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Key takeaways

When filling out and using the USCIS I-864 form, it is essential to understand several key points to ensure proper completion and compliance with immigration requirements.

  • The I-864 form is known as the Affidavit of Support and is used to demonstrate that a sponsor can financially support an immigrant.
  • It is required for most family-based immigration cases and some employment-based cases.
  • The sponsor must be a U.S. citizen or lawful permanent resident and must meet specific income requirements.
  • Income must be at least 125% of the Federal Poverty Guidelines for the household size, or 100% if the sponsor is on active duty in the military.
  • The form requires detailed financial information, including income, assets, and any dependents.
  • All household members must be listed, even if they are not financially supporting the immigrant.
  • It is important to provide accurate and truthful information; false statements can lead to serious legal consequences.
  • Supporting documents, such as tax returns and pay stubs, must be included with the I-864 form to verify the sponsor's financial situation.
  • Once completed, the form should be signed and dated by the sponsor, and a copy must be kept for personal records.

Similar forms

  • Form I-130, Petition for Alien Relative: This document is used by a U.S. citizen or lawful permanent resident to establish a family relationship with an alien relative. Like the I-864, it is part of the immigration process, focusing on family ties.

  • Form I-140, Immigrant Petition for Alien Worker: Employers use this form to sponsor foreign workers for permanent residency. Similar to the I-864, it requires proof of the sponsor's ability to support the applicant financially.

  • Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used by individuals already in the U.S. to apply for a green card. The I-864 is often submitted alongside the I-485 to demonstrate financial support.

  • Form I-751, Petition to Remove Conditions on Residence: This document is filed by conditional residents to remove their conditional status. It includes financial information to show ongoing support, paralleling the intent of the I-864.

  • Form N-400, Application for Naturalization: While primarily for citizenship, this form may require evidence of financial support if the applicant is applying based on marriage to a U.S. citizen, echoing the financial assurances found in the I-864.

  • ADP Pay Stub Form: This document provides a detailed breakdown of an employee’s earnings and deductions for a specific pay period. To access and fill out this form, click the button below: ADP Check Stub.

  • Form I-864A, Contract Between Sponsor and Household Member: This form is used when a household member contributes to the financial support of the immigrant. It complements the I-864 by providing additional financial backing.

  • Form I-864EZ, Affidavit of Support Under Section 213A of the Act: This simplified version of the I-864 is for certain applicants with straightforward financial situations, streamlining the process while maintaining similar objectives.

  • Form I-134, Affidavit of Support: This is often used for non-immigrant visa applicants. While it serves a similar purpose of demonstrating financial support, it is less formal than the I-864 and does not lead to permanent residency.

  • Form I-864W, Intending Immigrant’s Affidavit of Support Exemption: This form is for certain applicants who are exempt from the I-864 requirement. It highlights the financial support aspect while providing an alternative for specific cases.

Misconceptions

The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process. However, several misconceptions can lead to confusion for applicants and sponsors alike. Here are eight common misconceptions about the I-864 form:

  • It’s only for family members. Many believe the I-864 is exclusively for relatives. In reality, it can also apply to certain sponsored immigrants who are not immediate family members.
  • Any income can be counted. Some think all forms of income qualify. However, only specific types of income, like wages and self-employment income, are considered acceptable.
  • Joint sponsors are not allowed. A misconception exists that only one sponsor can submit the I-864. In fact, multiple joint sponsors can help meet the income requirements.
  • Once submitted, the sponsor has no further obligations. Many assume that signing the I-864 is a one-time commitment. In truth, sponsors must continue to support the immigrant financially until certain conditions are met.
  • Assets can’t be used to supplement income. Some people think only income counts. In reality, significant assets can be used to help meet the financial requirements.
  • All sponsors must be U.S. citizens. There is a belief that only U.S. citizens can be sponsors. However, lawful permanent residents can also serve as sponsors on the I-864.
  • The form is only for immigrants seeking a green card. Some individuals think the I-864 is necessary only for green card applicants. It is also required for certain visa categories, like K-1 fiancé visas.
  • Filing the I-864 guarantees the immigrant will receive a green card. Many believe that submitting the form ensures approval. However, approval depends on various factors, including the overall eligibility of the applicant.

Understanding these misconceptions can help ensure a smoother application process for both sponsors and immigrants. Clear communication and accurate information are essential for navigating the complexities of immigration forms.

Form Specs

Fact Name Description
Purpose The I-864 form, also known as the Affidavit of Support, is used to demonstrate that a sponsor has adequate financial means to support an immigrant.
Eligibility To file the I-864, the sponsor must be a U.S. citizen or a lawful permanent resident and must meet certain income requirements.
Income Requirement The sponsor's income must be at least 125% of the Federal Poverty Guidelines for their household size, or 100% if the sponsor is active duty military.
Joint Sponsors If the primary sponsor does not meet the income requirement, a joint sponsor can submit a separate I-864 form to help meet the financial criteria.
Binding Nature The I-864 is a legally binding contract. Sponsors must support the immigrant financially until they become a U.S. citizen or can be credited with 40 quarters of work.
State-Specific Laws While the I-864 is governed by federal law, some states may have additional requirements regarding financial support and divorce laws that could affect sponsorship.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for those sponsoring an immigrant. However, several other forms and documents often accompany it to ensure a complete application. Below is a list of commonly used forms and documents that may be needed in conjunction with the I-864.

  • I-130 Form: This is the Petition for Alien Relative. It establishes the relationship between the sponsor and the immigrant. It must be approved before the I-864 can be submitted.
  • I-485 Form: The Application to Register Permanent Residence or Adjust Status allows the immigrant to apply for a green card while in the U.S. It may be submitted concurrently with the I-864.
  • I-751 Form: This is the Petition to Remove Conditions on Residence. If the immigrant received a conditional green card, this form is necessary to remove those conditions after two years.
  • Tax Returns: Sponsors must provide their most recent federal tax returns to demonstrate their financial capability to support the immigrant.
  • W-2 Forms: These forms show the income earned by the sponsor in the previous year. They help verify the sponsor’s financial situation.
  • California Residential Lease Agreement: For landlords and tenants in California, understanding the terms of the Top Forms Online is essential to ensure a clear and mutually beneficial rental arrangement.
  • Employment Verification Letter: A letter from the sponsor's employer confirming their job title, salary, and employment status can strengthen the financial evidence.
  • Proof of Assets: If the sponsor’s income is insufficient, they can provide documentation of assets, such as bank statements or property deeds, to meet the income requirements.
  • Form I-864A: This is the Contract Between Sponsor and Household Member. If a household member is contributing to the sponsor's income, this form is required to include their financial information.

Gathering these documents can seem daunting, but each plays a vital role in supporting the immigrant's application. Ensuring that all necessary forms and evidence are included will help streamline the process and increase the chances of a successful outcome.