Why is Form I-864, Affidavit of Support required?
Form I-864 is an agreement between a sponsor and the United States government. Basically, most family-based immigrants and certain employment-based immigrants must demonstrate that they have sufficient financial resources and won’t end up burdening the state, for which Form I-864, Affidavit of Support is inevitable. Other categories including asylum/refugee, exceptional immigrants, and diversity visas are exempt from the law’s requirement to submit Form I-864.
Intended Immigrant Classifications
– The intended immigrant who is the beneficiary of the immigrant visa petition is the primary immigrant. Family members are the spouse and minor children of the primary immigrant, who intends to travel together or within six months of the primary immigrant’s arrival in the United States.
– If the intended immigrant can demonstrate that they have a source of income that will remain even after receiving a green card, they may qualify as a household member. They must either be married to the sponsor or share a principal residence with them.
– The intended immigrant’s income may assist you to reach the necessary level of income if certain requirements are met. If the intended immigrant is your spouse, you can include their income as long as it will come from the same source even after they become lawful permanent residents.
Failure To Reach the Required Income
The path to immigration into the US continues even if you are unable to achieve the income criterion. You might disclose your financial assets to satisfy the criteria. This comprises, but is not restricted to, checking and savings accounts, bonds, equities, real estate, business stakes, etc. These will be listed on your Form I-864, and the USCIS will determine the asset worth after that. A second potential choice is a joint sponsorship if, even after offering your assets, your income is still insufficient.
Qualifications for Sponsorship
Form I-864, Affidavit of Support, is filled out by a sponsor on behalf of an intended immigrant who wants to apply. Form I-864 must be submitted and signed by the petitioning sponsor. In particular, the sponsor needs to meet the qualifications as follows:
1. Must be at least 18 years of age or older and a citizen, national, or lawful permanent resident of the United States.
2. Generate wages that are 125 % over the federal poverty threshold; and
3. Confirm that his or her country of domicile is the United States.
When is I-864A required?
This is an agreement between the household member and the sponsor. Remember that it is a distinct file from Form I-864. The I-864A, Contract between sponsor and household member form must be completed by all household members as well, according to the legislation.
Who is a legitimate I-864A sponsor?
If they are 18 years of age or older, any of the following people may sponsor an I-864A –
– Spouse, parent, child, or sibling of the initial sponsor, who is listed as the petitioner on Form I-864, and who lives in the same home.
– Anyone whom the initial sponsor has lawfully listed as a dependent on his or her most recent federal income tax return. This person doesn’t have to live in the same house as the initial sponsor.
– Intending immigrants, if the primary sponsor will rely on his or her income to demonstrate that the primary sponsor has the financial means to sustain the intended immigrant’s spouse or children.
Checklist of Supporting documents related to I-864A
The following items must be submitted with Form I-864A,
For all sponsors –
- A copy of your individual Federal income tax return, including
- W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file.
- Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income.
- You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.
For some sponsors (If your legal guardian is signing this Form I-864A for you, the legal guardian must present) –
- Proof of the appointment as legal guardian of your estate; and
- A copy of an order from the appointing court or agency specifically permitting the legal guardian to make your income and assets available for the support of the sponsored immigrant.
Affidavit of Support Checklist of required documents
Ensure you do not provide any original paperwork unless the instructions or relevant laws explicitly indicate that you must. Your affidavit of support should only be accompanied by photocopies of the supporting documents. If any documents are provided in a foreign language – copies must be backed by a full English translation and a certification from the translator attesting to the following:
– The translation is thorough and accurate.
– The translators’ proficiency in translating from a foreign language into English.
– The phone number and email address of the translator
– Date and signature of the translator.
