1. What is Form I-864EZ?
Form I-864EZ is a specific version of the Affidavit of Support Under Section 213A of the Act required by the U.S. Citizenship and Immigration Services (USCIS). It is used by a sponsor to demonstrate their ability to financially support an intending immigrant coming to the United States. The I-864EZ form is a shorter and more simplified version of the standard Form I-864, designed for sponsors who meet certain criteria, such as being the petitioning sponsor in cases of immediate relative petitions, having income that is at least 125% of the federal poverty guidelines, and agreeing to support only one immigrant. The form requires detailed information about the sponsor’s income, assets, household size, and dependents, along with a commitment to financially support the immigrant until they become a U.S. citizen or meet certain criteria that end the sponsorship obligation. It is crucial for sponsors to accurately complete Form I-864EZ to ensure the successful processing of the immigrant’s visa application.
2. Who is eligible to use Form I-864EZ?
The Form I-864EZ, also known as the Affidavit of Support Under Section 213A of the Act, is specifically designed for certain sponsors who meet the eligibility criteria. In order to use Form I-864EZ, the sponsor must meet the following requirements:
1. The sponsor is the petitioning sponsor for his or her relative who is seeking to immigrate to the United States based on an approved immediate relative or family-based immigrant petition.
2. The sponsor has sufficient income to meet the federal poverty guidelines for his or her household size without including the income of any other household members.
3. The sponsor should not be required to submit an individual federal income tax return for any year within the three tax years preceding the date of the sponsor signing the affidavit.
If the sponsor meets these criteria, he or she may use the I-864EZ form to sponsor their relative for immigration. It is important for sponsors to carefully review the eligibility requirements and instructions before submitting the form to ensure compliance with the regulations and to avoid any delays in the immigration process.
3. What is the purpose of Form I-864EZ?
The purpose of Form I-864EZ is to serve as an Affidavit of Support Under Section 213A of the Immigration and Nationality Act for individuals sponsoring a family member for a green card in the United States. By submitting Form I-864EZ, the sponsor is essentially agreeing to financially support the immigrant beneficiary and ensure they do not become a public charge in the United States. This form demonstrates to the U.S. government that the sponsor has the financial means to support the intending immigrant at an income level above the federal poverty guidelines. By completing Form I-864EZ, the sponsor is legally binding themselves to provide financial support to the immigrant if necessary and is a crucial component of the immigrant visa application process.
4. What information is required on Form I-864EZ?
On Form I-864EZ – Affidavit of Support Under Section 213A of the Act for the United States, several pieces of information are required to be provided:
1. Personal Information: This includes details such as the sponsor’s name, address, date of birth, and social security number.
2. Employment Information: The sponsor must provide details of their current employment, including employer’s name, address, and income.
3. Tax Information: The sponsor needs to provide information about their most recent tax return, including filing status and adjusted gross income.
4. Sponsor’s Household Size: Details regarding the number of people in the sponsor’s household, including dependents, are required.
5. Intending Immigrant Information: Information about the immigrant being sponsored, such as their name and relationship to the sponsor, is also needed.
It is essential to accurately fill out all the required information on Form I-864EZ to ensure that the affidavit of support is accepted and processed efficiently.
5. Who can be a sponsor on Form I-864EZ?
On Form I-864EZ, also known as the Affidavit of Support Under Section 213A of the Act, the sponsor must meet certain requirements to be eligible to sponsor an immigrant. The sponsor on Form I-864EZ can be:
1. A U.S. citizen or a U.S. national
2. A lawful permanent resident (green card holder) who is at least 18 years old
The sponsor must also have a domicile in the United States. It’s important to note that the sponsor must demonstrate the ability to financially support the intending immigrant by meeting the income requirements specified by the Form I-864EZ. Additionally, the sponsor must be willing to accept legal responsibility for financially supporting the sponsored immigrant until they become a U.S. citizen, reach 40 quarters of work credited under the Social Security Act, depart the United States permanently, or die.
Overall, the sponsor plays a crucial role in ensuring that the immigrant has adequate financial support to prevent them from becoming a public charge in the United States.
6. How is the sponsor’s income determined on Form I-864EZ?
On Form I-864EZ, the sponsor’s income is determined primarily using the sponsor’s Adjusted Gross Income (AGI) from their most recent federal income tax return. Here’s a breakdown of how the sponsor’s income is determined on Form I-864EZ:
1. AGI Calculation: The sponsor’s AGI is calculated by taking the sponsor’s total income and subtracting certain adjustments such as deductions for retirement contributions, student loan interest, and other allowable expenses.
2. Income Sources: The sponsor must include all sources of income when determining their AGI, including wages, salary, tips, dividends, interest, rental income, and any other sources of income.
3. Supporting Documentation: The sponsor must provide supporting documentation of their income, such as copies of their most recent federal tax return (Form 1040), W-2 forms, 1099 forms, and any other relevant financial documents.
4. Household Size: The sponsor’s income is also considered in relation to their household size, as the minimum income requirement varies depending on the number of people in the sponsor’s household.
5. Poverty Guidelines: The sponsor’s income must meet or exceed the minimum income requirement based on the most recent Federal Poverty Guidelines for their household size in order to be eligible to sponsor an individual on Form I-864EZ.
Overall, the sponsor’s income is a crucial factor in determining their eligibility to sponsor an immigrant on Form I-864EZ, and it is important for sponsors to accurately calculate and provide documentation of their income to support their affidavit of support.
7. Are joint sponsors allowed on Form I-864EZ?
No, joint sponsors are not allowed on Form I-864EZ. The Form I-864EZ is specifically designed for sponsors who meet certain criteria, including being the sole financial sponsor for the intending immigrant. Joint sponsors are not permitted to use the simplified Form I-864EZ; instead, they would need to use the regular Form I-864, Affidavit of Support. Joint sponsors play a crucial role in cases where the primary sponsor does not meet the financial requirements on their own, and they provide additional support to ensure that the immigrant has enough financial backing to avoid becoming a public charge. It’s important to carefully follow the instructions and guidelines provided by the U.S. Citizenship and Immigration Services (USCIS) when determining the appropriate form to use based on your specific situation.
8. What are the requirements for assets to be used on Form I-864EZ?
In order for assets to be considered in meeting the requirements for Form I-864EZ, there are specific criteria that must be met:
1. The assets must be easily accessible and transferrable into cash within one year.
2. The value of the assets must be equal to or exceed the sponsorship obligations required on Form I-864EZ.
3. The assets can include savings accounts, stocks, bonds, and real estate properties, among others.
4. The assets must be located in the United States.
It is important to note that the assets used for Form I-864EZ must be able to demonstrate the sponsor’s ability to financially support the intending immigrant. Ensure that the assets meet the specific requirements outlined in the form to avoid any delays or issues with the application process.
9. What are the consequences of not completing Form I-864EZ accurately?
The consequences of not completing Form I-864EZ accurately can have serious implications for both the sponsor and the intending immigrant. Here are some of the potential consequences:
1. Delayed Processing: Inaccuracies or missing information on the Form I-864EZ can lead to delays in the processing of the visa application. This can result in longer wait times for the intending immigrant to be able to come to the United States.
2. Request for Additional Evidence: If U.S. Citizenship and Immigration Services (USCIS) or the consular officer reviewing the form identifies inaccuracies or inconsistencies, they may request additional evidence or information to clarify the sponsor’s financial situation. This can prolong the overall processing time and potentially add to the complexity of the application process.
3. Denial of the Visa Application: Serious errors on the Form I-864EZ, such as providing false information or significantly underestimating income or assets, can lead to the denial of the visa application. This can prevent the intending immigrant from being able to obtain a visa to enter the United States.
4. Legal Consequences: Providing false information on a federal form like the Form I-864EZ can have legal consequences, including fines, penalties, and potentially criminal charges. It is important for sponsors to be truthful and accurate when completing this form to avoid these negative outcomes.
Overall, it is crucial for sponsors to carefully and accurately complete Form I-864EZ to ensure a smooth and successful immigration process for the intending immigrant.
10. Can a sponsor withdraw their Form I-864EZ after submission?
No, a sponsor cannot withdraw their Form I-864EZ after submission. Once this affidavit of support form is filed and accepted by the United States Citizenship and Immigration Services (USCIS), it becomes a legally binding contract between the sponsor and the U.S. government. By signing Form I-864EZ, the sponsor agrees to financially support the intending immigrant and repay any means-tested public benefits they may receive while the affidavit is in effect. This contractual obligation remains in place even if the sponsor later changes their mind or circumstances. It’s crucial for sponsors to fully understand their responsibilities before submitting Form I-864EZ to avoid any potential legal issues or ramifications.
11. Can a sponsor’s Form I-864EZ be denied?
Yes, a sponsor’s Form I-864EZ can be denied for several reasons, including but not limited to:
1. Incomplete or inaccurate information provided on the form.
2. Failure to meet the minimum income requirements for sponsorship.
3. Ineligibility of the sponsor due to factors such as being a non-U.S. citizen or not being a lawful permanent resident.
4. Lack of supporting documentation or evidence to substantiate the sponsor’s claimed income or assets.
5. Previous instances of sponsor not fulfilling financial obligations under an affidavit of support.
6. Discrepancies or inconsistencies in the sponsor’s tax returns or other financial documents.
It is important for sponsors to carefully and accurately complete the Form I-864EZ and ensure that they meet all the requirements to prevent the application from being denied. If a sponsor’s Form I-864EZ is denied, they may have the opportunity to provide additional information or correct any mistakes in an effort to rectify the situation.
12. Can a sponsor be held financially responsible on Form I-864EZ?
Yes, a sponsor can be held financially responsible under Form I-864EZ. This form is an affidavit of support that is used to show that a intending immigrant has enough financial support to live in the United States without needing government assistance. By signing this document, the sponsor agrees to financially support the immigrant and repay any means-tested public benefits they receive. If the immigrant receives such benefits, the government can take legal action against the sponsor to recover the cost of those benefits. It’s important for sponsors to understand the obligations they are undertaking when signing Form I-864EZ to avoid potential financial liabilities.
13. What happens if the sponsored immigrant receives public benefits?
If the sponsored immigrant receives public benefits, it can have significant consequences for the sponsor who signed the Form I-864EZ. Here’s what can happen:
1. Repayment Requirement: If the sponsored immigrant receives certain means-tested public benefits, the sponsor may be required to repay the government entity that provided those benefits. This repayment obligation can be enforced through a legal process.
2. Government Reimbursement: The government can seek reimbursement from the sponsor for the amount of means-tested public benefits received by the sponsored immigrant. This reimbursement can include cash assistance, Medicaid, and other public benefits.
3. Impact on Future Immigration Applications: The sponsor’s financial responsibility under the Form I-864EZ extends to the sponsored immigrant until the immigrant becomes a U.S. citizen, has worked 40 quarters, abandons their status as a lawful permanent resident, or dies. If the sponsor fails to repay the government for benefits received by the sponsored immigrant, this could have negative implications for the sponsor’s future involvement in immigration processes.
4. Legal Consequences: Failure to meet the obligations outlined in the Form I-864EZ can lead to legal actions against the sponsor. This could result in financial penalties, liens on the sponsor’s property, or other legal measures to ensure compliance with the affidavit of support requirements.
Overall, it is essential for sponsors to understand their obligations when signing the Form I-864EZ and to carefully consider the potential consequences of the sponsored immigrant receiving public benefits.
14. Can the sponsor’s financial information be verified on Form I-864EZ?
Yes, the sponsor’s financial information can be verified on Form I-864EZ. Here are some ways in which this verification can be done:
1. Income Documentation: The sponsor must provide evidence of their income, such as tax returns, W-2 forms, or pay stubs. These documents can be used to verify the sponsor’s annual income.
2. Employment Verification: The sponsor may need to provide a letter from their employer confirming their job position, salary, and duration of employment. This can help verify the stability of the sponsor’s income.
3. Asset Verification: If the sponsor is using assets to meet the income requirements, such as bank statements or property deeds, these must be provided to verify the value of the assets.
4. Credit Report: In some cases, sponsors may be asked to provide a credit report to show their financial responsibility and creditworthiness.
By verifying the sponsor’s financial information through these means, the U.S. government ensures that the sponsor has the financial capability to support the intending immigrant as required by Form I-864EZ.
15. What is the difference between Form I-864 and Form I-864EZ?
The main difference between Form I-864 and Form I-864EZ lies in their complexity and eligibility requirements.
1. Form I-864, also known as the Affidavit of Support Under Section 213A of the Act, is a more detailed and comprehensive form that is typically used when the sponsor’s income and financial situation may be more complex. It requires detailed information about the sponsor’s income, assets, liabilities, and dependents, as well as documentation to support these claims.
2. On the other hand, Form I-864EZ is a simplified version of Form I-864 designed for sponsors who meet specific criteria to qualify for the easier form. To be eligible to use Form I-864EZ, the sponsor must meet certain requirements such as being the sole sponsor on the affidavit, having income only from W-2 wages, and not needing to combine their income with that of a co-sponsor or household member.
In summary, Form I-864 is more comprehensive and suitable for sponsors with more complex financial situations, while Form I-864EZ is a simplified version intended for sponsors who meet specific eligibility criteria. It is important for sponsors to review the requirements of each form carefully to determine which one is appropriate for their situation.
16. How long is the sponsor financially responsible on Form I-864EZ?
The sponsor is financially responsible on Form I-864EZ until one of the following conditions is met:
1. The sponsored immigrant becomes a U.S. citizen.
2. The sponsored immigrant has earned 40 qualifying quarters of work in the United States.
3. The sponsored immigrant permanently leaves the United States.
4. The sponsored immigrant dies.
17. Can a sponsor’s obligations on Form I-864EZ be terminated?
Yes, a sponsor’s obligations on Form I-864EZ can be terminated under certain circumstances. Here are some common scenarios in which a sponsor’s obligations may be brought to an end:
1. The sponsored immigrant becomes a U.S. citizen.
2. The sponsored immigrant has accrued 40 quarters (equivalent to 10 years) of work in the United States.
3. The sponsored immigrant dies.
4. The sponsored immigrant is no longer a permanent resident and departs the United States.
5. The sponsor dies.
In these situations, the sponsor’s responsibilities under the Form I-864EZ may come to an end, relieving them of any further financial obligations towards the sponsored immigrant. It is important to note that terminating these obligations requires following specific procedures and notifying the appropriate authorities accordingly.
18. Can a sponsor update their information on Form I-864EZ?
Yes, a sponsor can update their information on Form I-864EZ under certain circumstances. Here are some scenarios in which updating the information would be necessary:
1. Change in financial circumstances: If the sponsor’s financial situation changes significantly after submitting the initial Form I-864EZ, such as a decrease in income or loss of employment, it would be important to update the information to reflect the current financial status.
2. Change in address or contact information: If the sponsor moves to a new address or changes their contact information, such as phone number or email address, it is essential to update this information on the form to ensure that any communications regarding the affidavit of support reach the sponsor promptly.
3. Errors or omissions: If there were any errors or omissions in the initial Form I-864EZ submission, the sponsor should update the form to correct these inaccuracies and provide the most accurate information to the immigration authorities.
In all of these cases, it’s crucial for sponsors to promptly update their information on Form I-864EZ to ensure compliance with the requirements of the affidavit of support and to avoid any potential issues in the immigration process.
19. What supporting documents are required for Form I-864EZ?
When completing Form I-864EZ, several supporting documents are typically required to substantiate the information provided in the affidavit of support. These may include:
1. Proof of Income: The primary supporting document required is the most recent federal income tax return (Form 1040) along with all supporting tax documents like W-2s, 1099s, and other income verification forms. Additionally, a copy of the most recent employment letter and pay stubs can be submitted to demonstrate current income.
2. Employment Verification: Providing a letter from the employer confirming current employment status, position held, and salary is essential. This letter should include details about the length of employment and the likelihood of continued employment in the future.
3. Asset Documentation: If the sponsor’s income alone does not meet the minimum income requirement, they can include documentation of assets such as bank statements, property deeds, or investment portfolios to demonstrate financial stability.
4. Proof of Citizenship or Residency: It is necessary to provide a copy of the sponsor’s U.S. passport, birth certificate, naturalization certificate, or permanent residency card to establish legal status in the United States.
5. If applicable, any divorce decrees, evidence of child support payments, or proof of retirement benefits may also be included to provide a comprehensive overview of the sponsor’s financial situation.
Ensuring that all relevant supporting documents are accurately completed and included with Form I-864EZ is crucial to avoid processing delays and ensure the affidavit of support is deemed sufficient by the U.S. Citizenship and Immigration Services (USCIS).
20. How long does it take for Form I-864EZ to be processed?
The processing time for Form I-864EZ, which is the Affidavit of Support Under Section 213A of the Act for the United States, can vary depending on various factors such as the current caseload of the U.S. Citizenship and Immigration Services (USCIS) office where the form is filed. In general, the processing time can range from several weeks to several months. To provide a more accurate estimate, it is advisable to check the USCIS website for the most up-to-date information on processing times for the specific form and location where it is being processed. Additionally, factors such as the completeness of the form, supporting documents, and any requests for additional information can also impact the processing time, potentially leading to delays.