The USCIS I-864 form, also known as the Affidavit of Support, is a document required by the United States Citizenship and Immigration Services. It is a legally enforceable agreement where a sponsor agrees to support a family member applying for a green card, ensuring the immigrant does not become a public charge. This form plays a crucial role in the immigration process, demonstrating the financial stability of the immigrant through the sponsorship.
The journey to securing permanent residency in the United States is paved with various forms and requirements, among which the USCIS I-864, Affidavit of Support, stands out as a critical document. This form essentially serves as a legally enforceable agreement where the sponsor commits to supporting the immigrant financially. The purpose behind the I-864 is to ensure that the immigrant does not become dependent on public benefits, reinforcing the premise that newcomers should be self-sufficient. A sponsor, usually a family member or in some cases a close friend, must demonstrate through this form that they have the financial capacity to support the immigrant at an income level that is at least 125% of the Federal Poverty Guidelines. This requirement underscores the U.S. government's approach to minimize the financial strain on social services. Notably, the process of completing and submitting the I-864 involves a thorough documentation review, including tax returns, employment letters, and other financial records, to establish the sponsor’s income level. Its preparation and successful submission are paramount, as they directly influence the outcome of the immigrant's application for permanent residency. Therefore, understanding the nuances and implications of the I-864 is essential for both the sponsor and the immigrant to navigate this stage of the immigration process effectively.
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
The USCIS Form I-864, also known as the Affidavit of Support, is a critical document used in the immigration process. This form is required for most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to become a public charge. Properly completing and submitting this form is essential to ensure a smooth application process. Here are the steps you need to follow to fill out the USCIS I-864 form accurately:
After submitting the form, the next steps involve waiting for a response from USCIS. This could be a request for additional evidence (if needed) or a notification of the decision made regarding the affidavit of support. It's important to respond promptly to any requests from USCIS and to check the status of your application regularly. Ensuring that the I-864 form is correctly filled out and submitted with the necessary supporting documents is crucial for the success of the immigration process.
What is the USCIS I-864 form and who needs to complete it?
The USCIS I-864 form, also known as the Affidavit of Support, is a document that a sponsor fills out to accept financial responsibility for someone who is coming to the United States to live permanently. This form is typically required for family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support.
How can someone determine if they are eligible to be a sponsor on the I-864 form?
To be eligible to be a sponsor on the I-864 form, a person must be at least 18 years old, a citizen or lawful permanent resident of the United States, and have an income at or above 125% of the Federal Poverty Guidelines for their household size, unless exceptions apply. The sponsor must also have a domicile in the United States or a U.S. territory.
What documents are required to accompany the I-864 form?
Accompanying the I-864 form, sponsors must submit their most recent U.S. federal income tax returns, proof of current employment or self-employment, and evidence of their U.S. citizenship or lawful permanent resident status. In certain cases, additional documentation might be requested by the USCIS, such as proof of assets, if the sponsor's income does not meet the necessary threshold.
What happens if the sponsor does not meet the financial requirements?
If the sponsor does not meet the financial requirements alone, they may include the income and assets of a household member by submitting a separate Form I-864A, Contract Between Sponsor and Household Member, or find a joint sponsor who meets the financial requirements. A joint sponsor must complete their own I-864 form and provide all required documents, just as the primary sponsor is required to do.
Filling out the USCIS I-864 form, also known as the Affidavit of Support, is a critical step for individuals sponsoring a family member’s application to become a U.S. permanent resident. However, errors can easily occur during this process. It's essential to approach this task carefully to avoid common pitfalls that could delay or jeopardize the application. Here are 10 mistakes people frequently make:
Not updating personal information: It's crucial to provide current details. Any changes in address, employment, or marital status since the last filing should be updated on the form.
Failing to include all required financial documents: Tax returns, W-2s, and pay stubs are necessary to confirm the sponsor's income. Omitting any of these can result in delays.
Incorrectly calculating household size: The household size determines the income threshold needed. Including or excluding members incorrectly can lead to issues with eligibility.
Not using the most recent form: USCIS periodically updates forms. Using an outdated version can result in the application being rejected.
Leaving sections blank: If a question does not apply, write “N/A” or “none.” Completely blank sections might be mistaken for oversights.
Signature omissions: Both the sponsor and the immigrant must sign the form. Missing signatures can cause unnecessary delays.
Misunderstanding the role of joint sponsors: When additional financial supporters are necessary, their obligations and the need for their own I-864 forms must be clearly understood.
Incorrectly reporting assets: Some individuals choose to meet income requirements by including assets. Misreporting values or types can be problematic.
Assuming exempt status without verification: Certain applicants may be exempt from the Affidavit of Support. Assuming this without official confirmation can lead to application denial.
Underestimating the importance of the form: Viewing this document as merely a formality can lead to careless mistakes. It is a legally binding document, and its accuracy is paramount.
Avoiding these mistakes requires attention to detail and a thorough understanding of the form's requirements. When in doubt, seeking advice from legal experts or utilizing resources offered by USCIS can provide additional support.
When individuals or families embark on the immigration journey to the United States, a significant step involves ensuring the immigrant will have financial support. The USCIS Form I-864, also known as the Affidavit of Support, plays a crucial role in this process. It is a document through which a sponsor agrees to provide financial support to the immigrant, ensuring they do not rely on public benefits. However, the I-864 form rarely stands alone in the application process. Several other forms and documents are typically required to substantiate the information provided and fulfill the application requirements fully.
In summary, while the USCIS Form I-864 is a cornerstone document in ensuring immigrants will not become a public charge, it is part of an ecosystem of forms and documents. Each plays its role in articulating the immigrant's pathway to lawful permanent residency in the U.S. The process is multifaceted and requires careful attention to detail, ensuring that every form and document presented fulfills its intended purpose and contributes to a successful application.
The USCIS I-864 form, or Affidavit of Support, shares similarities with the I-134, Affidavit of Support Form. Both documents are used to establish that an immigrant will not become a public charge while in the United States. The I-864 is typically used for family-based visa applications, whereas the I-134 is utilized for nonimmigrant visa applicants. Each form acts as a legally enforceable contract between the sponsor and the U.S. government, ensuring the immigrant has adequate financial support.
Similarly, the Form I-864A, Contract Between Sponsor and Household Member, complements the I-864. It allows household members to combine their income with the primary sponsor to meet the income requirements for sponsoring immigrants. This form serves as a contractual agreement between the sponsor, the household member, and the U.S. government, binding the household member to help support the immigrant financially.
The Form I-129F, Petition for Alien Fiancé(e), also has comparable attributes to the I-864 in that it involves the financial aspects of sponsoring an immigrant. While the I-129F specifically deals with petitioning a fiancé(e) to enter the U.S., it requires proof of the petitioner's ability to financially support the fiancé(e), similar to the obligations under the I-864 for family-based visa applications.
The USCIS Form I-765, Application for Employment Authorization, shares a tangential similarity with the I-864 in the context of financial self-sufficiency. Though the I-765 primarily enables immigrants to work legally in the U.S., gainful employment similarly helps ensure that the immigrant does not become a public charge, adhering to the principle behind the I-864.
The DS-260, Immigrant Visa Electronic Application, is another form that intersects with the intent behind the I-864. While the DS-260 is the primary immigration form processed by consular offices abroad for those seeking to immigrate to the U.S., applicants might need to demonstrate that they will not become a public charge, echoing the financial assurance provided by the I-864.
Another related document is Form I-485, Application to Register Permanent Residence or Adjust Status, which requires proof of financial support under certain circumstances. Applicants may need to submit an I-864 with their I-485 application if they are applying based on family sponsorship, thus ensuring they have the financial means to live in the U.S. without becoming a public charge.
The Form I-130, Petition for Alien Relative, is fundamentally linked to the I-864 as well. The I-130 initiates the process of bringing a family member to the U.S. and often necessitates the subsequent filing of an I-864 to prove that the incoming family member will have adequate financial support and not rely on government assistance.
Lastly, the DS-5540, Public Charge Questionnaire, serves a purpose akin to the I-864. Introduced to assess the likelihood of an immigrant becoming a public charge, the DS-5540 requires detailed information about the immigrant’s financial status, mirroring the financial scrutiny conducted through the I-864 form. However, the DS-5540 is applied more broadly in consular processing and adjustment of status cases.
Filling out the USCIS I-864 form, also known as the Affidavit of Support, is a critical step for sponsors pledging financial support to immigrants coming to the United States. Ensuring accuracy and completeness in this process is paramount. Here are 10 dos and don'ts to keep in mind:
When it comes to sponsoring an immigrant to the United States, the USCIS Form I-864, or Affidavit of Support, plays a crucial role. However, there are several misconceptions about this form that can confuse sponsors and immigrants alike. Let's clarify some of these common misunderstandings.
Only the petitioner needs to fill it out: A common misconception is that only the person who petitioned (the petitioner) for the immigrant needs to complete the I-864. In reality, if the petitioner does not meet the income requirements, a joint sponsor may also need to fill out a separate I-864 form to ensure the immigrant has enough financial support.
It's a one-time responsibility: Many believe that once the immigrant obtains their green card, the sponsor's responsibilities outlined in the I-864 are over. This is incorrect. The obligations continue until the immigrant becomes a U.S. citizen, has worked 40 quarters credited toward Social Security (about 10 years), leaves the U.S. permanently, or dies.
Submitting the form guarantees the immigrant's visa or green card: Filling out the I-864 does not automatically ensure that the immigrant will receive a visa or green card. The form is part of the overall application process, which includes eligibility criteria that the immigrant must meet.
Financial information is not verified by USCIS: This is another common misunderstanding. The U.S. Citizenship and Immigration Services (USCIS) can, and often does, verify the financial information provided in the form. This may include asking for additional documentation or clarification.
You can withdraw the affidavit at any time: Once the I-864 is submitted and the immigrant has been granted permanent residence, the sponsor cannot simply withdraw their support if the relationship with the immigrant changes. The commitment is legally binding.
Divorce nullifies the I-864 obligations: Divorcing the immigrant you sponsored does not terminate the obligations under the I-864. The sponsor's financial responsibility continues regardless of the marital status, until one of the termination conditions mentioned earlier is met.
The immigrant won't actually claim financial support: Some sponsors complete the form believing the immigrant will never actually seek financial support. It's important to understand that if the immigrant does not receive enough income to maintain a minimum level of income (125% of the Federal Poverty Guidelines), they have the right to sue the sponsor for support.
Understanding these aspects of the USCIS Form I-864 is crucial for both sponsors and immigrants to ensure a smooth immigration process. Misconceptions can lead to unexpected obligations and legal challenges, so it's important to approach this responsibility with accurate information and serious consideration.
The USCIS I-864 form, or Affidavit of Support, plays a pivotal role in the United States immigration process, serving as a legal document to show that a visa applicant has adequate financial support and will not rely on government assistance. It's essential for sponsors to understand the implications and requirements of completing this form accurately. Below are four key takeaways regarding the filling out and usage of the I-864 form:
In summary, successfully completing and submitting the USCIS I-864 form is a complex process that requires meticulous attention to detail and a comprehensive understanding of the sponsor's responsibilities. Sponsors should consider seeking legal guidance to navigate this process effectively and ensure compliance with all legal requirements.
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