The USCIS I-864 form, or the Affidavit of Support, acts as a legally enforceable promise by a sponsor to support a family member seeking to become a permanent resident in the United States. It serves as proof that the immigrant will not become a public charge, relying instead on the sponsor's financial backing. Navigating this form is a crucial step in the journey towards securing a loved one's future in the U.S.
At the crossroads of immigration policy and financial responsibility stands the USCIS I-864 form, a legally binding document that underscores the melding of familial support with federal oversight. This affidavit of support ensures that immigrants have adequate means of financial support and are not likely to become public charges, which is a term used by immigration officials to refer to individuals who depend on government assistance for income. Required by the United States Citizenship and Immigration Services (USCIS) in many family-based and some employment-based immigration cases, the form serves as a promise by a sponsor, typically a family member, that they have the financial ability to support the immigrant. By signing the I-864 form, the sponsor agrees to use their resources to support the intended immigrant if necessary. This commitment is not taken lightly, as it can be legally enforced, making the sponsor financially responsible for the beneficiary until certain conditions are met. The form navigates complex intersections of financial thresholds, obligations, and liabilities, making it a cornerstone of the legal immigration process and a reflection of the interplay between individual responsibility and collective welfare.
Affidavit of Support Under Section 213A of the INA
USCIS
Form I-864
Department of Homeland Security
OMB No. 1615-0075
U.S. Citizenship and Immigration Services
Expires 10/31/2021
For
Use
Only
Affidavit of Support Submitter
Petitioner
1st Joint Sponsor
2nd Joint Sponsor
Substitute Sponsor
5% Owner
Section 213A Review
MEETS
DOES NOT MEET
requirements
Reviewed By:
Office:
Date (mm/dd/yyyy):
Number of Support Affidavits in File
1
2
Remarks
To be completed by an
Select this box if
Attorney State Bar Number
Attorney or Accredited Representative
Form G-28 or
(if applicable)
USCIS Online Account Number (if any)
attorney or accredited
G-28I is attached.
representative (if any).
►START HERE - Type or print in black ink.
Part 1. Basis For Filing Affidavit of Support
I,
,
am the sponsor submitting this affidavit of support because (Select only one box):
1.a.
I am the petitioner. I filed or am filing for the
immigration of my relative.
1.b.
I filed an alien worker petition on behalf of the
intending immigrant, who is related to me as my
Mailing Address
(USPS ZIP Code Lookup)
2.a. In Care Of Name
2.b. Street Number
and Name
2.c. Apt. Ste. Flr.
2.d. City or Town
1.c.
I have an ownership interest of at least 5 percent in
which filed an alien worker petition on behalf of the
1.d.
I am the only joint sponsor.
2.e. State
2.g. Province
2.h. Postal Code 2.i. Country
2.f. ZIP Code
1.e.
I am the
first
second of two joint sponsors.
1.f.
The original petitioner is deceased. I am the
substitute sponsor. I am the intending immigrant's
NOTE: If you are filing this form as a sponsor, you must include proof of your U.S. citizenship, U.S. national status, or lawful permanent resident status.
Other Information
3.Country of Citizenship or Nationality
4.Date of Birth (mm/dd/yyyy)
5.Alien Registration Number (A-Number) (if any)
►A-
Part 2. Information About the Principal Immigrant
1.a. Family Name
(Last Name)
1.b. Given Name
(First Name)
1.c. Middle Name
6.USCIS Online Account Number (if any)
►
7.Daytime Telephone Number
Form I-864 10/15/19
Page 1 of 10
Part 3. Information About the Immigrants You Are Sponsoring
1.I am sponsoring the principal immigrant named in Part 2.
Yes
No (Applicable only if you are sponsoring
family members in Part 3. as the second
joint sponsor or if you are sponsoring
family members who are immigrating
more than six months after the principal
immigrant)
2. I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2. (Do not include any relative listed on a separate visa petition.)
3. I am sponsoring the following family members who are immigrating more than six months after the principal immigrant.
Family Member 1
4.a. Family Name
4.b. Given Name
4.c. Middle Name
5.Relationship to Principal Immigrant
6. Date of Birth (mm/dd/yyyy)
7.Alien Registration Number (A-Number) (if any)
► A-
8.USCIS Online Account Number (if any)
Family Member 2
9.a. Family Name
9.b. Given Name
9.c. Middle Name
10.Relationship to Principal Immigrant
11. Date of Birth (mm/dd/yyyy)
12.Alien Registration Number (A-Number) (if any)
13.USCIS Online Account Number (if any)
Family Member 3
14.a. Family Name
14.b. Given Name
14.c. Middle Name
15.Relationship to Principal Immigrant
16.Date of Birth (mm/dd/yyyy)
17.Alien Registration Number (A-Number) (if any)
18.USCIS Online Account Number (if any)
Family Member 4
19.a. Family Name
19.b. Given Name
19.c. Middle Name
20.Relationship to Principal Immigrant
21.Date of Birth (mm/dd/yyyy)
22.Alien Registration Number (A-Number) (if any)
23.USCIS Online Account Number (if any)
Family Member 5
24.a. Family Name
24.b. Given Name
24.c. Middle Name
25.Relationship to Principal Immigrant
26.Date of Birth (mm/dd/yyyy)
27.Alien Registration Number (A-Number) (if any)
28.USCIS Online Account Number (if any)
Page 2 of 10
Part 3. Information About the Immigrants You Are Sponsoring (continued)
29. Enter the total number of immigrants you are sponsoring on
this affidavit which includes the principal immigrant listed
in Part 2., any immigrants listed in Part 3., Item
Numbers 1. - 28. and (if applicable), any immigrants listed
for these questions in Part 11. Additional Information.
Do not count the principal immigrant if you are only
Sponsor's Physical Address
4.a. Street Number
4.b. Apt. Ste. Flr.
4.c. City or Town
sponsoring family members entering more than 6 months
after the principal immigrant.
Part 4. Information About You (Sponsor)
Sponsor's Full Name
4.d. State
4.f. Province
4.g. Postal Code
4.h. Country
4.e. ZIP Code
Sponsor's Mailing Address
2.h. Postal Code
2.i. Country
3.Is your current mailing address the same as your physical
address?
No
If you answered "No" to Item Number 3., provide your physical address in Item Numbers 4.a. - 4.h.
5.Country of Domicile
7.City or Town of Birth
8.State or Province of Birth
9.Country of Birth
10.U.S. Social Security Number (Required)
Citizenship or Residency
11.a.
I am a U.S. citizen.
11.b.
I am a U.S. national.
11.c.
I am a lawful permanent resident.
12.Sponsor's A-Number (if any)
13.Sponsor's USCIS Online Account Number (if any)
Military Service (To be completed by petitioner sponsors only.)
14.I am currently on active duty in the U.S. Armed Forces
or U.S. Coast Guard.
Page 3 of 10
Part 5. Sponsor's Household Size
NOTE: Do not count any member of your household more than once.
Persons you are sponsoring in this affidavit:
5.
6.
Retired Since (mm/dd/yyyy)
Unemployed Since (mm/dd/yyyy)
1.Provide the number you entered in Part 3., Item Number
29.
Persons NOT sponsored in this affidavit:
2. Yourself.
3.If you are currently married, enter "1" for your spouse.
4.If you have dependent children, enter the number here.
5.If you have any other dependents, enter the number here.
6.If you have sponsored any other persons on Form I-864 or Form I-864EZ who are now lawful permanent residents,
enter the number here.
7.OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form
I-864A, enter the number here.
8.Add together Part 5., Item Numbers 1. - 7. and enter the number here.
Household Size:
Part 6. Sponsor's Employment and Income
I am currently:
1. Employed as a/an
2.Name of Employer 1
7.My current individual annual income is:
$
Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.
Person 1
8.Name
9.Relationship
10.
Current Income
Person 2
11.
Name
12.
Relationship
13.
Person 3
14.Name
15.Relationship
16. Current Income
Person 4
3. Name of Employer 2 (if applicable)
17. Name
4.
Self-Employed as a/an (Occupation)
18.
19. Current Income
Page 4 of 10
Household Size
1 2 3
4 5 6
7 8 9
Other
Poverty Guideline
Year: 2 0
Poverty Line:
(continued)
20.My Current Annual Household Income (Total all lines from Part 6. Item Numbers 7., 10., 13., 16., and 19.; the total will be compared to Federal Poverty Guidelines on
Form I-864P.)
21.
The people listed in Item Numbers 8., 11., 14., and
17.have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people.
22. One or more of the people listed in Item Numbers 8., 11., 14., and 17. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents.
Federal Income Tax Return Information
23.a. Have you filed a Federal income tax return for each of the
three most recent tax years?
NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year.
23.b. (Optional) I have attached photocopies or transcripts of my Federal income tax returns for my second and third most recent tax years.
My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:
Tax Year
Total Income
24.a. Most Recent
24.b. 2nd Most Recent
24.c. 3rd Most Recent
25. I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this.
Part 7. Use of Assets to Supplement Income
(Optional)
If your income, or the total income for you and your household, from Part 6., Item Numbers 20. or 24.a. - 24.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.
Your Assets (Optional)
1.Enter the balance of all savings and checking accounts.
2.Enter the net cash value of real-estate holdings. (Net value means current assessed value minus mortgage debt.)
3.Enter the net cash value of all stocks, bonds, certificates of deposit, and any other assets not already included in Item Number 1. or Item Number 2.
4.Add together Item Numbers 1. - 3. and enter the number
here.
TOTAL: $
Assets from Form I-864A, Part 4., Item Number 3.d., for:
5.a. Name of Relative
5.b. Your household member's assets from Form I-864A
(optional).$
Assets of the principal sponsored immigrant (optional).
The principal sponsored immigrant is the person listed in Part 2., Item Numbers 1.a. - 1.c. Only include the assets if the principal immigrant is being sponsored by this affidavit of support.
6.Enter the balance of the principal immigrant's savings and
checking accounts.
7.Enter the net cash value of all the principal immigrant's real estate holdings. (Net value means investment value
minus mortgage debt.)
8.Enter the current cash value of the principal immigrant's stocks, bonds, certificates of deposit, and other assets not included in Item Number 6. or Item Number 7.
Page 5 of 10
Sponsor's Household Income
3
(Page 5, Line 10)
4
5
6
7
8
9
The total value of all assets, line 10, must equal 5 times (3 times for spouses and children of
USC's, or 1 time for orphans to be formally adopted in the U.S.) the difference between the
poverty guidelines and the sponsor's household income, line 10.
What If I Choose Not to Sign Form I-864?
(Optional) (continued)
The U.S. Government cannot make you sign Form 1-864 if you
9.
Add together Item Numbers 6. - 8. and enter the number
do not want to do so. But if you do not sign Form I-864, the
intending immigrant may not become a lawful permanent
resident in the United States.
Total Value of Assets
What Does Signing Form I-864 Require Me To Do?
Add together Item Numbers 4., 5.b., and 9. and enter the
If an intending immigrant becomes a lawful permanent resident
number here.
in the United States based on a Form I-864 that you have
signed, then, until your obligations under Form I-864 terminate,
you must:
Part 8. Sponsor's Contract, Statement, Contact
Information, Declaration, Certification, and
Signature
NOTE: Read the Penalties section of the Form I-864 Instructions before completing this part.
Sponsor's Contract
Please note that, by signing this Form I-864, you agree to assume certain specific obligations under the Immigration and Nationality Act (INA) and other Federal laws. The following paragraphs describe those obligations. Please read the following information carefully before you sign Form I-864. If you do not understand the obligations, you may wish to consult an attorney or accredited representative.
What is the Legal Effect of My Signing Form I-864?
If you sign Form I-864 on behalf of any person (called the intending immigrant) who is applying for an immigrant visa or for adjustment of status to a lawful permanent resident, and that intending immigrant submits Form I-864 to the U.S. Government with his or her application for an immigrant visa or adjustment of status, under INA section 213A, these actions create a contract between you and the U.S. Government. The intending immigrant becoming a lawful permanent resident is the consideration for the contract.
Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as a person likely to become a public charge, the U.S. Government can consider your income and assets as available for the support of the intending immigrant.
A.Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces or U.S. Coast Guard, and the person is your husband, wife, or unmarried child under 21 years of age); and
B.Notify U.S. Citizenship and Immigration Services (USCIS) of any change in your address, within 30 days of the change, by filing Form I-865.
What Other Consequences Are There?
If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, the U.S. Government may consider (deem) your income and assets as available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for state or local means-tested public benefits, if the state or local government's rules provide for consideration (deeming) of your income and assets as available to the person.
This provision does not apply to public benefits specified in section 403(c) of the Welfare Reform Act such as emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act.
What If I Do Not Fulfill My Obligations?
If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support.
Page 6 of 10
Signature (continued)
If a Federal, state, local, or private agency provided any covered means-tested public benefit to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.
If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees.
If you do not file a properly completed Form I-865 within 30 days of any change of address, USCIS may impose a civil fine for your failing to do so.
When Will These Obligations End?
Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:
A.Becomes a U.S. citizen;
B.Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
C.No longer has lawful permanent resident status and has departed the United States;
D.Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
E.Dies.
NOTE: Divorce does not terminate your obligations under Form I-864.
Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.
Sponsor's Statement
NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.
I can read and understand English, and I have read
and understand every question and instruction on this
affidavit and my answer to every question.
The interpreter named in Part 9. read to me every
question and instruction on this affidavit and my
answer to every question in
a language in which I am fluent, and I understood
everything.
2.
At my request, the preparer named in Part 10.,
prepared this affidavit for me based only upon
information I provided or authorized.
Sponsor's Contact Information
3.Sponsor's Daytime Telephone Number
4.Sponsor's Mobile Telephone Number (if any)
5.Sponsor's Email Address (if any)
Sponsor's Declaration and Certification
Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS or the U.S. Department of State (DOS) may require that I submit original documents to USCIS or DOS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS or DOS may need to determine my eligibility for the benefit that I seek.
I furthermore authorize release of information contained in this affidavit, in supporting documents, and in my USCIS or DOS records, to other entities and persons where necessary for the administration and enforcement of U.S. immigration law.
I certify, under penalty of perjury, that all of the information in my affidavit and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my affidavit and that all of this information is complete, true, and correct.
A.I know the contents of this affidavit of support that I signed;
B.I have read and I understand each of the obligations described in Part 8., and I agree, freely and without any mental reservation or purpose of evasion, to accept each of those obligations in order to make it possible for the immigrants indicated in Part 3. to become lawful permanent residents of the United States;
C.I agree to submit to the personal jurisdiction of any Federal or state court that has subject matter jurisdiction of a lawsuit against me to enforce my obligations under this Form I-864;
Page 7 of 10
Part 8. Sponsor's Contract, Statement, Contact Information, Declaration, Certification, and
D.
Each of the Federal income tax returns submitted in
support of this affidavit are true copies, or are
unaltered tax transcripts, of the tax returns I filed
with the IRS;
Interpreter's Mailing Address
3.a. Street Number
3.b. Apt. Ste. Flr.
3.c. City or Town
E.
I understand that, if I am related to the sponsored
immigrant by marriage, the termination of the
marriage (by divorce, dissolution, annulment, or
other legal process) will not relieve me of my
obligations under this Form I-864; and
F.
I authorize the Social Security Administration to
release information about me in its records to
USCIS and DOS.
3.d. State
3.f. Province
3.g. Postal Code
3.h. Country
3.e. ZIP Code
Sponsor's Signature
6.a. Sponsor's Signature
6.b. Date of Signature (mm/dd/yyyy)
NOTE TO ALL SPONSORS: If you do not completely fill out this affidavit or fail to submit required documents listed in the Instructions, USCIS or DOS may deny your affidavit.
Part 9. Interpreter's Contact Information, Certification, and Signature
Provide the following information about the interpreter.
Interpreter's Full Name
1.a. Interpreter's Family Name (Last Name)
1.b. Interpreter's Given Name (First Name)
2.Interpreter's Business or Organization Name (if any)
Interpreter's Contact Information
4.Interpreter's Daytime Telephone Number
5.Interpreter's Mobile Telephone Number (if any)
6.Interpreter's Email Address (if any)
Interpreter's Certification
I certify, under penalty of perjury, that:
I am fluent in English and
which is the same language specified in Part 8., Item Number 1.b., and I have read to this sponsor in the identified language every question and instruction on this affidavit and his or her answer to every question. The sponsor informed me that he or she understands every instruction, question, and answer on the affidavit, including the Sponsor's Declaration and Certification, and has verified the accuracy of every answer.
Interpreter's Signature
7.a. Interpreter's Signature
7.b. Date of Signature (mm/dd/yyyy)
Page 8 of 10
Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Affidavit, if Other Than the Sponsor
Provide the following information about the preparer.
Preparer's Full Name
1.a. Preparer's Family Name (Last Name)
1.b. Preparer's Given Name (First Name)
2.Preparer's Business or Organization Name (if any)
Preparer's Mailing Address
Preparer's Statement
7.a.
I am not an attorney or accredited representative but
have prepared this affidavit on behalf of the sponsor
and with the sponsor's consent.
7.b.
I am an attorney or accredited representative and my
representation of the sponsor in this case
extends
does not extend beyond the
preparation of this affidavit.
NOTE: If you are an attorney or accredited representative, you may be obliged to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, with this affidavit.
Preparer's Certification
By my signature, I certify, under penalty of perjury, that I prepared this affidavit at the request of the sponsor. The sponsor then reviewed this completed affidavit and informed me that he or she understands all of the information contained in, and submitted with, his or her affidavit, including the
Sponsor's Declaration and Certification, and that all of this information is complete, true, and correct. I completed this affidavit based only on information that the sponsor provided to me or authorized me to obtain or use.
Preparer's Signature
8.a. Preparer's Signature
Preparer's Contact Information
4.Preparer's Daytime Telephone Number
5.Preparer's Mobile Telephone Number (if any)
6.Preparer's Email Address (if any)
8.b. Date of Signature (mm/dd/yyyy)
Page 9 of 10
Part 11. Additional Information
If you need extra space to provide any additional information within this affidavit, use the space below. If you need more space than what is provided, you may make copies of this page to complete and file with this affidavit or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
2.A-Number (if any)
3.a. Page Number 3.b. Part Number 3.c. Item Number
3.d.
4.a. Page Number 4.b. Part Number 4.c. Item Number
4.d.
5.a. Page Number 5.b. Part Number 5.c. Item Number
5.d.
6.a. Page Number 6.b. Part Number 6.c. Item Number
6.d.
7.a. Page Number 7.b. Part Number 7.c. Item Number
7.d.
Page 10 of 10
Filling out the USCIS I-864 form is a crucial step in ensuring the financial stability of those seeking to reside permanently in the United States. This affidavit of support confirms that the immigrant will not become a public charge and has adequate financial backing in the U.S. Understanding the detailed steps involved can simplify this process and help sponsors fulfill their obligations comprehensively.
After submitting the form, the next steps typically involve waiting for a response from the USCIS. They may request additional information or schedule an interview to further verify the information provided. It is essential to respond promptly to any requests from the USCIS and to prepare for the possibility of an interview. Successfully completing and submitting Form I-864 is a significant responsibility that plays a vital role in the immigration process, ensuring that those seeking to live in the United States have the necessary financial support.
What is the USCIS I-864 form?
The USCIS I-864 form, also known as the Affidavit of Support under Section 213A of the INA, is a document required by the U.S. government for most family-based and some employment-based immigrants. The form is a legally enforceable contract in which a sponsor pledges to provide financial support to the immigrant, ensuring that the person will not become a public charge, or financial burden, on the U.S. government. This form demonstrates that the immigrant has adequate means of financial support and is not likely to rely on U.S. public benefits.
Who needs to fill out the I-864 form?
Filling out the I-864 form is required primarily by U.S. citizens or lawful permanent residents who are sponsoring family members applying for a green card. Additionally, some employment-based immigrants may need this form if a relative is their sponsor or if a relative owns a significant portion of the business that is providing employment. It's important for sponsors to understand their responsibilities fully before committing to this obligation.
What are the financial requirements for sponsors using the I-864 form?
Sponsors must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size, including the immigrant(s) they are sponsoring. This requirement ensures that the sponsor has the ability to support the immigrant, as well as any other dependents. The U.S. Department of Health and Human Services (HHS) updates these guidelines annually, so sponsors should check the latest figures to ensure their eligibility.
Can the financial responsibility be shared with another person?
Yes, if the primary sponsor does not meet the income requirements, a joint sponsor can sign a separate I-864 form to accept financial responsibility for the immigrant. The joint sponsor must meet all the same requirements as the primary sponsor, including the income threshold. It's also possible for household members to combine their income with the primary sponsor by submitting Form I-864A, Contract Between Sponsor and Household Member, to help meet the financial threshold.
What happens if the sponsor fails to support the immigrant as agreed?
If the sponsor or joint sponsor fails to provide the promised support, the immigrant, or a government agency providing public benefits to the immigrant, can take legal action against the sponsor to recover the cost of support. This enforceable contract remains in effect until the immigrant becomes a U.S. citizen, has worked 40 quarters credited towards Social Security, leaves the United States permanently, or passes away.
One common mistake many individuals make when completing the USCIS I-864 form is not providing complete financial information. It's crucial to disclose all sources of income, as this form is used to assess the ability to support an immigrant. Omitting or inaccurately reporting income can lead to delays or even the denial of the application.
Another error often encountered is failing to include all required supporting documentation. The I-864 form necessitates various documents, such as tax returns, to substantiate the information entered. Without these documents, the form is considered incomplete, and the submission process is hindered.
Individuals frequently misunderstand their responsibility as a sponsor. It's essential to recognize that by signing the I-864, one is committing to financially support the immigrant if necessary. This obligation is a serious one, and misunderstanding the extent of this commitment can lead to unexpected financial responsibilities.
Incorrectly calculating household size is yet another mistake. The household size impacts the income threshold one needs to meet. If household members are mistakenly included or excluded, it may result in an inaccurate assessment of the sponsor's capability to fulfill their obligations.
Some applicants mistakenly believe that a single I-864 form can cover multiple immigrants. Each sponsored immigrant requires a separate I-864 form. This misunderstanding can delay the application process as additional forms are then required to be correctly submitted.
Forgetting to update the form with current information is a common oversight. In the period between submission and decision, if there are significant changes to financial status or household size, the form should be updated. This ensures that the USCIS has the most accurate information to make their decision.
Another frequent error is not using the most recent version of the I-864 form. The USCIS periodically updates their forms, and submissions made on outdated versions may not be accepted. Always checking for the latest version prior to submitting is crucial to avoid this mistake.
Sometimes, applicants sign the form without dating it, or they use a digital signature when a handwritten signature is required. This can cause the form to be rejected, as a proper signature verifies the sponsor's commitment and agreement to the terms stated on the form.
Choosing the wrong category of sponsorship can also lead to complications. The I-864 form is specific about different sponsorship situations. Selecting the incorrect category not only causes confusion but could also result in processing delays.
Lastly, applicants often submit the I-864 form without thoroughly reviewing it for errors. This final review is crucial to catch any mistakes in personal information, financial details, or discrepancies. Small errors can cause big delays in the overall immigration process.
When individuals sponsor family members for a United States green card, the form USCIS I-864, Affidavit of Support Under Section 213A of the INA, plays a crucial role. This form assures the U.S. government that the immigrant will not become a public charge. However, this form doesn't stand alone in the application process. A handful of other documents are typically required to successfully complete the submission. Here's a glance at six common forms and documents often used alongside the USCIS I-864 form.
In addition to these forms, it's often necessary to include supporting documents such as proof of the sponsor's income, the immigrant's birth certificate, and any applicable legal name change documents. Each of these forms plays a vital part in painting a full picture of the applicant's situation, ensuring that the U.S. Citizenship and Immigration Services (USCIS) has all the information needed to process the application correctly. Getting these documents in order, alongside the I-864, is a significant step towards achieving immigration goals.
The USCIS I-134, Affidavit of Support Form, bears a strong resemblance to the I-864. Both documents serve as a pledge by a sponsor in the United States to support an immigrant financially. While the I-864 is typically used in family-based immigration cases, the I-134 is often employed for temporary visitors who need to demonstrate financial support without implying a permanent immigration intent.
Similar to the I-864, the USCIS Form I-129F, Petition for Alien Fiancé(e), involves a U.S. citizen sponsoring an immigrant. This form specifically aids in bringing a fiancé(e) to the United States, establishing the intention to marry within 90 days of the fiancé(e)'s arrival. Like the I-864, it underscores the sponsor's commitment, albeit in the context of facilitating a fiancé(e)'s immigration for marriage.
The USCIS Form I-130, Petition for Alien Relative, is another document akin to the I-864 in its aim to unite families. This form allows U.S. citizens and lawful permanent residents to sponsor relatives for immigration. Although it does not directly involve financial support, it is often a precursor to the I-864, laying the groundwork for the subsequent affidavit of support once the visa becomes available.
Form I-765, Application for Employment Authorization, shares parallels with the I-864 by impacting an immigrant's financial situation. While the I-864 involves a sponsor's commitment to support the immigrant financially, the I-765 allows the immigrant to seek employment in the U.S., arguably reducing the financial burden on the sponsor.
The Department of State Form DS-260, Immigrant Visa Electronic Application, also connects with the I-864, as both are critical steps in the process of immigrating to the U.S. The DS-260 is the primary immigrant visa application, and its approval is often followed by the submission of the I-864 to prove financial support for the applicant.
Form I-485, Application to Register Permanent Residence or Adjust Status, is intricately linked with the I-864. Applicants looking to adjust their status to that of a lawful permanent resident within the United States must often have an I-864 filed on their behalf, ensuring they will not become public charges.
The USCIS Form I-751, Petition to Remove Conditions on Residence, and the I-864 both address the security of an immigrant's status in the U.S. While the I-751 is used by conditional residents to apply for the removal of conditions on their status after marriage to a U.S. citizen, the I-864 supports this process by demonstrating financial stability, indirectly satisfying some concerns about the genuine nature of the marriage.
Form I-90, Application to Replace Permanent Resident Card, is not directly related to the financial support aspect of the I-864 but is essential for immigrants wishing to maintain lawful status in the U.S., including those who entered with the support of an I-864. This form is used to renew or replace a Green Card, ensuring the immigrant continues to have proof of their lawful status.
The U.S. Department of State's Affidavit of Support Form DS-5540, Public Charge Questionnaire, complements the I-864's function by further assessing an immigrant's likelihood of becoming a public charge. While the I-864 demonstrates financial support from a sponsor, the DS-5540 provides a broader evaluation of the immigrant's financial independence and health, among other factors.
Finally, USCIS Form I-539, Application to Extend/Change Nonimmigrant Status, while not directly tied to the financial sponsorship in the I-864, is relevant for nonimmigrants who seek to extend their stay or change their status in the U.S. This form highlights the need for adequate support during their stay, which parallels the I-864's role in ensuring immigrants have financial backing.
When completing the USCIS I-864 form, also known as the Affidavit of Support, it's crucial to provide accurate and up-to-date information. This form is a legally enforceable contract between the sponsor (the person submitting Form I-864) and the U.S. government, designed to show that an immigrant has adequate means of financial support and is not likely to become a public charge. Here are important dos and don'ts to consider:
Do:
Don't:
When it comes to navigating the complexities of immigration law, the USCIS Form I-864, Affidavit of Support, emerges as a pivotal document. Yet, misconceptions cloud its understanding, leading to confusion and errors. Let's debunk some common myths surrounding the I-864 form, shedding light on its purpose and requirements.
It's just a formality. Many people believe the I-864 is merely a procedural step without real consequence. However, this document is legally binding. By signing it, the sponsor commits to financially support the intending immigrant, ensuring they do not become a public charge.
Income is the only factor that matters. While meeting the income requirements is crucial, it's not the sole consideration. Assets can also be used to meet the financial requirements, and the sponsor's employment history and stability are also reviewed.
Signing the I-864 doesn’t impose long-term responsibilities. Contrary to this belief, the obligations under Form I-864 continue until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (approximately 10 years), permanently leaves the United States, or dies. Divorce does not terminate the agreement.
Any citizen or permanent resident can be a sponsor. Not everyone qualifies. Sponsors must demonstrate they have income or assets above 125% of the Federal Poverty Guidelines and meet other requirements, such as filing taxes and being at least 18 years old.
The sponsored immigrant cannot become a public charge under any circumstances. While Form I-864 is designed to prevent this, there are exceptions. Certain benefits, such as emergency medical assistance or disaster relief, do not constitute a violation of the public charge rule.
Joint sponsors can withdraw their support anytime. Once the form is accepted by USCIS, a joint sponsor's obligations are as binding as the primary sponsor's until the conditions for termination are met. Premature withdrawal is not an option.
Filling it out correctly is easy and doesn’t require review. This assumption can lead to mistakes, delays, or denials. The I-864 form requires meticulous attention to detail and an understanding of nuanced requirements. Professional review is often beneficial.
The same form is used regardless of the immigrant’s relationship to the sponsor. While the I-864 is widely applicable, variations like the I-864EZ for certain spouse petitions exist. Using the correct form is critical for a smooth process.
Understanding these misconceptions is the first step towards a successful immigration process. The I-864 form embodies the complexities and responsibilities of becoming a sponsor, underscoring the importance of due diligence and informed preparation.
The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document that plays a significant role in the immigration process for family-based applicants and some employment-based applicants coming to the United States. Below are four key takeaways to keep in mind when filling out and using this form:
California Corrective Deed - Government agencies might require a Scrivener's Affidavit for the correction of public records, such as birth certificates or marriage licenses, where precision is crucial for legal identification purposes.
Form I-20 - The I-20 includes a section for employment authorization, listing details like type, start and end dates of employment.