1. What is Form I-864 and when is it required?
Form I-864, also known as the Affidavit of Support, is a form used in the United States for individuals sponsoring a family member or relative for a green card. The form is required to demonstrate that the sponsored individual will have adequate financial support and will not become a public charge. Form I-864 is typically required in family-based immigration cases when the sponsored individual is seeking to become a Lawful Permanent Resident (LPR) or to adjust their status within the United States.
1. Family-Based Green Card Application: Form I-864 is required when a U.S. citizen or LPR is sponsoring a family member for a green card through a family-based immigration petition.
2. Adjustment of Status: Individuals applying for Adjustment of Status within the U.S. based on their relationship to a U.S. citizen or LPR will also need to submit Form I-864 as part of their application package.
Overall, Form I-864 is a crucial document in the immigration process, ensuring that the sponsored individual will have financial support and not rely on public benefits upon entering the United States.
2. Who is eligible to be a sponsor on Form I-864?
1. Eligibility to be a sponsor on Form I-864 is restricted to certain individuals who meet specific criteria set forth by the United States Citizenship and Immigration Services (USCIS). The following individuals are generally eligible to be sponsors on Form I-864:
– U.S. Citizens or lawful permanent residents (Green Card holders) who are at least 18 years of age.
– Individuals who are domiciled in the United States or its territories, meaning they have a permanent residence in the country.
– Sponsors who have income and assets that meet or exceed the required minimum levels to support the intending immigrants.
– In some cases, joint sponsors who meet the eligibility requirements may also be allowed to provide additional support alongside the primary sponsor.
It is important for sponsors to carefully review the specific eligibility requirements outlined by USCIS before completing Form I-864 to ensure they meet all necessary criteria to support the intending immigrant.
3. What are the income requirements for sponsors filing Form I-864?
1. The income requirements for sponsors filing Form I-864, Affidavit of Support, vary depending on the size of the household and the number of people being sponsored. Generally, the sponsor must demonstrate that their income is at least 125% of the federal poverty guideline for their household size, including the sponsored immigrant.
2. If the sponsor’s income does not meet the minimum requirement, they may still be able to qualify by using assets to supplement their income. Assets such as savings accounts, stocks, or property can be included to meet the financial obligations of the affidavit of support.
3. If the sponsor cannot meet the income requirements on their own, they may enlist a joint sponsor who meets the criteria. A joint sponsor is another individual who is willing to accept joint and several liability for the support of the sponsored immigrant. Joint sponsors must also meet the income requirements based on their household size.
4. Can a joint sponsor be used on Form I-864?
Yes, a joint sponsor can be used on Form I-864. A joint sponsor is someone who is willing to accept legal responsibility for financially supporting the sponsored immigrant along with the primary sponsor. This is common when the primary sponsor does not meet the income requirements or is unable to financially support the sponsored immigrant on their own. The joint sponsor must meet all the necessary eligibility criteria, including having the required income and being a U.S. citizen or lawful permanent resident. The joint sponsor will need to complete a separate Form I-864 and provide all the required supporting documentation to demonstrate their ability to financially support the immigrant. The joint sponsor’s income and assets will be considered in addition to the primary sponsor’s when determining whether the financial criteria are met.
5. What documents are needed to support Form I-864?
1. The primary document needed to support Form I-864 is the most recent federal income tax return. This is a crucial piece of evidence to demonstrate the sponsor’s financial ability to support the intending immigrant. The tax return should include all schedules and W-2 forms.
2. In addition to the tax return, the sponsor will also need to provide proof of current employment. This can include recent pay stubs, employment verification letters, or a job offer letter.
3. If the sponsor has assets that can be used to support the immigrant, documentation of these assets will be required. This can include bank statements, property deeds, and other financial statements.
4. If the sponsor is using the income of other household members to meet the financial requirements, their tax returns and proof of relationship to the sponsor will also need to be submitted.
5. Finally, any additional supporting documents that can strengthen the sponsor’s case, such as proof of business ownership, investment income, or other sources of financial support, should also be included.
6. How long is the sponsor financially responsible on Form I-864?
On Form I-864, the sponsor is financially responsible for the sponsored immigrant until one of the following conditions is met:
1. The sponsored immigrant becomes a U.S. citizen.
2. The sponsored immigrant can be credited with 40 quarters of work (typically about 10 years) under the Social Security Act.
3. The sponsored immigrant permanently departs the United States.
4. The sponsored immigrant dies.
Until one of these conditions is fulfilled, the sponsor remains legally obligated to provide financial support to the sponsored immigrant to ensure they do not become a public charge. It is crucial for sponsors to understand and accept this responsibility before signing the Form I-864.
7. What happens if the sponsor’s income is insufficient on Form I-864?
If the sponsor’s income is insufficient on Form I-864, the sponsor may consider having a joint sponsor who meets the income requirements to provide additional support. In this case, the joint sponsor would need to complete a separate Form I-864 to supplement the original sponsor’s financial support. If a joint sponsor is not an option, the applicant may also provide assets or have a household member who is willing to be a joint sponsor to meet the income requirement. It’s important to note that the sponsor’s income needs to meet at least 125% of the federal poverty guidelines to demonstrate financial capability. If the sponsor’s income is still insufficient even after exploring these options, the application may be denied or a Request for Evidence (RFE) may be issued by the immigration authorities requesting additional information or documentation to support the affidavit of support.
8. Can assets be used in place of income on Form I-864?
Yes, assets can be used in place of income on Form I-864 under certain circumstances. The value of the assets must meet the minimum asset requirement set by the form and must be convertible into cash within one year without harming the sponsor’s financial stability. The assets considered for this purpose can include savings accounts, stocks, bonds, real estate properties, and certain other valuable possessions that can be easily liquidated. It is important to note that the total value of assets required is generally five times the difference between the sponsor’s household income and the minimum income requirement for the number of people they are sponsoring. Additionally, the sponsor must still meet all other eligibility requirements and provide evidence of the assets during the affidavit of support process.
9. Can I use a co-sponsor on Form I-864 if my income is insufficient?
Yes, you can use a co-sponsor on Form I-864 if your income is insufficient to meet the minimum required income levels to sponsor the intending immigrant. Here are some key points to consider when using a co-sponsor:
1. Eligibility: The co-sponsor must be a U.S. citizen or lawful permanent resident, be at least 18 years of age, and meet the income requirements set by USCIS.
2. Responsibilities: By signing Form I-864 as a co-sponsor, the individual is agreeing to financially support the intending immigrant and ensure that they do not become a public charge in the United States.
3. Minimum Income Requirement: The combined income of the primary sponsor and the co-sponsor should meet the minimum income requirements for the household size, as determined by the Poverty Guidelines issued by the Department of Health and Human Services.
4. Documentation: The co-sponsor will need to provide proof of income, such as tax returns, W-2 forms, and recent pay stubs, along with other supporting documents as required by USCIS.
5. Legal Liability: It is essential to understand that the co-sponsor is legally responsible for financially supporting the immigrant until they become a U.S. citizen, have worked or earned credit for 40 qualifying quarters under the Social Security Act, or when they leave the United States permanently.
By utilizing a co-sponsor, you can enhance the chances of meeting the financial requirements necessary to sponsor the intending immigrant on Form I-864.
10. Can a sponsor withdraw their Form I-864?
Yes, a sponsor can withdraw their Form I-864 under certain circumstances. Here are the key points to consider:
1. The sponsor can technically withdraw the Form I-864 before the sponsored immigrant adjusts status to that of a lawful permanent resident. Once the immigrant has attained this status, it becomes more complex for the sponsor to withdraw the affidavit of support.
2. If the sponsored immigrant has not yet adjusted status, the sponsor should notify the appropriate government agency, such as USCIS, about the decision to withdraw the Form I-864. It is important to provide a clear explanation for the withdrawal and any relevant documentation to support the request.
3. It’s crucial to note that withdrawing the Form I-864 does not necessarily release the sponsor from financial obligations incurred prior to the withdrawal. The sponsor may still be held responsible for any support already provided to the sponsored immigrant.
4. Before taking any steps to withdraw the Form I-864, it is advisable for the sponsor to seek legal guidance to understand the potential consequences and ensure proper procedure is followed.
In conclusion, while a sponsor can withdraw their Form I-864 before the immigrant adjusts status, it is a decision that should be carefully considered and executed with caution to avoid any legal repercussions.
11. Can I be a sponsor on Form I-864 if I am a permanent resident?
1. Yes, permanent residents are eligible to be sponsors on Form I-864, Affidavit of Support. As a permanent resident, you can sponsor certain family members for green cards or visas to immigrate to the United States. In order to sponsor someone on Form I-864, you must meet certain requirements, including being at least 18 years old, residing in the U.S., and demonstrating that you have sufficient income or assets to support the intending immigrant(s) at an income level above the federal poverty guidelines.
2. It’s important to note that as a permanent resident sponsor, you may have some limitations compared to U.S. citizens sponsoring family members. For instance, the sponsored family members may face longer wait times for their immigration applications to be processed, and there may be restrictions on the types of family members you can sponsor. Additionally, if you naturalize and become a U.S. citizen before the sponsored family members receive their green cards, it may potentially speed up the immigration process for them.
In conclusion, yes, as a permanent resident, you can be a sponsor on Form I-864 for certain family members, but there are specific requirements and considerations to keep in mind throughout the sponsorship process.
12. Does the sponsor need to have a job to file Form I-864?
Yes, the sponsor does need to have a stable source of income to be able to file Form I-864. This is to ensure that the sponsor has the financial capability to support the intending immigrant should the need arise. Job stability and a sufficient income are important factors that immigration authorities consider when reviewing the affidavit of support. If the sponsor does not have a job, they can still meet the income requirements through other means such as assets, retirement benefits, or a co-signer who meets the criteria. It is important for sponsors to carefully review the income requirements and guidelines before submitting Form I-864 to avoid any delays or issues in the immigration process.
13. How long does the sponsor have to maintain financial responsibility on Form I-864?
The sponsor is required to maintain financial responsibility on Form I-864 until one of the following events occur:
1. The sponsored immigrant becomes a U.S. citizen.
2. The sponsored immigrant can be credited with 40 quarters of work.
3. The sponsored immigrant ceases to be a permanent resident and departs the United States.
4. The sponsored immigrant dies.
In practice, this means that the sponsor is financially responsible until one of these conditions is met, and the Form I-864 obligation is terminated. It is a significant commitment that sponsors should be aware of before signing the Affidavit of Support. However, there are certain circumstances where the financial responsibility may end earlier, such as if the sponsored immigrant’s status changes or they are no longer eligible for public benefits.
14. Can a sponsor on Form I-864 change jobs during the process?
Yes, a sponsor on Form I-864 can change jobs during the process. Here are some considerations to keep in mind:
1. Notification: It is important for the sponsor to notify the U.S. Citizenship and Immigration Services (USCIS) of any job changes that occur after submitting Form I-864.
2. Income requirements: The sponsor’s new job should ideally meet or exceed the income requirements set by the USCIS to ensure they can continue to financially support the intending immigrant.
3. Documentation: The sponsor may need to provide updated employment verification letters, pay stubs, and other documentation to demonstrate their current income and financial stability.
4. Affidavit of Support responsibilities: Changing jobs does not alleviate the sponsor of their responsibilities stated in the Form I-864. They are still legally obligated to support the sponsored immigrant until the immigrant becomes a U.S. citizen, has worked for 40 qualifying quarters of coverage, ceases to be a lawful permanent resident and departs the United States, or dies.
By keeping these points in mind and fulfilling all necessary requirements, a sponsor can navigate a job change during the Form I-864 process successfully.
15. Can a sponsor on Form I-864 help more than one intending immigrant?
Yes, a sponsor on Form I-864 can indeed help more than one intending immigrant. In fact, a sponsor can simultaneously sponsor multiple immigrants by submitting separate I-864 forms for each sponsored individual. It is important for the sponsor to ensure that they meet the income requirements to support all the immigrants they are sponsoring, as the sponsor’s income must be sufficient to meet 125% of the Federal Poverty Guidelines for their household size, including the immigrants they are sponsoring. Additionally, the sponsor is legally obligated to provide financial support to each immigrant they sponsor until the immigrant becomes a U.S. citizen, has worked or can be credited with 40 qualifying quarters of work, ceases to be a lawful permanent resident and departs the United States, the immigrant dies, or the immigrant is no longer a permanent resident and has departed the United States.
16. Can a sponsor on Form I-864 include dependents in their household size?
Yes, a sponsor filing Form I-864, Affidavit of Support, can include certain dependents in their household size when determining their ability to financially support the intending immigrant. Dependents that can be included in the household size for Form I-864 purposes typically include the sponsor’s spouse and any children they claim as dependents on their tax returns. Other dependents may also be considered if they meet specific criteria outlined in the instructions for Form I-864. It is important for sponsors to accurately calculate their household size and income to ensure they meet the necessary financial requirements to sponsor an immigrant.
17. What are the consequences of not following through on Form I-864 obligations?
Failure to adhere to the obligations outlined in Form I-864 can have serious consequences, including but not limited to:
1. Legal Liability: If the sponsor fails to financially support the sponsored immigrant as stipulated in the affidavit of support, the sponsored immigrant, the U.S. government, or a state agency can take legal action against the sponsor to enforce the support obligation.
2. Reimbursement: The sponsor may be required to reimburse any means-tested public benefits received by the sponsored immigrant from the U.S. government.
3. Credit Report: Failure to meet the obligations under Form I-864 may adversely affect the sponsor’s credit report and future creditworthiness.
4. Ineligibility for Future Sponsorship: If a sponsor does not fulfill their obligations under Form I-864, they may be deemed ineligible to sponsor any other immigrants in the future.
5. Immigration Consequences: Not fulfilling the obligations under Form I-864 can have immigration consequences, such as affecting the sponsored immigrant’s ability to adjust their status or potentially leading to their removal from the United States.
It is crucial for sponsors to understand the serious implications of not fulfilling their obligations under Form I-864 and to take this commitment seriously to avoid any negative consequences.
18. Can a sponsor on Form I-864 be held legally responsible for the sponsored immigrant?
Yes, a sponsor who signs Form I-864, Affidavit of Support, can be held legally responsible for the sponsored immigrant. The I-864 is a legally binding contract between the sponsor and the U.S. government, in which the sponsor agrees to financially support the immigrant beneficiary if they are unable to support themselves. Here are some key points to consider:
1. The obligation of the sponsor under Form I-864 is enforceable by the sponsored immigrant, the U.S. government, any state government, or the sponsored immigrant’s legal guardian.
2. If the sponsored immigrant receives means-tested public benefits, the government agency providing those benefits may seek reimbursement from the sponsor.
3. The sponsor’s obligation under the I-864 continues until the immigrant becomes a U.S. citizen, accrues 40 quarters of work, dies, or leaves the United States permanently.
Therefore, sponsors should fully understand the financial responsibilities they are undertaking before signing Form I-864, as it is a serious and enforceable commitment under U.S. immigration law.
19. How does divorce or separation affect the sponsor’s obligations on Form I-864?
1. Divorce or legal separation can significantly impact the sponsor’s obligations on Form I-864. When a sponsor signs Form I-864 to support an immigrant, they are legally bound to financially support the immigrant until certain conditions are met, such as the immigrant becoming a U.S. citizen, working 40 qualifying quarters, passing away, or leaving the U.S. However, if the sponsor and the immigrant divorce or legally separate before these conditions are met, the sponsor’s obligation to support the immigrant may still stand.
2. According to the regulations governing Form I-864, the sponsor’s obligation cannot be terminated by a divorce or separation alone. The sponsor remains responsible for the immigrant even if the marriage ends. This means that the sponsor may still be required to provide financial support to the immigrant until one of the specified conditions is met. It is essential for sponsors to understand the long-term commitment they are making when signing Form I-864 and to consider the potential financial implications of divorce or separation on their obligations.
3. In some cases, it may be possible for the sponsor to seek relief from their obligations under Form I-864 due to a change in circumstances, such as the immigrant becoming a U.S. citizen, leaving the country, or obtaining employment. However, seeking a waiver of the sponsor’s obligations can be a complex legal process and may require the assistance of an immigration attorney. Overall, divorce or separation can have serious implications on the sponsor’s obligations under Form I-864, and sponsors should carefully consider these implications before signing the affidavit of support.
20. What are the potential risks and liabilities for sponsors on Form I-864?
1. One potential risk for sponsors on Form I-864 is the financial responsibility they undertake by signing the affidavit. If the sponsored immigrant receives means-tested public benefits, the sponsor may be required to reimburse the government for these costs.
2. Another risk is that the sponsorship obligation lasts until the sponsored immigrant becomes a U.S. citizen, has worked or can be credited with 40 quarters of work, leaves the U.S., or dies. This prolonged financial commitment could place a significant burden on sponsors.
3. Sponsors may also be held legally liable if the sponsored immigrant decides to sue them for failing to provide adequate financial support as promised in the affidavit. This could lead to costly legal proceedings and damages being awarded against the sponsor.
4. Furthermore, sponsors should be aware that if they fail to meet their support obligations and the sponsored immigrant receives public benefits, the government has the right to take legal action to recover the costs from the sponsor, which could result in financial repercussions.
5. Consequently, sponsors should carefully consider the potential risks and liabilities associated with signing Form I-864 before agreeing to sponsor an immigrant to ensure they fully understand the financial and legal obligations they are undertaking.