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Definition & Meaning
The USCIS Form I-864, also referred to as the Affidavit of Support, is a critical legal document required under Section 213A of the Immigration and Nationality Act (INA). This form functions as a commitment from the sponsor to the U.S. government, ensuring financial support for an intending immigrant, thus preventing them from becoming a public charge. The document extensively collects data about the sponsor’s financial standing, household size, and relation with the immigrant. The primary purpose is to highlight the sponsor's promise to sustain an adequate income level and to oblige them to inform USCIS of any address alterations.
Steps to Complete the I-864
To effectively complete the I-864 form, follow these structured steps:
Obtain the Form: Start by acquiring the I-864 form available on the USCIS website.
Gather Necessary Information:
- Personal details of both sponsor and immigrant, including names, addresses, and birthdates.
- Detailed financial statements, including income and assets of the sponsor.
- Household size calculations, considering dependents and any other sponsored immigrants.
Fill Out the Form:
- Provide detailed financial information, ensuring accuracy.
- State clearly the relationship with the immigrant.
- Include any co-sponsor data if applicable.
Documentation:
- Attach required documents such as tax returns, proof of income, and legal status documentation.
- Photocopy all documents for personal records.
Review: Double-check all entered information for completeness and accuracy.
Submission: Submit the form through the indicated mail addresses or online submission portals as specified by USCIS guidelines.
Who Typically Uses the I-864
The I-864 is primarily utilized by U.S. citizens or lawful permanent residents who are sponsoring a family member’s immigration to the United States. These sponsors are referred to as petitioners and could include:
- Parents sponsoring their children.
- Spouses sponsoring their partners.
- Siblings sponsoring siblings.
- Adult children sponsoring parents.
Each petitioner must demonstrate their ability to financially support the immigrant to prevent them from becoming reliant on government assistance.
Required Documents
When submitting the I-864, several documents are mandatory to substantiate the financial claims made in the form:
- IRS Tax Transcripts: Most recent three years of tax returns.
- W-2 Forms: Wage statements to verify income.
- Proof of Residency: Documentation proving the sponsor’s lawful presence in the U.S.
- Employment Verification: Recent pay stubs or an employment verification letter, if applicable.
- Assets Documentation: For sponsors who compensate for lack of income with assets, such as bank statements or property appraisals.
Key Elements of the I-864
Several key elements must be understood when dealing with the I-864:
- Financial Obligations: The sponsor must understand the financial requisites, mainly ensuring income is at least 125% above the federal poverty level.
- Duration of Support: The support obligations typically last until the immigrant becomes a U.S. citizen or can be credited with 40 qualifying quarters of work.
- Notification Requirements: The sponsor must inform USCIS of any changes in address or financial circumstances.
Legal Use of the I-864
Legally, the I-864 serves as a legally binding agreement between the sponsor and the U.S. government. Failure to fulfill the obligations stated can lead to:
- Legal action by the sponsored immigrant for financial non-compliance.
- Penalties imposed by USCIS for misuse or fraudulent information.
Who Issues the Form
The United States Citizenship and Immigration Services (USCIS) is responsible for issuing the I-864. They oversee the processing, approval, and management of the form submissions.
Penalties for Non-Compliance
If the sponsor fails to comply with the commitments made in the I-864, several consequences may follow:
- Legal suits from the immigrant to recover funds not provided as obligated.
- Potential fines and additional sanctions from USCIS.
- Possible restriction in sponsoring future immigrants if found non-compliant.
Understanding these detailed elements ensures sponsors utilize the I-864 accurately, maintaining legal and financial obligations.
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How much income is required for Affidavit of Support I 864?
Sponsorship by an Eligible Person or Organization You must be sponsored by your child, who is: An Australian citizen, permanent resident, or eligible New Zealand citizen. Over 18 years of age and settled in Australia (generally having lived lawfully in Australia for at least two years).
How long does it take for I-864 to be approved?
You, the sponsor, should complete Form I-864 when your relative has been scheduled for an immigrant visa interview with a consular officer overseas or when your relative is about to submit an application for adjustment to permanent resident status with USCIS or with an Immigration Court in the United States. Affidavit of Support - USCIS uscis.gov green-card affidavit-of-support uscis.gov green-card affidavit-of-support
Who is eligible for I-864 sponsor?
5- No Filing Fee for USCIS Submission: There is no filing fee when submitting Form I-864 to USCIS. However, if you are submitting the form through the U.S. Department of State (for consular processing), check the appropriate fee information on their website. USCIS Form I-864 | Affidavit of Support - MotaWord motaword.com blog uscis-form-i-864-ev motaword.com blog uscis-form-i-864-ev
How much income is required for form I-864 sponsor?
The processing time for Form I-864 currently is around 9.3 months, but will vary depending on your situation. Note that Form I-864 is submitted as part of a family-based green card application, so the processing time is how long it takes for your green card application to be approved.
What is the minimum income to sponsor someone?
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 every Form 1099, schedule, and any other evidence of reported income.
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Completing and signing Form I-864 makes you the sponsor. You must show on this affidavit that you have enough income and/or assets to maintain the intending.Read more
Dec 16, 2010 I-864. A Form I-864 is not a petition nor is it an application or related application. The Form. I-864 is a contract between the sponsorRead more
Oct 17, 2024 I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 3.Read more