If you wish to immigrate to the United States, you will likely need to obtain Form I-864, also known as an affidavit of support. This is just one of many common types of immigration forms that prove you are eligible to come to the U.S. and meet the requirements. However, before proceeding, you need to have a thorough understanding of the affidavit of support income guidelines and the rules for joint sponsor immigration. Keep reading to find out what Form I-864 is and when it is necessary for those seeking a green card.
What Is Form I-864?
Form I-864, also known as an affidavit of support, is a signed document that allows an individual to accept financial responsibility for an immigrant family member who wishes to come to the U.S. The person who has to sign the affidavit of support is the financial sponsor and will be the one who has to meet certain USCIS sponsor requirements.
The main purpose of this form is to simply prove that the immigrant will not be a financial burden on the U.S. when they immigrate. That is why there are certain requirements for the financial sponsors as they will be the ones taking responsibility for their family members, such as by financially supporting them through their green card journey.
An affidavit of support is required for the majority of family-based immigrants as well as some employment-based immigrants. Keep in mind that along with several other requirements, financial sponsors must be either a U.S. citizen or a permanent resident and must live in the U.S. Financial sponsors also need to be at least 18 years old.
Form I-864 Affidavit of Support Requirements
Now that you know what an affidavit of support or Form I 864 is, what are the requirements for financial sponsors? It is incredibly important that you understand the sponsor requirements and choose a family member who meets all of them without question. Failing to do this can put your entire application in jeopardy and significantly slow down the immigration process.
The primary requirement is that the financial sponsor must have an annual income of at least 125% of the federal poverty guidelines. If they are having issues meeting this income requirement, here are some additional ways they can qualify:
- Include assets to meet the income requirement.
- Include the incomes of additional sponsors.
- Include any continual income from the beneficiary.
Keep in mind that if there are multiple people in the financial sponsor’s household, they will need a higher income to meet the USCIS requirements. And, if you are using income from the beneficiary to meet the income requirements, you must be able to prove that the income will continue after they have immigrated to the U.S.
Affidavit of Support Obligations
Another thing you need to be aware of before moving forward with an affidavit of support is the financial obligations of the sponsor. This is not just a legal document, it comes with certain obligations that the sponsor will have to uphold if they have signed Form I-864.
For example, the financial sponsor will have to provide the beneficiary with financial support long-term once they immigrate to the U.S. No matter the circumstances, this will be their legal obligation and there could be repercussions if they fail to do this. This applies even if the immigrant family member refuses to work and cannot financially support themselves or there is a falling out in the relationship.
The obligations of the financial sponsor will only end if one of these four things happens:
- Either the beneficiary or the sponsor dies.
- The beneficiary becomes a U.S. citizen.
- The beneficiary leaves the United States permanently.
- The beneficiary has worked for 40 quarters in the U.S.
If the sponsor wishes to sponsor other family members in the future, this can impact their ability to do so, such as by requiring them to have a higher income to meet the requirements.
Documents Needed to Support Form I-864
Like any other type of immigration form, there are many additional Form I-864 documents you need to include to prove that the financial sponsor meets the requirements. Here is a list of the documents you need to submit along with the signed affidavit of support:
- Petitioner’s federal tax returns or the IRS tax transcripts for the most recent three years.
- Any W-2 forms and 1099 forms for the last three years.
- Any joint asset values.
- A copy of a green card, if applicable.
- Form I-864A, if applicable.
- Documentation of assets if being used to meet the income requirements.
- The tax returns and W-2 forms of joint sponsors, if applicable.
- Certificate of naturalization, if applicable.
To ensure that this process goes smoothly without any delays, you need to hire an immigration attorney. An attorney will have experience with the USCIS requirements for financial sponsors and can ensure you have completed Form I-864 correctly and have provided all of the necessary documentation. Having an attorney on your side will be especially crucial if you are using joint sponsors or if your sponsor is substituting some of their income with assets.
Hire an Immigration Attorney Today
Do you need to make arrangements for immigration financial support if you wish to come to the United States? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ:
Who qualifies as a sponsor for Form I-864?
A financial sponsor for Form I-864 can include any U.S. citizen or U.S. green card holder who is 18 years old or older and is living in the United States. They must also be able to prove that they meet the income requirements so that they can provide financial support for the beneficiary.
Can I have a joint sponsor if I don’t meet the income requirements?
Yes, the USCIS allows for joint sponsors for the purpose of meeting the income requirements, whether they are household members or non-family members.
What happens if my sponsor loses their job after filing Form I-864?
Even if your financial sponsor loses their job, they are still legally obligated to provide financial support when you come to the United States. This is because Form I-864 is indefinite once the sponsor has signed it, no matter what their future financial situation looks like.
