The USCIS I-864 form, also known as the Affidavit of Support, is a document required by the U.S. Citizenship and Immigration Services (USCIS) for certain family-based immigration applications. It serves as a contract between the sponsor and the U.S. government, ensuring that the immigrant will not become a public charge. The sponsor agrees to financially support the immigrant if necessary.
The I-864 form must be submitted by the petitioner (the U.S. citizen or lawful permanent resident) who is sponsoring an immigrant for a green card. This includes spouses, children, and other family members. In some cases, joint sponsors may also need to submit an I-864 if the primary sponsor's income is insufficient.
The sponsor's income must meet or exceed 125% of the Federal Poverty Guidelines for their household size. For active military members sponsoring their spouse or child, the requirement is 100% of the guidelines. The guidelines change annually, so it's essential to check the most current figures when completing the form.
How do I calculate my household size for the I-864?
Your household size includes:
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Yourself
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Your spouse (if applicable)
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Your dependent children
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Any other dependents listed on your tax return
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The immigrant you are sponsoring
Ensure that you count everyone accurately to determine the correct income requirement.
Along with the I-864 form, you should submit:
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Your most recent tax return (Form 1040)
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W-2 forms or 1099s for the last tax year
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Proof of current employment, such as a pay stub or an employment verification letter
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Evidence of any other income or assets, if applicable
These documents help establish your financial ability to support the immigrant.
Can I use assets to meet the income requirement?
Yes, you can use assets to supplement your income if it falls short of the required level. Generally, assets must be valued at three times the difference between your income and the required amount. Acceptable assets include savings accounts, property, and stocks. Documentation proving the value of these assets will be necessary.
What happens if I do not meet the income requirements?
If you do not meet the income requirements, you may consider finding a joint sponsor. A joint sponsor must submit their own I-864 form and meet the income requirements independently. Alternatively, you can provide evidence of significant assets to make up the difference.
How long does the I-864 obligation last?
The obligation to support the immigrant lasts until one of the following occurs:
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The immigrant becomes a U.S. citizen
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The immigrant can be credited with 40 quarters of work (approximately 10 years)
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The immigrant leaves the U.S. permanently
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The sponsor dies
It's important to understand this commitment, as it is legally binding.