Understanding the Requirements of Form I-864, Affidavit of Support

Form I-864, also known as the Affidavit of Support Form, is an essential document for U.S. citizens and lawful permanent residents who are looking to sponsor an immigrant for legal permanent residence in the United States. This form serves as a legally binding contract between the sponsor and the U.S. government, and is intended to ensure that the sponsored immigrant will not become a public charge during their time in the U.S.

The Form I-864 includes information about the sponsor, such as their address, contact information, and annual income and assets. It also includes information about the sponsored immigrant, including their name, date of birth, country of origin, and immigration status. The sponsor is responsible for submitting the form, along with several other supporting documents, to U.S. Citizenship and Immigration Services (USCIS) or U.S. Department of State. As part of the process, the sponsor must also provide evidence that they meet the income requirements. In this blog post, we will discuss the purpose of the form, what information it requires, and how to complete it.


What is an Affidavit of Support?

Form I-864, also known as the Affidavit of Support, is an essential immigration form used by the US Department of State and the US Citizenship and Immigration Services (USCIS). This document acts as a legally binding contract between the sponsor and the US government, ensuring that the sponsor is financially responsible for the sponsored immigrant. In order for the application to be approved, the sponsor must submit Form I-864 along with the immigrant petition.

The sponsor must also provide evidence of their income and/or assets that meet the income requirements for the sponsored person. This includes committing to providing financial support for the sponsored person for at least 10 years or until the sponsored person becomes a US citizen or can be credited with 40 quarters of work. Additionally, the sponsor must agree to repay any means-tested public benefits that the sponsored person may receive.

By completing Form I-864 and fulfilling the requirements of this affidavit, the sponsor is helping to ensure that the intending immigrant will not become a public charge in the US. Completing this form can be a complex process, so it is important to understand the requirements and to seek professional legal help if needed.


Form I-864 (Affidavit of Support) Minimum Income Requirements

The Form I-864 is a legal requirement for immigrants applying for a green card in the United States. This form requires the sponsor of the immigrant to prove that they have the financial resources to support the immigrant at 125% of the poverty guideline for their household size. This means that the sponsor must provide evidence of their income, such as tax returns and bank statements, as well as evidence of their assets if the income doesn’t meet the minimum requirements. In some cases, a joint sponsor may be required if the sponsor does not meet the income requirements and doesn’t possess any assets.

Once the Form I-864 is signed, it becomes a legally binding document and the sponsor must continue to provide support until the immigrant becomes a U.S. citizen. This is an important document and must be completed with care and accuracy.

What Documents Must I Submit with Form I-864?

When filing Form I-864, the petitioner must include a number of documents that prove they have the financial means to support the intending immigrant:

  • Proof of U.S. Citizenship or Permanent Residency Status must be included in the form, such as a copy of a U.S. passport, naturalization certificate, or permanent resident card.
  • Proof of income, such as tax returns, pay stubs, bank statements, etc. to show that their income is at the required level to support the intending immigrant.
  • Proof of assets must also be included if the petitioner doesn’t meet the 125% of poverty guidelines. Proof of assets can include documents that show the real estate ownership or investment accounts.
  • The petitioner must also provide any additional documents that prove they have the financial ability to support the intending immigrant, such as Social Security payments, Veteran’s benefits, pension payments, or other sources of income.


What Happens If Form I-864 Is Not Submitted?

Form I-864, also known as the Affidavit of Support, is a critical form for immigrants looking to gain lawful permanent residency in the United States. Without submitting this form, your application to obtain a green card (Form I-485, Application to Register Permanent Residence or Adjust Status) could be denied and you may be subject to fines and penalties or even deportation.

It is important to note that not submitting Form I-864 will not only delay the processing of your application but could also result in a denial of your visa.

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