Immigration Law

How to Fill Out Form I-864: Affidavit of Support

Learn how to fill out Form I-864 Affidavit of Support for immigration purposes, understand the requirements and process

Introduction to Form I-864

The Form I-864, also known as the Affidavit of Support, is a crucial document required for immigration purposes. It is a contract between the sponsor and the US government, ensuring that the sponsored individual will not become a public charge.

The form is used to demonstrate that the sponsor has the financial means to support the immigrant, and it is a key component of the immigration process for family-based and employment-based visas.

Eligibility Requirements for Sponsors

To be eligible to sponsor an immigrant, the sponsor must be a US citizen or lawful permanent resident, at least 18 years old, and have a domicile in the US. The sponsor must also meet certain income requirements, which vary based on the size of their household and the number of dependents.

The sponsor's income must be at least 125% of the federal poverty guidelines, although this percentage may be higher in some cases. The sponsor may also use assets, such as cash, stocks, and bonds, to meet the income requirements.

Gathering Required Documents

To complete Form I-864, the sponsor will need to gather various documents, including proof of income, such as tax returns and W-2 forms, proof of employment, and proof of citizenship or lawful permanent residence.

The sponsor may also need to provide documentation of their assets, such as bank statements and investment accounts. It is essential to carefully review the instructions for Form I-864 to ensure that all required documents are included.

Completing Form I-864

Form I-864 is a complex document that requires careful attention to detail. The sponsor must provide detailed information about their income, employment, and assets, as well as information about the sponsored individual.

The sponsor must also sign the form under penalty of perjury, confirming that the information provided is true and accurate. It is recommended that the sponsor seek the assistance of an immigration attorney if they are unsure about how to complete the form.

Submission and Processing

Once Form I-864 is completed, it must be submitted to US Citizenship and Immigration Services (USCIS) as part of the immigration application. The form will be reviewed and processed, and the sponsor may be required to attend an interview.

If the form is approved, the sponsor will be required to provide financial support to the sponsored individual for a period of 10 years, or until the individual becomes a US citizen, dies, or leaves the US permanently.

Frequently Asked Questions

What is the purpose of Form I-864?

The purpose of Form I-864 is to demonstrate that the sponsor has the financial means to support the immigrant and prevent them from becoming a public charge.

Who is eligible to sponsor an immigrant?

US citizens and lawful permanent residents who are at least 18 years old and have a domicile in the US are eligible to sponsor an immigrant.

What are the income requirements for sponsors?

The sponsor's income must be at least 125% of the federal poverty guidelines, although this percentage may be higher in some cases.

Can I use assets to meet the income requirements?

Yes, the sponsor may use assets, such as cash, stocks, and bonds, to meet the income requirements.

How long is the sponsor required to provide financial support?

The sponsor is required to provide financial support to the sponsored individual for a period of 10 years, or until the individual becomes a US citizen, dies, or leaves the US permanently.

Do I need to hire an immigration attorney to complete Form I-864?

While it is not required, it is highly recommended that the sponsor seek the assistance of an immigration attorney to ensure that the form is completed correctly and to avoid any potential issues with the immigration application.