The USCIS I-864 form, also known as the Affidavit of Support, plays a pivotal role in the U.S. immigration process. It is a legally binding document used by sponsors to demonstrate their financial ability to support immigrants coming to the United States. This form ensures that immigrants have adequate means of financial support and are not likely to rely on public benefits.
The journey to becoming a permanent resident in the United States is paved with various legal steps and requirements, one of which involves the USCIS I-864 form, also known as the Affidavit of Support. This critical document serves as a testament by a sponsor, usually a family member, to the U.S. government, affirming their commitment to financially support the immigrant seeking residency. The form is designed to ensure that the immigrant does not become a public charge, a term indicating reliance on government financial assistance. It underscores the importance of having a reliable support system while transitioning to life in a new country. Completing the I-864 form accurately is crucial, as it establishes a binding contract between the sponsor and the U.S. government, with significant legal implications for both parties involved. Misunderstandings or errors in the form can lead to delays or denials in the immigration process, making it essential for sponsors and immigrants alike to fully understand the document’s requirements and the serious nature of the obligations it entails.
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
After deciding to support a family member or employee in their quest for permanent residency in the United States, filling out the USCIS I-864 form, or Affidavit of Support, is the next critical step. This document acts as a legal contract between the sponsor and the U.S. government, affirming that the immigrant will not become a public charge. By completing this form, sponsors commit to financially supporting the immigrant until they become U.S. citizens or can be credited with 40 quarters of work. The process might seem complex, but breaking it down into clear steps can simplify it. Here's how to properly complete the USCIS I-864 form.
Once submitted, your document will be reviewed by USCIS for completeness and compliance with the support requirements. This review process is thorough, as the U.S. government needs to ensure that immigrants have adequate support upon arriving in the country. During this time, it's important to respond promptly to any requests from USCIS for additional information or clarification. Successfully completing the USCIS I-864 form is a significant step towards helping your relative or employee achieve their dream of living permanently in the United States.
What is the USCIS I-864 Form?
The USCIS I-864 form, also known as the Affidavit of Support, is a document a sponsor fills out to accept financial responsibility for a family member who is seeking to become a permanent resident of the United States. This form is a legally enforceable contract with the U.S. government, ensuring that the immigrant will not become a public charge.
Who needs to file the I-864 Form?
Any U.S. citizen or lawful permanent resident who wants to sponsor a relative for permanent residency in the U.S. is required to file the I-864 Form. This includes sponsors of employment-based immigrants if a family member has a significant ownership interest in the business that filed the immigrant petition.
What are the income requirements for a sponsor?
Sponsors must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size, including the family member being sponsored. Active duty U.S. military members only need to meet 100% of the Federal Poverty Guidelines when sponsoring a spouse or child.
Can a joint sponsor help meet the income requirement?
Yes, if the primary sponsor does not meet the income requirements, a joint sponsor who can meet the financial criteria may submit a separate I-864 to accept financial responsibility. Each sponsor is held legally accountable for the financial obligations.
What evidence do I need to provide with the I-864 Form?
How long is the sponsor financially responsible for the immigrant?
The sponsor's financial responsibilities last until the immigrant becomes a U.S. citizen, has earned 40 quarters of work (about 10 years), dies, or permanently leaves the United States. The obligation cannot be canceled except under these conditions.
What happens if the sponsored immigrant receives public benefits?
If the immigrant uses certain public benefits, the agency that provided the benefits can require the sponsor to repay the cost. Legal action can be taken against the sponsor if they fail to repay the agency.
Is the I-864 Form necessary for each family member being sponsored?
Yes, a separate I-864 form must be filed for each family member being sponsored. However, they can be filed together in the same envelope. This ensures each family member has a sponsor taking financial responsibility for them.
Filling out the USCIS I-864 form, known as the Affidavit of Support, is a critical step for individuals sponsoring a family member who seeks to become a permanent resident of the United States. Unfortunately, many make errors in this process, which can result in delays or denials. Understanding these common mistakes can significantly enhance the success rate of these applications.
One common mistake is not providing sufficient evidence of income. Sponsors must meet a specific income threshold to prove that they can support the immigrant, usually at least 125% of the Federal Poverty Guidelines. However, merely stating one's income without providing adequate supporting documents such as tax returns, W-2 forms, or pay stubs can lead to rejection. Ensuring all necessary financial documentation is submitted is crucial.
Another error involves not updating the form when necessary. The USCIS I-864 form is subject to change, and using an outdated version can result in the application being rejected. Sponsors should always download the most current version of the form directly from the USCIS website to ensure they are filling out the correct document.
Some sponsors incorrectly believe that signing the I-864 form is a mere formality and fail to recognize the serious legal obligations it entails. This document is a legally binding contract between the sponsor and the U.S. government, stating that the sponsor will financially support the immigrant. Not understanding the extent of this commitment can lead to legal complications down the line.
Filling the form out incompletely is another prevalent issue. Every question on the I-864 form must be answered, even if the response is "None" or "N/A" (not applicable). Leaving sections blank can lead to processing delays or a determination that the application is incomplete.
Mistaking household size can also complicate matters. The sponsor must accurately calculate their household size when completing the form, including themselves, the immigrants they are sponsoring, and any other dependents. An incorrect household size can affect the income requirement calculations, potentially resulting in an application denial.
A misconception that can lead to errors is the belief that once the immigrant becomes a permanent resident, the sponsor's financial obligations cease. In reality, the commitment generally lasts until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (approximately 10 years), departs the United States permanently, or passes away. Sponsors should be fully aware of this long-term obligation before agreeing to it.
Finally, another mistake is failing to notify USCIS of any address changes during the application process. The sponsor must ensure that all correspondence from USCIS reaches them promptly. Failure to receive and respond to requests for additional information can delay or derail the application process.
By being mindful of these common pitfalls and carefully preparing the USCIS I-864 form, sponsors can help ensure a smoother path to residency for their family members. Proper documentation and an understanding of the form's legal implications are vital steps towards achieving a successful sponsorship.
The USCIS Form I-864, or Affidavit of Support, plays a pivotal role in the immigration process for those seeking to become lawful permanent residents in the United States. This document is a legal contract between a sponsor (often a family member) and the U.S. government, providing assurance that the immigrant will not become a public charge. However, the I-864 doesn’t stand alone in the application process. Other forms and documents often accompany it, each serving a unique purpose in helping establish eligibility and responsibility. Let’s explore four of these important documents.
These forms and documents work in concert to build a comprehensive application package for those seeking to live permanently in the U.S. The form I-864 ensures the government that immigrants have adequate support and will not need to rely on public benefits. As such, understanding each document’s role and requirements is crucial for a smooth and successful immigration process.
I-134, Affidavit of Support: This document is quite similar to the I-864 because both serve as a pledge from a sponsor in the United States to support an immigrant financially. The main difference lies in their use cases; the I-134 is typically used for temporary visits, while the I-864 is required for family-based immigrant visa applications.
DS-260, Immigrant Visa Electronic Application: The DS-260 is an online form that needs to be filled out by individuals applying for a U.S. immigrant visa. Like the I-864, it's a crucial step in the process for someone seeking to immigrate to the United States. Both forms collect detailed personal information but serve different functions in the immigration process.
Form I-130, Petition for Alien Relative: This form is used by U.S. citizens or lawful permanent residents to establish a relationship with an applicant for an immigrant visa. It is similar to the I-864 in that both are necessary steps for family members to legally immigrate to the United States.
Form I-485, Application to Register Permanent Residence or Adjust Status: Like the I-864, the I-485 is a core part of the process for individuals seeking to become lawful permanent residents of the U.S. While the I-864 deals with financial support, the I-485 is focused on the applicant’s eligibility for residency.
Form I-751, Petition to Remove Conditions on Residence: This form is filed by conditional residents who obtained status through marriage and is similar to the I-864 in the context of family immigration. Both forms help to ensure that family members can remain together in the United States under the appropriate legal status.
Form N-400, Application for Naturalization: The N-400 is the form used by permanent residents to apply for U.S. citizenship. While it is a step towards a different legal status, it shares the ultimate goal of the I-864, which is to help non-U.S. citizens solidify their ties and commitment to the United States.
Form I-765, Application for Employment Authorization: This document allows non-U.S. citizens to work legally in the United States. Both the I-765 and the I-864 are essential for immigrants to establish their financial independence and stability in the country, although they focus on different aspects of the financial equation.
When filling out the USCIS I-864 form, also known as the Affidavit of Support, it's important to proceed with care and accuracy. This document is a legal contract between a sponsor and the U.S. government, ensuring that the immigrant will not become a public charge. Here are several do's and don'ts to consider:
Do's:
Don'ts:
Understanding the USCIS (U.S. Citizenship and Immigration Services) I-864 form, also known as the Affidavit of Support, can be tricky. Misconceptions about this form are common. Here, we clarify some of these misunderstandings to help individuals navigate this aspect of the immigration process more effectively.
Grasping the realities of the I-864 form is crucial for both sponsors and immigrants. Misunderstandings can lead to unexpected obligations or issues in the immigration process. When in doubt, consulting with an immigration attorney or professional can offer clarity and guidance.
Filling out and using the USCIS I-864 form, known as the Affidavit of Support, is a crucial step for individuals supporting an immigrant applying for a U.S. green card. Understanding the key aspects of this process can ensure that the affidavit is completed accurately, which is essential for the immigrant's successful application. Here are eight key takeaways about this form:
The USCIS I-864 form is legally binding. By signing it, the sponsor commits to financially supporting the immigrant until they become U.S. citizens, can be credited with 40 quarters of work (usually 10 years), die, or permanently leave the United States.
All sponsors must meet income requirements to be eligible. These requirements are typically at least 125% of the Federal Poverty Guidelines for their household size, including the immigrant.
Documentation is key. Sponsors need to provide their most recent tax returns, W-2s, and other proof of income to establish their ability to support the immigrant.
If the primary sponsor does not meet the income requirements, a joint sponsor can be enlisted. This person must also fill out a separate I-864 form and meet all the same criteria as the primary sponsor.
Accuracy cannot be overstated. Completing the USCIS I-864 form with inaccurate information can delay or derail the immigrant's application process.
Updating the USCIS is required if there are significant changes to the sponsor's financial situation. If a sponsor's ability to meet the income requirements changes, they must notify the USCIS.
The I-864 form is only part of the overall immigration application process but is one of the most critical documents for family-based applicants.
Legal advice can be invaluable. Given the complexities and legal obligations involved, consulting with an immigration attorney can help navigate the process more smoothly.
It is essential for sponsors to take their responsibilities seriously when completing the USCIS I-864 form. The commitment made when signing this form plays a pivotal role in the immigrant's journey to becoming a permanent resident of the United States. Proper completion and understanding of all obligations are fundamental to supporting this transition.
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