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.
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:
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Spouses of U.S. citizens or permanent residents
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Children of U.S. citizens or permanent residents
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Parents of U.S. citizens
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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.
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.
When filing the I-864 form, you will need to include several supporting documents, such as:
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Proof of your U.S. citizenship or lawful permanent resident status (e.g., a copy of your passport or green card)
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Your most recent federal tax return
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W-2 forms or 1099s for the last tax year
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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.