The Form I-864, also known as the Affidavit of Support, plays a crucial role in the immigration process for individuals seeking to move to the United States. This form is designed to ensure that intending immigrants have adequate financial support and will not become a public burden. In this comprehensive guide, we will delve into the intricacies of the Form I-864, its purpose, requirements, obligations, and important considerations for both sponsors and immigrants.
Purpose of the Form I-864
The primary purpose of the Form I-864 is to demonstrate to the U.S. government that an intending immigrant has sufficient financial support to prevent them from becoming dependent on government assistance programs. By signing this form, the sponsor accepts responsibility for financially supporting the immigrant beneficiary, ensuring they have the means to meet their basic needs.
Who Needs to File Form I-864?
The Form I-864 is typically required in family-based immigration cases, where a U.S. citizen or lawful permanent resident petitions for a family member to immigrate to the United States. This includes immediate relatives such as spouses, parents, and unmarried children under 21 years old, as well as certain other relatives in family preference categories.
Requirements for Sponsors
Sponsors must meet specific eligibility criteria to file Form I-864. These requirements include:
1. U.S. Citizenship or Lawful Permanent Residence: The sponsor must be either a U.S. citizen or a lawful permanent resident (green card holder).
2. Age: The sponsor must be at least 18 years old.
3. Domicile in the United States: The sponsor must be living in the United States and intend to maintain their principal residence in the country.
4. Income Requirement: Sponsors must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size. If the sponsor’s income is insufficient, they may use assets or a joint sponsor to meet the financial requirements.
Obligations of the Sponsor
By signing the Form I-864, sponsors agree to fulfill certain obligations, including:
1. Financial Support: Sponsors commit to providing financial support to the immigrant beneficiary until they become a U.S. citizen, have worked or earned credit for 40 quarters of work in the United States, die, or leave the United States permanently.
2. Repayment of Public Benefits: Sponsors are responsible for reimbursing any means-tested public benefits received by the immigrant beneficiary while the Form I-864 is in effect.
3. Notification of Change of Address: Sponsors must inform the U.S. Citizenship and Immigration Services (USCIS) of any change of address within 30 days of the move.
Documentation Required
When filing Form I-864, sponsors must submit supporting documentation to prove their eligibility and ability to financially support the immigrant beneficiary. Required documents may include:
1. Tax Returns: Sponsors must provide copies of their most recent federal income tax returns, including all supporting documents such as W-2 forms and 1099s.
2. Proof of Income: Sponsors must submit evidence of their current income, such as pay stubs, employment letters, or statements of income from other sources.
3. Asset Documentation: If relying on assets to meet the income requirements, sponsors must provide documentation proving ownership and value of those assets.
4. Proof of Citizenship or Lawful Permanent Residence: Sponsors must include a copy of their U.S. passport, birth certificate, certificate of naturalization, or green card.
Joint Sponsors
In cases where the primary sponsor’s income is insufficient to meet the financial requirements, a joint sponsor may be used. A joint sponsor is someone who is willing to accept legal responsibility for supporting the immigrant beneficiary and meets all the eligibility criteria for sponsors outlined above.
Withdrawal of the Form I-864
Once the Form I-864 is filed, it cannot be withdrawn unilaterally. However, there are limited circumstances in which a sponsor may be released from their obligations under the affidavit of support. These include:
1. Death of the Sponsor or Immigrant: If either the sponsor or the immigrant beneficiary dies, the obligations under the Form I-864 are terminated.
2. Divorce: In cases of divorce, the obligations of the sponsor may be terminated if the divorce occurs before the immigrant beneficiary obtains lawful permanent residence and certain other conditions are met.
3. Termination of Residency: If the immigrant beneficiary loses their lawful permanent resident status and leaves the United States, the obligations under the Form I-864 are terminated.
Conclusion
The Form I-864 is a critical component of the U.S. immigration process, ensuring that intending immigrants have adequate financial support upon their arrival in the United States. Sponsors play a vital role in this process, committing to providing financial assistance to immigrant beneficiaries until they are able to support themselves. Understanding the requirements, obligations, and implications of the Form I-864 is essential for both sponsors and immigrants embarking on the immigration journey. By complying with the provisions of this form, sponsors help facilitate the immigration process and promote the successful integration of immigrants into American society.
