Form I-864, also known as the Affidavit of Support, is a legally binding promise you make to financially support a foreign national who is immigrating to the United States. Think of it like a safety net, ensuring that your loved one has the financial means to support themselves and won’t need to rely on government assistance.
Navigating the complexities of U.S. immigration law can be challenging, especially when it comes to sponsoring family members. Form I-864 plays a pivotal role in this process, serving as a contract between you, the sponsor, and the U.S. government. This comprehensive guide will delve into the details of Form I-864, exploring its purpose, eligibility requirements, financial obligations, and potential implications. Whether you’re sponsoring a spouse, a relative, or an employee, understanding Form I-864 is crucial to ensuring a smooth and successful immigration journey for your loved one.
Table of Contents
Official Form I-864
Who Needs to File Form I-864?
Form I-864 is generally required for most family-based immigration cases and some employment-based cases where the employer is a relative of the immigrant. It’s like a financial guarantee, assuring the U.S. government that the immigrant won’t become a burden on public resources.
Specifically, you’ll need to file Form I-864 if you are:
- A U.S. citizen or lawful permanent resident sponsoring a family member for a green card.
- A U.S. employer who is also a relative of the immigrant you’re sponsoring for an employment-based green card.
What are the Eligibility Requirements for Filing Form I-864?
To be eligible to file Form I-864, you must meet certain criteria:
- U.S. Citizenship or Lawful Permanent Residence: You must be a U.S. citizen or a green card holder. It’s like being a member of a club before you can invite someone else to join.
- Age: You must be at least 18 years old.
- Domicile in the U.S.: You must live, or be domiciled, in the U.S. This means your primary residence and place of employment are in the U.S.
- Financial Capacity: You must meet the minimum income requirements to demonstrate your ability to financially support the immigrant. You must show that your income is at least 125 percent of the current Federal Poverty Guidelines
What are the Financial Obligations of an Affidavit of Support?
By signing Form I-864, you’re making a legally enforceable promise to support the immigrant financially.
Your obligations include:
- Maintaining sufficient income: You must ensure that your household income remains above the minimum requirements set by the Federal Poverty Guidelines.
- Providing financial support: If the immigrant’s income falls below the poverty guidelines, you must provide financial assistance to bring them above that level.
- Reimbursing the government: You might be required to reimburse the government for any means-tested public benefits the immigrant receives, such as food stamps or cash assistance.
When Do My Sponsorship Responsibilities End?
Your financial obligations under the Affidavit of Support typically end when one of the following occurs:
- The immigrant becomes a U.S. citizen.
- The immigrant can be credited with 40 quarters of work in the U.S. (usually 10 years).
- The immigrant departs the U.S. permanently.
- The immigrant passes away.
It’s important to note that divorce does not terminate your sponsorship responsibilities.
What if I Don’t Meet the Income Requirements?
Meeting the minimum income requirement is crucial for sponsoring a family member. But what if your income falls short? Don’t worry, there are options available!
- Joint Sponsor: You can find a joint sponsor who meets the income requirements and is willing to share the financial responsibility. It’s like having a co-signer for a loan; they help you meet the financial threshold.
- Household Member’s Income: You can include the income of a household member, such as your spouse or an adult child, to help meet the requirements. It’s like combining your resources to reach a common goal.
- Assets: You can use your assets, such as savings, stocks, or property, to supplement your income and meet the requirements. It’s like showing that you have a financial backup plan.
What are the Different Types of Form I-864?
Form I-864 comes in different versions, each tailored to specific situations. It’s like having different tools for different tasks; you need to choose the right one for the job.
- Form I-864: This is the standard Affidavit of Support form used in most cases.
- Form I-864EZ: This is a simplified version for certain straightforward cases, such as when you’re sponsoring only one relative and your income is solely from salary or pension.
- Form I-864A: This is used when you need to include a household member’s income to meet the requirements.
- Form I-864W: This is a request for an exemption from the Affidavit of Support requirement, typically used when the immigrant has already worked 40 quarters in the U.S.
It’s crucial to choose the correct version of Form I-864 for your specific situation.
How Can I Fill Out Form I-864 Correctly?
Form I-864 requires detailed information about your finances and household. It’s like filling out a tax form; accuracy and completeness are essential.
Here are some tips for completing Form I-864 correctly:
- Gather all necessary documents: This includes your tax returns, pay stubs, bank statements, and any other documents that prove your income and assets.
- Follow the instructions carefully: The form comes with detailed instructions, so read them thoroughly before filling it out.
- Be honest and accurate: Provide truthful information about your finances and household.
- Seek help if needed: If you’re unsure about any part of the form, don’t hesitate to ask for help from an immigration attorney or a qualified tax preparer.
Can I File Form I-864 Online?
Yes, you can file Form I-864 online if you received it through the National Visa Center (NVC). You can submit it electronically through the Consular Electronic Application Center (CEAC).
If you’re filing Form I-864 directly with USCIS, you can mail it to the USCIS Chicago lockbox.
Frequently Asked Questions
- How long is Form I-864 valid?
- Form I-864 doesn’t expire unless the sponsored immigrant becomes a U.S. citizen, works 40 quarters in the U.S., or leaves the U.S. permanently.
- Can I withdraw my Affidavit of Support?
- Generally, you cannot withdraw your Affidavit of Support once it’s been submitted and the immigrant has obtained their green card.
- What happens if my income decreases after I file Form I-864?
- If your income decreases significantly, you might need to find a joint sponsor or use assets to meet the income requirements.
- Can I be sued by the sponsored immigrant if I don’t fulfill my financial obligations?
- Yes, the sponsored immigrant can sue you for failing to meet your obligations under the Affidavit of Support.
Final Words
Form I-864, the Affidavit of Support, is a crucial document in the U.S. immigration process, demonstrating your commitment to supporting your sponsored immigrant financially. By understanding the requirements, obligations, and potential implications of this form, you can ensure a smooth and successful immigration journey for your loved one.
Remember, seeking guidance from an immigration attorney can be invaluable in navigating the complexities of Form I-864 and ensuring you meet all the necessary criteria. With careful preparation and a clear understanding of your responsibilities, you can confidently sponsor your family member or employee and help them achieve their American dream.
