The Affidavit of Support, Form I-864, is a critical document in U.S. immigration processes, particularly for family-based immigrant visa applications. Here’s what you need to know about Form I-864:
- Purpose: Form I-864 is a legally binding contract between a sponsor (a U.S. citizen or lawful permanent resident) and the U.S. government. By signing this form, the sponsor agrees to financially support the intending immigrant(s) to ensure they do not become a public charge.
- Who Needs It: The sponsor must submit Form I-864 if they are petitioning for a family member to immigrate to the United States. This includes immediate relatives (spouses, parents, and unmarried children under 21) as well as other family-sponsored preference categories.
- Financial Responsibility: By signing Form I-864, the sponsor agrees to provide financial support to the sponsored immigrant(s) at an income level not less than 125% of the Federal Poverty Guidelines. This commitment typically lasts until the immigrant becomes a U.S. citizen, has earned 40 quarters of work credit, dies, or leaves the United States permanently.
- Joint Sponsorship: If the sponsor’s income does not meet the minimum requirements, a joint sponsor who is a U.S. citizen or lawful permanent resident may be used to supplement the financial support. Both the sponsor and joint sponsor are equally responsible for supporting the immigrant(s).
- Documentation: The sponsor must provide documentation to prove their income, such as tax returns, W-2 forms, pay stubs, and bank statements. If the sponsor’s income is insufficient, they may need to demonstrate assets or have a joint sponsor with adequate income.
- Enforcement: Form I-864 is legally enforceable, meaning the sponsor can be sued by the U.S. government, state government, or sponsored immigrant(s) to recover any means-tested public benefits received by the immigrant(s). This obligation remains in effect even after divorce or separation between the sponsor and the sponsored immigrant(s).
- Submission: Form I-864 is typically submitted along with the immigrant visa application or adjustment of status application (if the immigrant is already in the United States). The form must be signed and dated by the sponsor under penalty of perjury.
- Updates and Revisions: It’s essential to use the most current version of Form I-864 and follow the instructions provided by the U.S. Citizenship and Immigration Services (USCIS) to avoid processing delays or rejection of the application.
- Review and Consultation: Completing Form I-864 can be complex, and mistakes can have significant consequences. It’s advisable to review the instructions carefully and, if necessary, seek guidance from an immigration attorney or accredited representative to ensure compliance with all requirements.
Understanding the obligations and requirements of Form I-864 is crucial for sponsors and immigrants alike to navigate the immigration process successfully and avoid potential legal issues in the future.
Affidavit of Support Checklist – Form I-864
An affidavit of support is a legal document often required in immigration processes, particularly in the United States. Form I-864, officially titled “Affidavit of Support Under Section 213A of the INA,” is used to sponsor a family member or other relative for immigration to the U.S. The sponsor (usually a U.S. citizen or lawful permanent resident) completes this form to show that they have the financial means to support the immigrant(s) and prevent them from becoming a public charge.
Here’s Form I-864 checklist to help you ensure you have all the necessary information and documents when completing Form I-864:
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Basic Information:
- Full name, address, and contact information of the sponsor (petitioner).
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Information about the Immigrant:
- Full name of the intending immigrant(s) being sponsored.
- Relationship to the sponsor.
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Income Information:
- Documentation of income (e.g., W-2 forms, tax returns) to demonstrate that the sponsor meets the income requirements set by the U.S. government.
- If the sponsor’s income is insufficient, they may need to provide evidence of assets or a joint sponsor who can also financially support the immigrant.
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Supporting Documents:
- Copies of recent federal income tax returns (usually for the past three years).
- Proof of current employment, such as pay stubs or a letter from the employer.
- If self-employed, evidence of income and business ownership.
- Documentation of any additional sources of income, such as rental income or investments.
- Bank statements and other financial records to substantiate the sponsor’s financial stability.
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Proof of Citizenship or Lawful Permanent Residence:
- Copy of the sponsor’s birth certificate, passport, or certificate of naturalization/citizenship.
- If a lawful permanent resident, a copy of the green card.
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Other Supporting Documents:
- If applicable, evidence of any prior sponsorship obligations and their termination.
- Any additional documents requested by the U.S. Citizenship and Immigration Services (USCIS) or consular office handling the case.
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Translations:
- If any documents are not in English, certified translations must be provided.
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Signatures:
- The sponsor must sign the Form I-864 under penalty of perjury, certifying the accuracy of the information provided.
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Fees:
- Check the USCIS website for the current filing fee for Form I-864 and include payment with the application.
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Check for Updates:
- Review the latest version of Form I-864 and instructions on the USCIS website to ensure compliance with current requirements.
Before submitting Form I-864, it’s essential to carefully review all instructions and requirements to avoid delays or complications in the immigration process. Additionally, seeking assistance from an immigration attorney or accredited representative can provide valuable guidance and ensure that all necessary documentation is properly prepared and submitted.
Joint Sponsor Checklist of Documents
When serving as a joint sponsor for an affidavit of support (Form I-864) in a U.S. immigration application, you must provide various documents to demonstrate your financial ability to support the sponsored immigrant(s). Here’s a joint sponsor checklist of documents typically required:
- Completed Form I-864: Fill out and sign Form I-864, Affidavit of Support Under Section 213A of the INA, providing your personal information and financial details.
- Proof of Citizenship or Lawful Permanent Residence: Include a copy of your birth certificate, passport, or certificate of naturalization/citizenship if you are a U.S. citizen. If you are a lawful permanent resident, include a copy of your green card.
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Income Documentation:
- Copies of your most recent federal income tax returns (usually for the past three years).
- W-2 forms for the most recent tax year.
- If self-employed, provide a copy of your Schedule C from your tax returns and any other relevant business documentation.
- If applicable, provide evidence of any additional sources of income, such as rental income, dividends, interest, etc.
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Proof of Employment:
- Pay stubs or an employment verification letter from your employer indicating your current job, salary, and duration of employment.
- If self-employed, provide evidence of your business ownership and income.
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Assets Documentation (if using assets to meet income requirements):
- Bank statements for checking and savings accounts.
- Documentation for other assets, such as stocks, bonds, real estate, retirement accounts, etc.
- Appraisal documents for valuable assets (if applicable).
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Supporting Documents:
- Explanation of any significant fluctuations in income or employment history.
- Any additional documents requested by the U.S. Citizenship and Immigration Services (USCIS) or consular office handling the case.
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Translations: If any documents are not in English, provide certified translations.
- Certification and Signature: Sign the Form I-864 under penalty of perjury to certify the accuracy of the information provided.
- Fees: Check the USCIS website for the current filing fee for Form I-864 and include payment with the application if required.
It’s essential to review the latest version of Form I-864 and instructions provided by USCIS to ensure compliance with all requirements. Additionally, seek guidance from an immigration attorney or accredited representative if you have any questions or concerns about the affidavit of support process.
