Definition & Meaning
The I-864 Form, also known as the Affidavit of Support, is a document required by the United States Citizenship and Immigration Services (USCIS) under Section 213A of the Immigration and Nationality Act (INA). It is used by a sponsor to agree to financially support an intending immigrant, ensuring they do not become a public charge. The form serves as a legally binding contract between the sponsor and the U.S. government, affirming the sponsor’s commitment to provide financial support to the sponsored immigrant and any accompanying family members.
How to Use the I-864 Form 2015
Using the I-864 Form involves several key steps. The sponsor must accurately complete all sections, providing information on their income and the intending immigrant’s details:
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Personal Information: Enter the sponsor's contact details and relationship to the immigrant.
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Household Size: Specify the number of people in the household, including dependents and the immigrant.
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Income Details: Attach supporting documents such as tax returns to verify income levels.
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Declaration: Sign the form under penalty of perjury, acknowledging the responsibilities and obligations.
After completing the form, the sponsor must submit it alongside the immigrant's visa application. This form ensures compliance with U.S. immigration laws by confirming financial capability.
Steps to Complete the I-864 Form 2015
Completing the I-864 Form requires careful attention to detail:
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Gather Required Documents: Collect tax returns, W-2 forms, and pay stubs.
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Provide Sponsor Information: Fill in your name, Social Security number, and citizenship status.
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Detail Household Size: Clearly define the number of dependents, ensuring the immigrant is included.
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Report Income Information: Input total income, attaching IRS transcripts as evidence.
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Review Obligations: Read and understand the legal obligations of sponsorship.
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Submit the Form: Once completed, attach it to the visa package for processing.
This process ensures that all necessary details are accurately recorded, minimizing the risk of rejection.
Required Documents
It's crucial to submit all necessary documents to support the I-864 Form:
- Tax Returns: Provide the most recent three years of federal tax returns.
- Proof of Income: Submit recent pay stubs, employment letters, and W-2 forms.
- Proof of U.S. Citizenship: Submit a U.S. birth certificate, passport, or naturalization certificate.
- Sponsor's Identification: A government-issued ID for verification.
These documents will verify income and ensure compliance with U.S. financial support requirements for immigrants.
Eligibility Criteria
To be eligible to file the I-864 Form, a sponsor must:
- Be a U.S. Citizen or Permanent Resident: Legal status is required to sponsor an immigrant.
- Have Domicile in the U.S.: The sponsor must physically reside within the United States.
- Meet Minimum Income Requirements: The sponsor's annual income must be at least 125% of the federal poverty guidelines.
These criteria ensure that the sponsor is financially capable of supporting the immigrant.
Penalties for Non-Compliance
Failure to comply with the I-864 Form obligations can lead to significant consequences:
- Repayment Obligations: The sponsor may be responsible for reimbursing any means-tested public benefits the sponsored immigrant receives.
- Legal Action: The government or the immigrant may initiate legal proceedings to enforce support obligations.
- Visa Delays or Denials: Non-compliance can lead to delays or denials in processing the immigrant's visa application.
Understanding these penalties is essential to maintaining the legal and financial integrity of the sponsorship.
Form Submission Methods
Sponsors have multiple options for submitting the I-864 Form:
- Online: Submit through the USCIS online portal if available.
- Mail: Send physical copies via certified mail to the designated USCIS address.
- In-Person: Submit directly during a scheduled USCIS appointment.
Choosing the appropriate submission method ensures timely processing and adherence to USCIS protocols.
Legal Use of the I-864 Form 2015
The I-864 Form is a binding contract with legal implications:
- Support Agreement: The form constitutes a promise to provide financial support.
- Government Enforcement: The U.S. government can enforce financial support obligations.
- Termination Conditions: Obligations can end if the immigrant becomes a U.S. citizen, earns sufficient work credits, or leaves the U.S. permanently.
This legal framework ensures sponsors understand their responsibilities and the potential legal ramifications of defaulting on their promise.
