I-864: Affidavit Of Support
Below is a comprehensive guide on how to complete this i864 form.
- Part 1: Information About the Sponsor
- Provide your full name, mailing address, date of birth, and country of birth.
- Include your U.S. Social Security Number (SSN) and the immigration status (e.g., U.S. citizen, lawful permanent resident).
- Part 2: Information About the Immigrant(s)
- List all the individuals for whom you are sponsoring, including their names, relationship to you, and the immigration petition number (if available).
- This section is where you specify the immigrant(s) you are sponsoring for a green card.
2. Sponsor’s Household Size
- Part 3: Household Size
- This is crucial in determining whether your income meets the required guidelines. You must include yourself, your spouse (if applicable), dependent children, and any other individuals who live in your household and depend on your income.
- Part 4: Total Number of Household Members
- Add up all individuals living in your household to calculate the total household size. This includes the immigrant(s) you are sponsoring.
3. Income Requirements
- Part 5: Sponsor’s Income
- This section requires you to report your annual income. You must show that your income is at least 125% of the Federal Poverty Guidelines for your household size.
- If you are using assets to meet the requirements, provide information on those assets. These can include savings accounts, property, or investments.
- Part 6: Sponsor’s Employment and Assets
- If you are employed, list your employer’s name, your job title, and income. If you have other assets (such as real estate or financial investments), provide the details.
- If your income is insufficient, you may need to provide additional financial support, including the possibility of using a joint sponsor (see below).
4. Joint Sponsor Section (if applicable)
- If your income is insufficient, you can include a joint sponsor who will also assume responsibility for the immigrant(s).
- The joint sponsor must complete a separate Form I-864, and they must meet the same income requirements.
- Part 7: Information About the Joint Sponsor
- Include the joint sponsor’s information, including their name, relationship to the immigrant, financial information, and their commitment to supporting the immigrant(s).
5. Supporting Documents
- You must attach supporting documents to prove your income and assets, such as:
- Copies of your latest federal tax return, W-2 forms, or pay stubs.
- If using assets, provide proof such as bank statements or property deeds.
- Proof of U.S. citizenship or permanent residency (e.g., a copy of your U.S. passport or green card).
6. Affidavit Of Support Signature
- Part 8: Signature of Sponsor
- Sign and date the form, acknowledging that you understand the responsibilities and legal obligations outlined in the affidavit.
- Your signature confirms that you agree to support the immigrant(s) financially and fulfill the terms of the affidavit.
- Part 9: Signature of Joint Sponsor (if applicable)
- If you have a joint sponsor, they will also need to sign and date the form in this section.
7. Final Review
- Double-check all information for accuracy, especially the financial details. Missing or incorrect information can delay the process or result in the form being rejected.
- Ensure that all required documents are attached before submitting.
8. Where To Submit Form I-864
- After completing the form i864 and gathering the necessary documentation, submit the form to the U.S. Citizenship and Immigration Services (USCIS) or the U.S. embassy or consulate handling the immigrant’s visa application.
- Always refer to the latest instructions from USCIS regarding submission methods and locations.
Conclusion
Form I864 plays a vital role in ensuring that immigrants have the financial support needed to establish themselves in the United States without relying on public assistance.
Prospective sponsors should carefully review the requirements and responsibilities associated with this form to ensure compliance and support the successful integration of immigrants into U.S. society.
Frequently Asked Questions Form I-864
What is an Affidavit of Support?
An Affidavit of Support also known as U.S. Immigration Form I-864 is a signed document to accept financial responsibility for a family member seeking a green card.
Who is the financial supporter?
The person signing the Affidavit of Support is called the “financial sponsor.”
Who is the sponsoring family member?
The financial sponsor is usually (but not always) the same person as the sponsoring family member.
Who Needs to Submit an Affidavit of Support?
The following categories of immigrants are required by law to submit Form I-864 to successfully obtain a green card.
- Family-based immigrants and some employment-based immigrants require financial support.
- The intending immigrant must have a financial sponsor who meets the minimum income requirements.
Who Can Become a Financial Sponsor?
A financial sponsor must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR).
The sponsor must also have a domicile (residence) in the United States.
In order to financially sponsor a visa applicant, the sponsor must meet the Federal Poverty Guidelines, which are a minimum income threshold.
How many Affidavit of Support Forms and there?
- There are four Affidavit of Support forms: Form I-864, Form I-864A, Form I-864EZ, and Form I-864W.
- The form must be filed with the USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms page for the correct filing address.
- The filing fee for Form I-864 can be found on the USCIS website.
What are the liabilities of a Financial Sponsor
The sponsor is liable for any public benefits used by the sponsored immigrant.
When does the sponsor’s responsibility end?
The sponsor’s responsibility will end when the following events happen:
- The immigrant becomes a U.S. citizen.
- The immigrant dies.
- The immigrant is deported, or the immigrant marries a U.S. citizen.
What is the Form I-864?
The Form I864 Affidavit of Support is a legally enforceable contract between the sponsor and the U.S. government, ensuring that the immigrant will not become a public charge (i.e., dependent on government assistance) after arriving in the U.S..
