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The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process for individuals seeking to become permanent residents in the United States. This form is designed to demonstrate that the immigrant has adequate financial support and will not become a public charge, which means relying on government assistance for basic needs. By completing the I-864, the sponsor, usually a family member or a close friend, commits to providing financial support to the immigrant, ensuring they can meet their living expenses. The form requires detailed information about the sponsor's income, household size, and financial assets, along with supporting documentation to verify this information. It is important to understand that the obligations outlined in the I-864 are legally binding, meaning that sponsors must fulfill their commitments to support the immigrant for a specified period. Additionally, the form must be submitted alongside other immigration application materials, making it an essential part of the overall process for obtaining a green card. Understanding the nuances of the I-864 can help both sponsors and immigrants navigate this important step in the journey toward permanent residency.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, is an essential document for individuals who are sponsoring an immigrant. It demonstrates the sponsor's ability to financially support the immigrant. Along with this form, several other documents may be required to ensure a complete application package. Below is a list of commonly used forms and documents that often accompany the I-864.

  • Form I-130: This is the Petition for Alien Relative. It establishes the relationship between the sponsor and the immigrant, allowing the latter to apply for a visa or green card.
  • Form I-485: The Application to Register Permanent Residence or Adjust Status is used by individuals already in the U.S. to apply for a green card. It is often submitted alongside the I-864.
  • Form I-864A: This is the Contract Between Sponsor and Household Member. If a household member is contributing income to support the immigrant, this form is necessary to include their income in the calculation.
  • Form I-864EZ: This is a simpler version of the I-864, used for sponsors who meet specific criteria. It streamlines the process for those with straightforward financial situations.
  • Boat Bill of Sale: To ensure a proper transfer of ownership for vessels in California, consider completing the Boat Bill of Sale form, which provides clarity and legality in the transaction.
  • Tax Returns: Copies of the sponsor's federal tax returns for the last three years are typically required to demonstrate financial stability and income.
  • W-2 Forms: These forms provide a summary of the sponsor's earnings from employers. They help verify income and employment history.
  • Pay Stubs: Recent pay stubs can be included to show current income levels. They offer a snapshot of the sponsor's financial situation.
  • Proof of Citizenship or Residency: This could be a U.S. passport, birth certificate, or green card. It confirms the sponsor's legal status in the U.S.

Gathering these documents can be a crucial step in the immigration process. Each form serves a specific purpose and helps to provide a clear picture of the sponsor's ability to support the immigrant financially. Ensuring that all required documents are included will help streamline the application process and increase the chances of approval.

Dos and Don'ts

When completing the USCIS I-864 form, it is essential to approach the task with care and attention to detail. This form, known as the Affidavit of Support, plays a crucial role in the immigration process. Here are some important guidelines to follow and avoid.

  • Do double-check your information. Ensure that all details are accurate and match your supporting documents.
  • Do provide complete financial information. Include all sources of income and ensure you meet the required poverty guidelines.
  • Do sign and date the form. An unsigned form will be considered incomplete and could delay the processing of your application.
  • Do keep copies of everything. Retain a copy of the completed form and any supporting documents for your records.
  • Don't leave any sections blank. If a section does not apply to you, write "N/A" instead of skipping it.
  • Don't use incorrect or outdated forms. Always ensure you are using the latest version of the I-864 form from the USCIS website.
  • Don't forget to check for additional requirements. Depending on your situation, you may need to provide additional documentation.
  • Don't rush through the process. Take your time to review each section to avoid mistakes that could lead to delays.

Get Answers on USCIS I-864

  1. What is the USCIS I-864 form?

    The USCIS I-864 form, also known as the Affidavit of Support, is a legal document that a sponsor must complete when they are helping a relative immigrate to the United States. This form demonstrates the sponsor's commitment to financially support the immigrant, ensuring that they will not become a public charge. By signing this affidavit, the sponsor agrees to provide financial assistance to the immigrant, covering basic needs such as food, shelter, and healthcare.

  2. Who needs to file the I-864 form?

    Typically, the I-864 form is required for U.S. citizens and lawful permanent residents who are sponsoring a family member for a green card. This includes spouses, children, parents, and siblings. If the sponsored relative is already in the U.S. and adjusting their status, the form is still necessary. Additionally, joint sponsors can also file this form if the primary sponsor does not meet the income requirements.

  3. What are the income requirements for the I-864 form?

    The income requirements for the I-864 form generally stipulate that the sponsor's income must be at least 125% of the Federal Poverty Guidelines for their household size. For active-duty military members sponsoring a spouse or child, the threshold is 100% of the guidelines. It's essential to check the most current poverty guidelines, as they can change annually. If the sponsor's income falls short, they may need to provide additional documentation or find a joint sponsor to meet the requirements.

  4. What happens if the sponsor does not fulfill their obligations?

    If a sponsor fails to provide the promised financial support, the immigrant may have grounds to seek assistance. The sponsor can be held legally responsible for any public benefits the immigrant receives. This means that if the immigrant applies for government assistance, the sponsor may be required to repay the government. It's a serious commitment, so potential sponsors should carefully consider their financial situation before signing the I-864 form.

Form Data

Fact Name Details
Purpose The I-864 form, also known as the Affidavit of Support, is used to demonstrate that a sponsor can financially support an immigrant.
Who Needs It? Any U.S. citizen or lawful permanent resident who sponsors an immigrant must complete this form.
Income Requirement The sponsor must show an income that is at least 125% of the Federal Poverty Guidelines for their household size.
Joint Sponsors If the primary sponsor does not meet the income requirement, a joint sponsor can submit a separate I-864 form.
Duration of Obligation The sponsor's financial obligation lasts until the immigrant becomes a U.S. citizen or has worked for 40 quarters (10 years).
Filing Location The I-864 form is filed with the U.S. Citizenship and Immigration Services (USCIS) as part of the immigrant's application process.
State-Specific Requirements Some states may have additional laws regarding sponsorship, but the I-864 is governed primarily by federal law.
Consequences of Non-Compliance If the sponsor fails to provide adequate support, the immigrant may seek financial support through the sponsor in court.