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Misconceptions

The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document in the immigration process. However, several misconceptions about this form can lead to confusion and potential issues. Here are four common misconceptions:

  • It is only required for family-based immigration. Many believe the I-864 form is only necessary for family members sponsored by a U.S. citizen or permanent resident. In reality, it is also required for certain employment-based immigration cases, particularly when the applicant is seeking a green card through a job offer.
  • Anyone can be a sponsor. Some people think that any U.S. citizen or permanent resident can act as a sponsor. However, the sponsor must meet specific income requirements and demonstrate the ability to financially support the immigrant. This means that not everyone qualifies as a sponsor, as they must also be related to the immigrant in certain ways or meet specific criteria.
  • Once the immigrant receives their green card, the sponsor's obligations end immediately. It is a common belief that the sponsor's responsibilities cease as soon as the immigrant obtains permanent residency. In fact, the sponsor remains financially responsible for the immigrant until they become a U.S. citizen, can be credited with 40 quarters of work, or the immigrant departs the U.S. permanently.
  • The I-864 form is a one-time requirement. Many individuals think that the I-864 form is only needed during the initial application process. However, this form may be required again if the immigrant applies for certain benefits or if their financial situation changes significantly, necessitating a review of the sponsor's commitment.

Understanding these misconceptions is vital for anyone involved in the immigration process. Clear knowledge of the I-864 form can prevent delays and complications down the line.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for individuals seeking to sponsor a relative for a green card. Along with this form, several other documents and forms may be required to ensure a complete application. Below is a list of commonly used forms and documents that accompany the I-864.

  • I-130 Form: This is the Petition for Alien Relative. It establishes the relationship between the sponsor and the immigrant. It is typically the first step in the family-based immigration process.
  • I-485 Form: Known as the Application to Register Permanent Residence or Adjust Status, this form is used by individuals already in the U.S. to apply for a green card.
  • Tax Returns: Sponsors must provide copies of their federal tax returns for the past three years. This demonstrates their financial stability and ability to support the immigrant.
  • W-2 Forms: These forms show the income earned by the sponsor. They should be submitted for the same years as the tax returns to provide a complete financial picture.
  • Employment Verification Letter: A letter from the sponsor’s employer can confirm employment status and income, further supporting the financial claims made in the I-864.
  • Pay Stubs: Recent pay stubs help to verify current income. Usually, the last few months of pay stubs are required to provide a snapshot of the sponsor's earnings.
  • Proof of Assets: If the sponsor's income is insufficient, they may need to provide evidence of assets. This can include bank statements, property deeds, or investment accounts.
  • Form I-864A: This is the Contract Between Sponsor and Household Member. If a household member is contributing to the sponsor's income, this form is required to include their financial resources.
  • Form I-864EZ: For sponsors who meet certain criteria, this simplified version of the I-864 can be used. It is less complex and requires fewer supporting documents.
  • Employment Verification Form: For accurate employment assessments, refer to the needed Employment Verification documentation to confirm an individual's work history and income specifics.
  • Proof of Citizenship or Residency: Sponsors must provide evidence of their status in the U.S., which can be a birth certificate, passport, or permanent resident card.

Gathering these documents can seem overwhelming, but each one plays a significant role in the immigration process. Ensuring that all forms and supporting documentation are complete and accurate will help in navigating the application successfully.

Key Details about USCIS I-864

What is the USCIS I-864 form?

The USCIS I-864 form, also known as the Affidavit of Support, is a legal document that a sponsor files to demonstrate their ability to financially support an immigrant. This form is typically required when someone is applying for a green card through family sponsorship. The sponsor agrees to provide financial support to the immigrant, ensuring they do not become a public charge.

Who needs to file the I-864 form?

The I-864 form must be filed by any U.S. citizen or lawful permanent resident who is sponsoring an immigrant for a green card. This includes:

  • Spouses of U.S. citizens or permanent residents
  • Children of U.S. citizens or permanent residents
  • Parents of U.S. citizens
  • Siblings of U.S. citizens (if the sibling is over 21)

In some cases, joint sponsors may also need to file the form if the primary sponsor does not meet the income requirements.

What are the income requirements for the I-864 form?

The sponsor must demonstrate that their income is at least 125% of the federal poverty guidelines for their household size. The household size includes the sponsor, the immigrant, and any dependents. The specific income requirement varies based on the number of people in the household and is updated annually. You can find the current poverty guidelines on the U.S. Department of Health and Human Services website.

What documents do I need to submit with the I-864 form?

When filing the I-864 form, you will need to include several supporting documents, such as:

  • Proof of your U.S. citizenship or lawful permanent resident status (e.g., a copy of your passport or green card)
  • Your most recent federal tax return
  • W-2 forms or 1099s for the last tax year
  • Evidence of current employment or income (such as pay stubs)

Additional documentation may be required if you are using assets to meet the income requirement.

Can I use assets to meet the income requirement?

Yes, you can use assets to supplement your income if it falls below the required threshold. The assets must be readily convertible to cash and must meet a certain value. Generally, the total value of assets must equal five times the difference between your income and the required income level. Acceptable assets include savings accounts, stocks, bonds, and real estate. Documentation proving the value of these assets will be necessary.

What happens if I do not meet the income requirements?

If you do not meet the income requirements, you may still be able to sponsor the immigrant by finding a joint sponsor. A joint sponsor must also file an I-864 form and must meet the income requirements on their own. They do not have to be related to you or the immigrant but must be a U.S. citizen or lawful permanent resident.

What are the consequences of not fulfilling the I-864 obligations?

Failing to fulfill the obligations of the I-864 can have serious consequences. If the immigrant receives public benefits, the government can seek reimbursement from the sponsor. Additionally, sponsors may face legal action if they do not provide the promised support. It is crucial to understand that signing the I-864 is a legally binding commitment.

Similar forms

  • Form I-130: This is the Petition for Alien Relative. Like the I-864, it establishes a relationship between a U.S. citizen or lawful permanent resident and the foreign national seeking a visa. Both forms are essential for family-based immigration processes.

  • Form I-140: Known as the Immigrant Petition for Alien Worker, this form is used by employers to sponsor foreign workers. Similar to the I-864, it requires proof of the ability to pay the offered wage, ensuring the foreign worker will not become a public charge.

  • Form I-485: The Application to Register Permanent Residence or Adjust Status is submitted by individuals already in the U.S. Both forms are part of the adjustment of status process, where financial support is a key factor.

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  • Form I-751: This form, the Petition to Remove Conditions on Residence, is used by conditional residents married to U.S. citizens. It requires financial documentation similar to the I-864 to demonstrate continued financial support.

  • Form I-864EZ: This is a simplified version of the I-864, intended for certain applicants. It serves the same purpose of proving financial support but has fewer requirements, making it more accessible for eligible sponsors.

  • Form I-864W: This form is a waiver of the I-864 requirement for certain applicants. It indicates that the applicant is not required to submit an affidavit of support, similar in purpose but different in application.

  • Form N-400: The Application for Naturalization requires proof of financial support for applicants seeking citizenship. Like the I-864, it assesses the applicant's ability to support themselves and their dependents.

  • Form I-864A: This is a contract between the sponsor and a household member. It supplements the I-864 by including additional financial resources, ensuring that the immigrant has adequate support.

Guide to Filling Out USCIS I-864

Once you have gathered the necessary information and documents, you can begin filling out the USCIS I-864 form. This form is essential for demonstrating your ability to financially support an immigrant. Follow these steps carefully to ensure accuracy and completeness.

  1. Begin by downloading the latest version of the I-864 form from the USCIS website.
  2. Fill out your personal information in Part 1, including your name, address, and contact details.
  3. In Part 2, provide information about the person you are sponsoring, including their name and relationship to you.
  4. Complete Part 3 by indicating your household size. Include yourself, the immigrant, and any dependents.
  5. In Part 4, detail your income. Include all sources of income and ensure you meet the minimum income requirements.
  6. Provide information about your assets in Part 5. List any significant assets that could support the immigrant.
  7. In Part 6, sign and date the form. Make sure to include your printed name below your signature.
  8. Review the completed form for any errors or omissions before submission.
  9. Prepare the necessary supporting documents, such as proof of income and tax returns.
  10. Submit the form and documents to the appropriate USCIS address, as indicated in the instructions.

After submitting the I-864 form, you will wait for USCIS to process your application. Keep an eye on your mail and online account for updates or requests for additional information. Be prepared to respond promptly to any inquiries from USCIS.