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All about form I-864

All about form I-864

Form I-864, Affidavit of Support, is a document signed by an individual accepting to provide adequate financial support to an intending immigrant. This is a contract between the sponsor and the US government. This form proves that the sponsor has sufficient financial conditions to support the intending immigrants as well as her/his household members. By signing Form I-864, the sponsor states their commitment to using their income or assets to financially help the intended immigrant until she/he becomes a US citizen or can be credited with 40 qualifying quarters of work under the Social Security Act.

Who needs to file I-864?

This form is essential for most of the family-based and some of the employment-based intending immigrants.  If the intending immigrant falls under one of the following criteria she/he needs to file I-864:

  • Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21 years of age).
  • Sons and daughters of U.S. citizens; spouses and unmarried sons and daughters of lawful permanent residents; and brothers and sisters of U.S. citizens.
  • Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.

Sponsorship Eligibility

Form I-864, Affidavit of Support, is filled out by a sponsor on behalf of the prospective immigrant. In general, the sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident.

Moreover, there is no fixed limit on how many people one individual can sponsor as long as it meets the poverty guidelines criteria.

Income Requirements

  • She/he must have a minimum annual income, which is 125% of the Federal Poverty Guidelines.
  • For any individual working in the U.S. Armed Forces, it will be only 100% except this provision doesn’t apply to joint or substitute sponsors.

In case one can’t meet the income requirement alone

  • They can add the income of their relative living in his/her household. 
  • Add the value of their asset. For example, bonds, real estate, etc. As for savings, only a specific percentage will be accepted.
  • Include a joint sponsor, who can meet the requirements and may submit Form I-864 to sponsor all or some of the family members. A joint sponsor can be any U.S. citizen, lawful permanent resident, or U.S. national who is at least 18 years of age. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.

Filing fees

There is no filing fee for this form. This form is generally submitted with the I-485 form and with the Immigration Visa Processing case. 

If you are a US Citizen or Lawful Permanent Resident who is considering applying for your family members to bring them to the US but find the procedure to be a little challenging, feel free to get in touch with Raju Law. We will assist you in determining your eligibility and help you complete your entire immigration process. Our experienced Managing Attorney Mr. Raju Mahajan, Esq and the Raju Law team will assist you with your case at every stage – from the very beginning of your case until it gets approved. To contact us, please send us an email at info@rajulaw.com. In addition, you can call 24/7 over the phone at this number – 833-725-8529.

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