The USCIS I-864 form, also known as the Affidavit of Support, is a document required by U.S. Citizenship and Immigration Services (USCIS). It is used to show that a person who is sponsoring an immigrant has enough income or financial resources to support them. This form helps ensure that the immigrant will not rely on government assistance once they arrive in the United States.
The I-864 form must be filed by any U.S. citizen or lawful permanent resident who is sponsoring an immigrant for a family-based green card. This includes spouses, children, parents, and siblings. If the sponsor does not meet the income requirements, they may need a joint sponsor to help meet the financial criteria.
What are the income requirements for the I-864?
The sponsor must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size. This includes the sponsor, the immigrant, and any other dependents. For active-duty military members sponsoring a spouse or child, the requirement is 100% of the guidelines. The income guidelines are updated annually, so it’s important to check the current figures.
What documents do I need to submit with the I-864?
When submitting the I-864 form, you should include:
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Your most recent tax return (Form 1040).
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W-2 forms or 1099 forms for the last year.
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Proof of current employment, such as a pay stub or an employment letter.
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Any additional evidence of income, like bank statements or proof of other financial resources.
Can I use assets to meet the income requirement?
Yes, if your income does not meet the 125% requirement, you can use assets to help make up the difference. The total value of your assets must be five times the difference between your income and the required amount. Acceptable assets include savings accounts, real estate, and other investments. Documentation of these assets will be necessary.
What happens if I do not submit the I-864?
If the I-864 form is not submitted, or if it is incomplete, the USCIS may reject the application for the immigrant visa or green card. This could lead to delays or even denials of the application, so it’s crucial to ensure that the form is filled out correctly and submitted on time.
How long is the I-864 valid?
The I-864 form remains valid as long as the sponsor is supporting the immigrant and the immigrant is a permanent resident. This obligation lasts until the immigrant becomes a U.S. citizen, can be credited with 40 quarters of work (approximately 10 years), or if the immigrant leaves the U.S. permanently.
Can I withdraw my support after filing the I-864?
Once you file the I-864, you cannot withdraw your support easily. The obligation to support the immigrant remains in effect until one of the conditions mentioned earlier is met. If you believe there are circumstances that justify withdrawal, it is advisable to consult with an immigration attorney.
The completed I-864 form should be sent to the address specified in the USCIS instructions for the specific immigration application you are submitting. This may vary depending on whether you are filing for an adjustment of status or an immigrant visa. Always check the latest instructions from USCIS to ensure you send it to the correct location.