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The USCIS I-864 form, also known as the Affidavit of Support, plays a critical role in the immigration process for individuals seeking to bring family members to the United States. This form is designed to ensure that immigrants have adequate financial support and will not become a public charge, relying instead on their sponsors for economic stability. By completing the I-864, sponsors demonstrate their commitment to support the immigrant financially, which includes providing sufficient income or assets to meet the minimum requirements set by the U.S. government. The form requires detailed information about the sponsor's financial situation, including income, employment, and household size, as well as the immigrant's personal details. It is essential for sponsors to understand their obligations, as signing the I-864 creates a legally binding contract that may last for many years. Furthermore, the I-864 form is a crucial component of the green card application process, influencing the approval of an immigrant's application and ensuring that they can successfully integrate into American society without relying on government assistance.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, is often accompanied by several other documents that help establish the financial capability of the sponsor. Below is a list of commonly used forms and documents that may be required in conjunction with the I-864.

  • Form I-130: This form, known as the Petition for Alien Relative, is filed by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with a foreign relative seeking a visa.
  • Form I-485: The Application to Register Permanent Residence or Adjust Status is used by individuals in the U.S. to apply for a green card.
  • Tax Returns: Most sponsors must provide their federal income tax returns for the last three years to demonstrate their financial stability.
  • W-2 Forms: These forms show the annual wages paid to the sponsor by their employer and are typically required for the same tax years as the tax returns.
  • Employment Verification Letter: This letter, often from the sponsor's employer, confirms their job title, salary, and employment status.
  • California Residential Lease Agreement: This important document outlines the terms and conditions for renting property in California and can be accessed through the Residential Lease Agreement form.
  • Proof of Assets: Documentation such as bank statements or property deeds may be submitted to show additional financial resources beyond income.
  • Form I-864A: This is a Contract Between Sponsor and Household Member, used when a household member contributes to the sponsor's income, allowing them to combine resources.

Submitting these documents along with the I-864 form can provide a clearer picture of the sponsor's financial situation and support the application process. It is important to ensure all required forms are completed accurately and submitted in a timely manner.

Dos and Don'ts

When filling out the USCIS I-864 form, it’s important to pay attention to details. Here are some key do's and don'ts to guide you through the process:

  • Do read the instructions carefully before you start.
  • Do provide accurate information about your income and assets.
  • Do sign and date the form where required.
  • Don't leave any required fields blank.
  • Don't use white-out or erasers on the form.
  • Don't forget to include supporting documents with your application.

Key takeaways

The USCIS I-864 form, also known as the Affidavit of Support, is a critical document for those sponsoring a family member for a green card. Here are five key takeaways regarding its completion and use:

  • Purpose of the Form: The I-864 form demonstrates that the sponsor has adequate income to support the immigrant, ensuring that the immigrant will not rely on public benefits.
  • Income Requirements: The sponsor must show that their income is at least 125% of the federal poverty level for their household size. This requirement varies based on the number of people in the household.
  • Supporting Documents: Along with the I-864, sponsors must provide proof of income, such as tax returns, W-2 forms, and pay stubs. These documents substantiate the claims made on the form.
  • Joint Sponsors: If the primary sponsor does not meet the income requirements, they can enlist a joint sponsor. This individual must also fill out a separate I-864 form and meet the income criteria.
  • Legal Obligations: Signing the I-864 creates a legally binding contract. The sponsor is responsible for financially supporting the immigrant, which may include covering costs related to housing, food, and healthcare.

Steps to Using USCIS I-864

Completing the USCIS I-864 form is an important step in the immigration process. This form, known as the Affidavit of Support, requires careful attention to detail to ensure that all information is accurate and complete. Below are the steps to guide you through filling out the form successfully.

  1. Begin by downloading the latest version of the I-864 form from the USCIS website to ensure you have the most current version.
  2. Read the instructions carefully. Familiarize yourself with the requirements and guidelines provided by USCIS.
  3. Provide your personal information in Part 1. This includes your name, address, date of birth, and Social Security number.
  4. In Part 2, indicate the information about the person you are sponsoring. This includes their name, relationship to you, and their date of birth.
  5. Complete Part 3 by detailing your household size. This includes yourself, the sponsored immigrant, and any other dependents.
  6. In Part 4, provide your income information. List your total income from all sources and attach the necessary supporting documents, such as tax returns and pay stubs.
  7. Fill out Part 5 if you are using assets to meet the income requirement. Be prepared to provide documentation for these assets.
  8. In Part 6, answer questions regarding your employment history and any previous sponsorships.
  9. Review Part 7 to confirm that you understand the obligations of the affidavit and the consequences of not fulfilling them.
  10. Sign and date the form at the end, ensuring that all information is accurate and complete.

Once you have filled out the form, gather all required supporting documents and prepare to submit your application to USCIS. Be sure to keep copies of everything for your records. This careful preparation will help ensure a smoother process as you move forward in your immigration journey.

Listed Questions and Answers

What is the USCIS I-864 form?

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.

Who needs to file the I-864 form?

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:

  • Your most recent tax return (Form 1040).
  • W-2 forms or 1099 forms for the last year.
  • Proof of current employment, such as a pay stub or an employment letter.
  • 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.

Where do I send the completed I-864 form?

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.