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The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process for family members seeking to become permanent residents in the United States. This form is designed to ensure that the immigrant will not become a public charge, meaning they will have adequate financial support upon arrival. It requires a sponsor, typically a U.S. citizen or lawful permanent resident, to demonstrate their ability to support the immigrant at a level above the federal poverty guidelines. The sponsor must provide detailed information about their income, assets, and household size, along with supporting documentation to verify their financial stability. Additionally, the form outlines the sponsor's legal obligations, which include maintaining financial support for the immigrant until they become a U.S. citizen or can be credited with 40 quarters of work. Understanding the I-864 is essential for both sponsors and immigrants, as it sets the foundation for a successful transition into life in the United States.
Similar forms
- USCIS Form I-130: This form is used by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with a foreign relative. Like the I-864, it is part of the family-based immigration process and requires proof of the relationship.
- USCIS Form I-485: The I-485 form is for individuals seeking to adjust their status to that of a lawful permanent resident. Similar to the I-864, it requires financial information to ensure the applicant will not become a public charge.
- USCIS Form I-864A: This is a contract between a sponsor and a household member who will contribute to the financial support of the immigrant. It is similar to the I-864 in that it also aims to demonstrate the financial ability to support the immigrant.
- USCIS Form I-864EZ: This simplified version of the I-864 is for sponsors who meet certain criteria. It serves the same purpose of proving financial support but is streamlined for those with straightforward situations.
- USCIS Form I-944: The I-944 form, Declaration of Self-Sufficiency, assesses an applicant's ability to support themselves financially. It complements the I-864 by providing additional information about the applicant's financial situation and potential reliance on public benefits.
Form Properties
| Fact Name | Details |
|---|---|
| Purpose | The I-864 form is used to demonstrate that an immigrant has adequate financial support from a sponsor. |
| Who Must File | U.S. citizens and lawful permanent residents who are sponsoring an immigrant must file this form. |
| Income Requirement | The sponsor's income must be at least 125% of the federal poverty guidelines for their household size. |
| Supporting Documents | Sponsors must provide proof of income, such as tax returns, pay stubs, and employment verification. |
| Joint Sponsors | If the primary sponsor does not meet the income requirement, a joint sponsor can also submit an I-864 form. |
| Duration of Obligation | The sponsor's financial obligation typically lasts until the immigrant becomes a U.S. citizen or can be credited with 40 quarters of work. |
| State-Specific Forms | Some states may have additional requirements, but the I-864 form itself is a federal requirement governed by U.S. immigration law. |
| Submission Process | The completed I-864 form must be submitted to USCIS along with the immigrant's application for a visa or adjustment of status. |
How to Use USCIS I-864
Completing the USCIS I-864 form is a crucial step in the immigration process. This form is used to demonstrate that an immigrant has adequate financial support. After filling out the form, you will submit it along with your immigration application. Make sure to review all your information for accuracy before sending it off.
- Begin by downloading the most recent version of the I-864 form from the USCIS website.
- Read the instructions carefully to understand what information is required.
- Fill in your name, address, and contact information in the designated fields.
- Provide your Social Security number and date of birth.
- Indicate your relationship to the immigrant you are sponsoring.
- List your income and any assets you may have, ensuring to include all necessary documentation.
- Complete the section regarding your household size, including yourself, the immigrant, and any dependents.
- Sign and date the form at the bottom. Make sure your signature matches your name as it appears on the form.
- Review the form for any errors or omissions before submitting it.
- Make copies of the completed form and all supporting documents for your records.
- Submit the form along with your immigration application to the appropriate USCIS address.
Key takeaways
When filling out and using the USCIS I-864 form, it is crucial to keep the following key takeaways in mind:
- Eligibility Requirements: Ensure that you meet the eligibility criteria to act as a sponsor. This includes being a U.S. citizen or lawful permanent resident and having sufficient income or assets.
- Accurate Income Reporting: Report your income accurately. Use your most recent tax returns, W-2s, and pay stubs to provide a clear picture of your financial situation.
- Household Size Matters: Calculate your household size correctly. Include yourself, your dependents, and any individuals you are sponsoring. This impacts the income requirement.
- Supporting Documents: Attach all required supporting documents. This includes proof of income, tax documents, and evidence of your status as a sponsor.
- Legal Obligations: Understand your legal obligations as a sponsor. You are responsible for supporting the immigrant financially, which can have long-term implications.
Filling out the I-864 form accurately and completely is essential for a successful immigration process. Take these points seriously to avoid delays or complications.
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Documents used along the form
The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for individuals seeking to sponsor a family member for a green card. However, it is often accompanied by various other forms and documents that help support the application process. Below is a list of some common forms and documents you may encounter alongside the I-864.
- I-130 Petition for Alien Relative: This form is filed by the U.S. citizen or lawful permanent resident to establish the qualifying relationship with the family member seeking a green card.
- I-485 Application to Register Permanent Residence or Adjust Status: If the applicant is in the U.S., this form is used to apply for a green card while remaining in the country.
- I-864A Contract Between Sponsor and Household Member: This document is used when a household member contributes income or assets to help meet the financial requirements of the I-864.
- I-864EZ Affidavit of Support Under Section 213A of the Act: A simplified version of the I-864 form, it can be used by certain sponsors who meet specific criteria.
- Tax Returns: Copies of the sponsor's federal tax returns for the last three years are typically required to demonstrate income stability and financial responsibility.
- Employment Verification Letter: A letter from the sponsor's employer confirming their job title, salary, and length of employment may be necessary to establish income.
- Proof of U.S. Citizenship or Lawful Permanent Residency: This may include a birth certificate, passport, or green card to verify the sponsor's status.
- Financial Documents: Additional evidence such as bank statements, pay stubs, or other financial records can help demonstrate the sponsor's ability to support the applicant.
Each of these documents plays a vital role in the immigration process, helping to provide a complete picture of the sponsor's ability to support their family member. Ensuring that all necessary forms and documents are included can significantly enhance the chances of a successful application.
Discover More on This Form
What is the USCIS I-864 form?
The USCIS I-864 form, also known as the Affidavit of Support, is a document required by the U.S. Citizenship and Immigration Services (USCIS). It is used by a sponsor to demonstrate their ability to financially support an immigrant applying for a green card. The form ensures that the immigrant will not become a public charge, meaning they will not rely on government assistance for their basic needs.
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 green card. This includes spouses, children, and other family members. The sponsor must meet certain income requirements to show they can support the immigrant financially.
What are the income requirements for the I-864 form?
To qualify as a sponsor, your income must be at least 125% of the federal poverty guidelines for your household size. If you are active duty military and sponsoring your spouse or child, the requirement is 100% of the federal poverty guidelines. The guidelines are updated annually, so it’s essential to check the most current figures when completing the form.
What documents should be submitted with the I-864 form?
When submitting the I-864 form, you should include several supporting documents:
- Proof of your income, such as recent tax returns, W-2 forms, or pay stubs.
- Proof of your status as a U.S. citizen or lawful permanent resident, such as a birth certificate, passport, or green card.
- Any additional documentation that demonstrates your ability to support the immigrant, like bank statements or employment letters.
Can a joint sponsor help meet the income requirement?
Yes, a joint sponsor can assist in meeting the income requirement if the primary sponsor does not meet the threshold. A joint sponsor must also complete a separate I-864 form and meet the same income requirements. The joint sponsor does not have to be related to the immigrant but must be a U.S. citizen or lawful permanent resident.
What happens if the I-864 form is not filed correctly?
If the I-864 form is not completed correctly or lacks necessary documentation, it may delay the processing of the immigrant's application. In some cases, it could lead to a denial of the application. It is crucial to review the form carefully and ensure that all required information is provided accurately.