Form I-864 (Affidavit of Support)
Form I-864 (Affidavit of Support)
Title: Understanding Form I-864: The Affidavit of Support for U.S. Immigration
Introduction:
When a U.S. citizen or lawful permanent resident sponsors a family member for a green card, they must demonstrate that they can financially support the intending immigrant. This is where Form I-864, also known as the Affidavit of Support, comes into play. In this blog post, we’ll dive into the details of Form I-864, its purpose, and the responsibilities of the sponsor.
What is Form I-864?
Form I-864 is a legally binding document that a U.S. sponsor must complete to accept financial responsibility for the intending immigrant. The sponsor, by signing this form, agrees to provide financial support to the sponsored immigrant and ensure that they do not become a public charge (dependent on government assistance).
Who needs to submit Form I-864?
U.S. citizens or lawful permanent residents who are sponsoring family members for a green card must submit Form I-864. This includes sponsors petitioning for:
– Spouses
– Children (unmarried and under 21 years old)
– Parents
– Siblings
Requirements for the Sponsor:
To qualify as a sponsor, the U.S. citizen or lawful permanent resident must:
1. Be at least 18 years old
2. Reside in the United States or its territories
3. Have a household income of at least 125% of the Federal Poverty Guidelines (100% for sponsors who are active duty military and sponsoring a spouse or child)
Financial Evidence Required:
The sponsor must provide evidence of their financial stability, including:
- Federal income tax returns for the most recent tax year
- W-2 forms or other income statements
- Proof of employment or self-employment income
- Bank statements
Duration of Responsibility:
The sponsor’s financial responsibility lasts until the sponsored immigrant:
- Becomes a U.S. citizen
- Has worked or can be credited with 40 quarters of coverage under the Social Security Act
- Leaves the United States permanently
- Dies
Consequences of Not Fulfilling Obligations:
If the sponsor fails to provide the necessary financial support, the sponsored immigrant may sue the sponsor for the required support. Additionally, any government agencies that provide means-tested public benefits to the sponsored immigrant may seek reimbursement from the sponsor.
Conclusion:
Form I-864 is a critical component of the family-based green card process, ensuring that the sponsored immigrant will have adequate financial support in the United States. As a sponsor, it is essential to understand the long-term commitment and responsibilities that come with signing this affidavit. By carefully reviewing the requirements and gathering the necessary documentation, sponsors can ensure a smooth process when submitting Form I-864.