Form I-864, also known as the Affidavit of Support, is a crucial document in the US immigration process. It is required for individuals seeking to immigrate to the United States through family-based petitions or certain employment-based visas.
The form serves as a legal contract between the sponsor (a US citizen or permanent resident) and the US government, ensuring that the sponsored immigrant will not become a public charge. By submitting Form I-864, the sponsor agrees to financially support the immigrant to avoid them relying on government assistance.
The purpose of the Affidavit of Support is to demonstrate that the sponsor has sufficient income and financial resources to support the immigrant. This is vital because it aims to ensure that the immigrant will be able to meet their basic living expenses without burdening US taxpayers. The sponsor’s financial commitment continues until the immigrant becomes a US citizen, or for a period of 10 years, whichever comes first. This requirement highlights the importance of the sponsor’s role in the immigration process, as their financial stability is essential to the success of the immigration application.
Form I-864 is typically used in family-based immigration cases, where a US citizen or lawful permanent resident petitions for their spouse, child, or other close relatives to join them in the United States. In addition, this form may be required in certain employment-based immigrant visa cases where the applicant seeks to adjust their status. As a sponsor, it’s essential to understand the responsibilities and obligations associated with submitting this form. Failing to meet the requirements can lead to delays or even denials in the immigration process.
In this guide, we will walk you through the steps involved in completing Form I-864, the eligibility criteria for sponsors, and the documents required to ensure a smooth application process. Whether you’re a US citizen petitioning for a relative or someone planning to sponsor an immigrant, this comprehensive guide will provide you with all the necessary information to navigate the complexities of the Affidavit of Support.
What is Form I-864: An Overview of the Affidavit of Support
Form I-864, also known as the Affidavit of Support, is a critical document in the US immigration process. This form is required for individuals who are immigrating to the United States through family-based petitions or certain employment-based immigrant visas. The purpose of Form I-864 is to ensure that the immigrant has adequate financial support once they enter the US, reducing the likelihood of them relying on public assistance. The sponsor, typically a US citizen or lawful permanent resident, submits the form to legally agree to support the immigrant financially. This form plays a vital role in family reunification and other immigration processes by guaranteeing that the US government is not financially responsible for the new immigrant.
Who Needs to File Form I-864 for US Immigration?
Form I-864 must be filed by a sponsor for individuals who are seeking US permanent residency (a Green Card) through family-based immigration or certain employment-based visa categories. Typically, the sponsor is a US citizen or a lawful permanent resident, and they file the form on behalf of the immigrant. The most common scenario is when a US citizen petitions for a close family member, such as a spouse, child, or parent, to join them in the US. The requirement for Form I-864 is also applicable in some cases of employment-based immigration, where an employer or a family member agrees to financially support the immigrant. The form is essential for those seeking to adjust their status while already in the U.S. or applying for an immigrant visa abroad.
Understanding the Role of the Sponsor in Form I-864
The sponsor’s role in the Form I-864 process is pivotal. By signing the Affidavit of Support, the sponsor commits to financially supporting the immigrant to ensure that they do not become dependent on government assistance. This legally binding agreement places responsibility on the sponsor to provide the immigrant with financial support at a level equal to or greater than the US poverty guidelines. The sponsor must also agree to reimburse the government for any public benefits the immigrant may receive during the support period. This support continues until the immigrant either becomes a US citizen or can be credited with 40 quarters of work (about 10 years). The sponsor’s financial capability and willingness to take on this responsibility are central to the success of the immigration petition.
Eligibility Requirements for Sponsors of Form I-864
To be eligible to sponsor an immigrant through Form I-864, the sponsor must meet specific criteria set by the US government. First, the sponsor must be a US citizen or a lawful permanent resident. They must be at least 18 years old and reside in the United States. Additionally, the sponsor must demonstrate the ability to meet the income requirements, which are typically at least 125% of the Federal Poverty Guidelines for their household size, including the sponsored immigrant. In some cases, joint sponsors (individuals who are willing to share financial responsibility) can be used to meet these income requirements. It’s important to note that the sponsor cannot be an organization or a government agency; only individuals can take on the sponsorship role.
Income Requirements for Form I-864: How Much You Need to Earn
The income requirements for Form I-864 are designed to ensure that the sponsored immigrant will not require government assistance. The sponsor must have an income that is at least 125% of the US Federal Poverty Guidelines, which varies depending on the number of people in the household, including the immigrant being sponsored. For example, if the sponsor is supporting a family of four and an immigrant, their annual income must meet or exceed the amount set by the poverty guidelines for five people. If the sponsor’s income is insufficient, they can include assets or use a joint sponsor to meet the income threshold. Additionally, military sponsors are required to meet only 100% of the poverty guidelines, a special provision that supports active-duty service members.
Read More: Form I-765
How to Fill Out Form I-864: A Step-by-Step Guide
Filling out Form I-864 correctly is critical for the success of the immigration petition. The form consists of multiple sections, including personal information about the sponsor, the immigrant, and the sponsor’s household. First, the sponsor will need to provide their details, including their name, address, employment history, and financial information. The sponsor must also provide the details of their household, including the number of dependents and anyone else they financially support. Next, the sponsor will have to demonstrate their income by providing supporting documents, such as tax returns, pay stubs, or employment verification. The form also requires information about any previous petitions filed by the sponsor and whether they have provided an Affidavit of Support for other immigrants. Once the form is completed, the sponsor must sign it, acknowledging their financial responsibility. Inaccurate or incomplete information can delay the immigration process or even result in the denial of the petition.
Supporting Documents Required for Form I-864
When filing Form I-864, the sponsor is required to submit several supporting documents to verify their eligibility and ability to financially support the immigrant. Common documents include the sponsor’s most recent federal income tax return (IRS Form 1040), pay stubs, and employment verification letters. The sponsor may also need to provide proof of assets if their income does not meet the required threshold. Acceptable assets include savings accounts, real estate, and retirement accounts. If the sponsor is using a joint sponsor, the joint sponsor will also need to submit similar documentation to demonstrate their ability to meet the income requirements. These documents ensure that the US Citizenship and Immigration Services (USCIS) can evaluate the sponsor’s financial capacity accurately and determine whether the immigrant will be financially supported throughout their stay in the US.
How to Prove Financial Support on Form I-864
Proving financial support on Form I-864 is a critical part of the process. The sponsor must demonstrate that they can financially support the immigrant to avoid the individual becoming a public charge. To meet this requirement, the sponsor needs to provide documented evidence of their income and financial resources. This typically includes submitting the most recent federal tax returns (Form 1040), W-2 forms, and recent pay stubs. Additionally, if the sponsor’s income is insufficient, they can use assets such as savings accounts, real estate, or other valuable property to meet the financial threshold. The US Citizenship and Immigration Services (USCIS) will review these documents to verify that the sponsor’s financial resources are sufficient to meet or exceed the poverty guidelines for their household size.
What Happens if You Don’t Meet the Income Requirements for Form I-864?
If the sponsor’s income does not meet the required threshold, it does not necessarily mean the end of the immigration petition. In this case, the sponsor has several options to still fulfill the financial requirements. First, they can use assets such as savings accounts, property, or retirement funds to demonstrate that they have enough resources to support the immigrant. The USCIS allows sponsors to count assets in addition to income, but the value of the assets must be substantial. Alternatively, a joint sponsor can be used. A joint sponsor is someone who agrees to take on the financial responsibility and meet the income requirements on behalf of the immigrant. This person must also submit their own Form I-864 along with the necessary supporting documents, ensuring that the combined income and assets meet the necessary guidelines.
Joint Sponsors: Who Can Help and When to Use Them
A joint sponsor is someone who agrees to assume financial responsibility for the immigrant if the primary sponsor does not meet the income requirements. A joint sponsor must be a US citizen or lawful permanent resident, at least 18 years old, and must meet the income requirements independently of the primary sponsor. The joint sponsor submits a separate Form I-864 and supporting documents, including income verification, to show that their financial resources are sufficient to support the immigrant. Joint sponsors are often necessary when the primary sponsor’s income falls short, and their role is crucial in ensuring the immigrant’s application can still be processed. It’s important to note that joint sponsors must understand that their financial responsibility will last until the immigrant becomes a US citizen or can work enough to qualify for creditable work history.
What Happens After Submitting Form I-864?
After submitting Form I-864, the next step in the immigration process involves the review and processing of the form by the US Citizenship and Immigration Services (USCIS) or the US Department of State (if the immigrant is applying for an immigrant visa from abroad). USCIS will assess the financial information provided to ensure the sponsor meets the necessary income and asset requirements. If there are no issues, the immigrant’s application moves forward. However, if there are discrepancies or missing information, USCIS may issue a Request for Evidence (RFE), asking the sponsor to provide additional documentation or clarification. Once Form I-864 is approved, it becomes part of the broader immigration application process, which includes interviews, medical exams, and other steps before the immigrant is granted permanent residency or an immigrant visa.
Common Mistakes to Avoid When Filing Form I-864
When filing Form I-864, it’s crucial to avoid common mistakes that can delay the immigration process or lead to the denial of the petition. One frequent error is failing to meet the income requirements or provide adequate documentation to support the sponsor’s financial capacity. Another mistake is incorrectly completing the form, which could result in errors that delay processing. It’s essential to ensure that all sections of the form are filled out accurately, including the details about dependents and household size. Missing signatures or incomplete information are also common issues. To avoid these problems, sponsors should double-check all forms and documents before submission. In many cases, it’s helpful to consult with an immigration attorney to ensure that all paperwork is in order.
The Legal Responsibilities of Sponsoring an Immigrant with Form I-864
Sponsoring an immigrant through Form I-864 is a legally binding commitment. The sponsor agrees to financially support the immigrant until they either become a US citizen or can work enough to meet the 40-quarter work requirement, which is equivalent to 10 years of work in the US. This financial responsibility includes covering any public benefits the immigrant might use, such as food stamps, Medicaid, or housing assistance, for which the sponsor may be required to reimburse the government. The sponsor’s obligations can be extended if the immigrant does not become a US citizen or meet the work requirement within the 10-year period. Therefore, it’s essential for sponsors to fully understand their long-term financial responsibilities before committing to sponsor an immigrant.
How Long Does the Sponsor’s Obligation Last After Filing Form I-864?
The sponsor’s obligation under Form I-864 can last a long time, but it is not indefinite. In general, the sponsor is financially responsible for the immigrant until one of the following occurs: the immigrant becomes a US citizen, the immigrant earns 40 quarters of work (roughly 10 years), or the immigrant departs the United States and loses their permanent residency status. If the sponsored immigrant is receiving public benefits during the support period, the sponsor may be required to repay the government. The sponsor’s obligation may also end if the immigrant passes away or if the sponsor’s own circumstances change, such as becoming a US citizen or obtaining a job that meets the work requirement. It is important for sponsors to stay informed about their financial responsibilities and seek legal advice if they face any challenges during the support period.
How Form I-864 Affects the Green Card Process and Immigrant Visa Approval
Form I-864 plays a vital role in the Green Card and immigrant visa approval process. For applicants who are seeking a Green Card through family-based immigration or employment-based petitions, the approval of Form I-864 ensures that the immigrant will have the financial support necessary to live in the US without depending on public assistance. Failure to submit the form or meet its requirements can result in delays or even denial of the immigrant’s Green Card application. The form is an essential part of the US immigration process, and ensuring that it is completed accurately and on time can significantly influence the approval of the application. When approved, the Form I-864 strengthens the immigrant’s case, moving them closer to obtaining lawful permanent residency in the United States.
Conclusion
Form I-864, the Affidavit of Support, is a fundamental document in the US immigration process, ensuring that immigrants have the financial support necessary to avoid becoming a public charge. As a sponsor, it is crucial to understand your legal obligations, income requirements, and the documents needed to successfully complete and submit this form. By providing adequate proof of financial capability, including income verification and assets, sponsors can help facilitate the immigration process and ensure that the immigrant will be supported during their transition to the United States. Whether you are sponsoring a spouse, child, or other close family member, Form I-864 is essential to ensuring a smooth immigration journey.
By following the steps outlined in this guide and avoiding common mistakes, sponsors can navigate the complexities of Form I-864 with confidence. The responsibilities associated with the form are significant, and it’s important to understand the long-term commitment involved in financially supporting an immigrant. However, with proper preparation and attention to detail, sponsors can fulfill their role effectively and contribute to the success of the immigrant’s Green Card application or immigrant visa process. If you’re unsure about any part of the form or need assistance, consulting with an immigration attorney can help ensure that you meet all requirements and avoid potential delays.