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Things You Should Know About This Form
What is the USCIS I-864 form?
The USCIS I-864 form, also known as the Affidavit of Support, is a legal document that a sponsor submits to demonstrate their financial ability to support an immigrant. This form is required when a U.S. citizen or lawful permanent resident is sponsoring a relative for a green card. The sponsor must show that their income meets the minimum requirements to support the immigrant, ensuring that the immigrant will not become a public charge.
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. This includes family members such as spouses, children, parents, and siblings. If there are multiple sponsors, each must submit their own I-864 form. Additionally, joint sponsors can also file the form if the primary sponsor does not meet the income requirements.
What are the income requirements for the I-864 form?
The income requirements for the I-864 form typically require the sponsor to have an income that is at least 125% of the Federal Poverty Guidelines for their household size. For active-duty military members sponsoring their spouses or children, the requirement is reduced to 100% of the guidelines. The guidelines change annually, so it is important to check the current figures to ensure compliance.
What documents are needed to support the I-864 form?
To support the I-864 form, the sponsor must provide several documents. These typically include proof of income, such as recent tax returns, W-2 forms, and pay stubs. The sponsor may also need to provide evidence of their citizenship or permanent resident status, along with proof of any other household members' income if applicable. It is crucial to include all required documentation to avoid delays in processing.
What happens if the sponsor's income does not meet the requirements?
If the sponsor's income does not meet the required threshold, they can enlist the help of a joint sponsor. A joint sponsor must meet the income requirements independently and can submit their own I-864 form. Alternatively, the sponsor may use assets to supplement their income, but these assets must be readily available and easily convertible to cash.
How long does the I-864 form remain in effect?
The obligations under the I-864 form remain in effect until the sponsored immigrant becomes a U.S. citizen, or until they have worked 40 qualifying quarters (approximately 10 years) in the U.S. The sponsor is legally bound to provide financial support during this period. If the immigrant receives certain government benefits, the sponsor may be required to repay those costs.
File Information
| Fact Name | Description |
|---|---|
| Purpose | The I-864 form, also known as the Affidavit of Support, is used to demonstrate that an immigrant has adequate financial support and will not become reliant on government assistance. |
| Eligibility | To file the I-864, the sponsor must be a U.S. citizen or a lawful permanent resident and must meet specific income requirements based on household size. |
| Governing Law | The I-864 form is governed by federal immigration law, specifically under the Immigration and Nationality Act (INA) sections 213A and 212(a)(4). |
| Submission | The form must be submitted to the United States Citizenship and Immigration Services (USCIS) as part of the immigration process, typically alongside the immigrant visa application. |
Common mistakes
Completing the USCIS I-864 form, also known as the Affidavit of Support, is a critical step for many individuals seeking to bring family members to the United States. However, mistakes can occur during this process, potentially delaying or complicating applications. Understanding common errors can help ensure a smoother experience.
One frequent mistake is failing to provide accurate financial information. Applicants must demonstrate that they meet the minimum income requirements to support their sponsored family member. Inaccuracies in income calculations or omitting certain sources of income can lead to denials. It is essential to carefully review all financial documents and ensure that the figures reported are correct and verifiable.
Another common error is neglecting to include required supporting documents. The I-864 form requires various financial documents, such as tax returns, W-2 forms, and pay stubs. Omitting any of these documents can result in delays or requests for additional information from USCIS. Organizing all necessary paperwork before submission can help avoid this pitfall.
Many individuals also mistakenly overlook the need for a joint sponsor. If the primary sponsor does not meet the income requirements, they may need to find a joint sponsor who can help fulfill the financial obligation. Not including a joint sponsor when necessary can lead to the rejection of the application. It is vital to assess financial qualifications thoroughly and seek additional support if needed.
Additionally, failing to sign and date the form is a common oversight. The I-864 form must be signed by the sponsor, and an unsigned form will be considered incomplete. This may seem like a small detail, but it can significantly impact the processing of the application. Double-checking all signatures before submission is a simple yet effective way to avoid this mistake.
Lastly, some applicants do not keep copies of the submitted forms and supporting documents. Retaining copies is crucial for future reference and can be beneficial if any questions arise during the processing of the application. Having a complete record can provide peace of mind and assist in addressing any issues that may come up later.
By being aware of these common mistakes and taking steps to avoid them, individuals can improve their chances of a successful application process. Careful attention to detail and thorough preparation can make a significant difference in navigating the complexities of immigration forms.
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