Form I-864, officially known as the “Affidavit of Support Under Section 213A of the INA,” is a document used in the immigration process for family-sponsored or employment-based immigrants. This form aims to demonstrate that the intending immigrant has the financial support necessary to avoid becoming a public charge in the United States. The following individuals are eligible to be a sponsor and sign Form I-864:
- U.S. Citizen or U.S. National Sponsors:
- U.S. citizens
- U.S. nationals (including individuals born in American Samoa or Swains Island)
- U.S. Permanent Resident Sponsors:
- U.S. permanent residents (green card holders)
The sponsor must be at least 18 and in the United States. Suppose the sponsor is the intending immigrant’s spouse. In that case, the sponsor can be living abroad but must intend to reestablish domicile in the United States before or upon the intending immigrant’s admission. It’s important to note that the sponsor is making a legally binding commitment to provide financial support to the immigrant. The sponsor’s income and assets must meet certain thresholds to demonstrate the ability to support the intending immigrant.
Additionally, joint sponsors (U.S. citizens, U.S. nationals, or U.S. permanent residents) may sign Form I-864 with the primary sponsor to combine their incomes and assets to meet the financial requirements. Before submitting Form I-864, sponsors should carefully review the instructions and conditions outlined by the U.S. Citizenship and Immigration Services (USCIS) to ensure compliance with the immigration laws and regulations.
How to Fill Out Affidavit of Support – Form I-864
Filling out the Affidavit of Support form (Form I-864) is crucial in the U.S. immigration process, particularly for family-sponsored and employment-based immigrants. The state is used to demonstrate that the intending immigrant has adequate financial support and will not become a public charge in the United States. Here is a step-by-step guide on how to fill out Form I-864:
Step 1: Obtain the Latest Version of Form I-864
Ensure you have the most recent version of Form I-864 by checking the official website of the U.S. Citizenship and Immigration Services (USCIS).
Step 2: Read the Instructions
Before you start filling out the form, carefully read the instructions provided by the state. The instructions offer essential details on completing each section and information on required supporting documents.
Step 3: Provide Personal Information
Fill in your personal information, including your full name, address, date of birth, Social Security Number (if applicable), and other relevant details. Be accurate and consistent with the information provided in other immigration forms.
Step 4: Provide Information about the Sponsored Immigrant
Please include information about the person you are sponsoring, including their full name, relationship to you, and any other relevant details.
Step 5: Provide Household Size and Income Information
Indicate the number of people living in your household. This includes yourself, your dependents, and others listed in Part 3 of the form. Provide information about your income, assets, and liabilities. The state requires details about your employment, tax returns, and other sources of income.
Step 6: Include Supporting Documents
Attach supporting documents to prove your income and financial stability. This may include tax returns, W-2 or 1099 forms, recent pay stubs, and proof of assets.
Step 7: Sign and Date the Form
After completing all sections, sign and date the form. If you submit Form I-864 for a joint sponsor, they must also sign it. Ensure that the signature is in ink.
Step 8: Submit the Form
Review the completed form for accuracy and completeness. Make copies of the state and supporting documents for your records. Submit the original, signed form and supporting documents to the sponsored immigrant, who will include them in their immigration application package.
Step 9: Keep Copies for Your Records
Keeping copies of all the documents you submit for your records is essential. This includes a copy of the completed Form I-864 and all supporting documents.
Step 10: Check Processing Times
Check the USCIS website or contact the appropriate agency to determine the current processing times for Form I-864. This will give you an idea of how long the form may take to process.
Remember that immigration processes and requirements can change, so staying informed is crucial. Check the USCIS website or consult with an immigration attorney if needed.
Learn more: detailed Affidavit of Support instructions.
Who can sign Form I-864A?
Form I-864A, officially titled the “Contract Between Sponsor and Household Member,” is a supplementary form to Form I-864 (Affidavit of Support) and is used when the primary sponsor’s income is insufficient to meet the financial requirements. In such cases, a household member can join the sponsorship to combine their income with the sponsor’s.
The following individuals are eligible to sign Form I-864A:
- Household Member:
- A U.S. citizen or U.S. national
- A U.S. permanent resident (green card holder)
- Relationship to the Sponsor:
- The household member must be related to the primary sponsor as a spouse or dependent.
- Residency Requirement:
- The household member must be living with the sponsor.
The purpose of Form I-864A is to provide additional financial support for the intending immigrant. The income and assets of the sponsor and the household member are considered when determining whether the financial requirements are met.
It’s important to note that the sponsor and household member must reside in the same household, and the household member’s income can only be used to supplement the sponsor’s income on Form I-864. The sponsor and the household member are jointly responsible for financially supporting the intending immigrant.
As with Form I-864, individuals signing Form I-864A should carefully review the instructions provided by the U.S. Citizenship and Immigration Services (USCIS), ensure they meet the eligibility criteria, and understand their legal obligations as sponsors.
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