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The USCIS I-864 form, commonly known as the Affidavit of Support, plays a crucial role in the immigration process for family members seeking to join their relatives in the United States. This form serves as a legally binding contract between the sponsor and the U.S. government, ensuring that the sponsored immigrant will not become a public charge. By completing the I-864, the sponsor demonstrates their financial ability to support the immigrant, which is assessed through various criteria such as income, household size, and tax filings. The form requires detailed information about the sponsor’s financial situation, including employment status and assets, which must meet or exceed the federal poverty guidelines. Additionally, the I-864 must be submitted alongside the immigrant's application for a green card, making it a vital component of the immigration journey. Understanding the nuances of this form is essential for both sponsors and applicants, as it influences the outcome of the immigration process and the future stability of the immigrant in the United States.
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Documents used along the form
The USCIS I-864 form, also known as the Affidavit of Support, is an important document for those sponsoring immigrants. It demonstrates the sponsor's ability to financially support the immigrant. Along with the I-864, several other forms and documents are commonly required to ensure a complete application. Below is a list of these forms, each serving a specific purpose in the immigration process.
- USCIS Form I-130: This is the Petition for Alien Relative. It establishes the relationship between the sponsor and the immigrant, allowing the latter to apply for a visa.
- USCIS Form I-485: Known as the Application to Register Permanent Residence or Adjust Status, this form is used by immigrants already in the U.S. to apply for a green card.
- USCIS Form I-864A: This is the Contract Between Sponsor and Household Member. It is used when a household member's income is included to help meet the financial requirements.
- USCIS Form I-693: The Report of Medical Examination and Vaccination Record must be submitted to show that the immigrant meets health requirements.
- California ATV Bill of Sale Form: For a smooth ownership transfer, refer to the essential California ATV Bill of Sale documentation to ensure your transaction is legally protected.
- USCIS Form G-325A: This is the Biographic Information form. It provides personal details about the immigrant and is often required for background checks.
These forms and documents are critical in the immigration process. Each serves to support the application and verify the information provided. Ensuring all necessary paperwork is submitted can significantly impact the outcome of the application.
Form Breakdown
| Fact Name | Description |
|---|---|
| Purpose | The I-864 form is used to demonstrate that a sponsor has sufficient income or financial resources to support an immigrant. |
| Eligibility | U.S. citizens and lawful permanent residents can act as sponsors for family-based immigration. |
| Income Requirement | The sponsor's income must be at least 125% of the Federal Poverty Guidelines for their household size. |
| Household Size | Household size includes the sponsor, their dependents, and the immigrant being sponsored. |
| Joint Sponsors | If the primary sponsor does not meet the income requirement, a joint sponsor can submit a separate I-864. |
| Binding Contract | The I-864 creates a legally binding contract between the sponsor and the U.S. government. |
| Duration of Obligation | The sponsor's financial obligation lasts until the immigrant becomes a U.S. citizen or has worked 40 quarters. |
| State-Specific Forms | Some states may have additional requirements, but the I-864 is governed by federal law. |
| Submission Process | The completed I-864 must be submitted with the immigrant visa application or adjustment of status application. |
More About USCIS I-864
What is the USCIS I-864 form?
The USCIS I-864 form, also known as the Affidavit of Support, is a document that a sponsor submits to show that they can financially support an immigrant. This form is typically required when someone is applying for a family-based green card. The sponsor must demonstrate that their income is at least 125% of the federal poverty guidelines for their household size.
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 spouses, children, parents, and siblings. If there are multiple sponsors, each must submit their own I-864 form. The primary sponsor is usually the petitioner, but additional sponsors can help meet the income requirements.
What are the income requirements for the I-864 form?
The sponsor's income must meet or exceed 125% of the federal poverty level for their household size. For active military members, the requirement is 100% of the poverty level. The income can come from various sources, including wages, self-employment, and certain benefits. If the sponsor’s income does not meet the requirement, they can use assets or enlist a joint sponsor to help meet the criteria.
What if the sponsor's income is not sufficient?
If the sponsor's income falls short, they have a few options. They can use assets to make up the difference, such as savings accounts or property. Alternatively, a joint sponsor can be brought in. A joint sponsor must also file an I-864 form and meet the income requirements on their own. This allows the immigrant to have multiple sources of financial support.
How long does the I-864 form remain in effect?
The obligations under the I-864 form generally last until the sponsored 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. This means that the sponsor is responsible for supporting the immigrant during this time, and the U.S. government can enforce this obligation if necessary.
Where do I submit the I-864 form?
The I-864 form is submitted to USCIS along with the immigrant's application for a green card. The specific mailing address depends on the form of application and the location of the applicant. Always check the latest instructions on the USCIS website to ensure you are sending it to the correct address. It’s important to keep a copy of the completed form for your records.
USCIS I-864: Usage Steps
After obtaining the USCIS I-864 form, you will need to carefully fill it out to ensure that all required information is provided accurately. This form is essential for those who are sponsoring an immigrant to demonstrate their ability to support them financially. Following the steps outlined below will help you complete the form correctly.
- Begin by downloading the latest version of the I-864 form from the USCIS website.
- Read the instructions provided with the form to understand the requirements and gather necessary documents.
- Fill out Part 1, providing your personal information, including your name, address, and contact details.
- In Part 2, indicate your relationship to the immigrant you are sponsoring.
- Complete Part 3 by entering your financial information, including your annual income and employment details.
- In Part 4, list any dependents you claim on your tax return, including their names and ages.
- Part 5 requires you to provide information about any other sponsors, if applicable.
- Review Part 6 to ensure you have included all required signatures and dates.
- Finally, double-check all information for accuracy and completeness before submitting the form.
Once the form is filled out, you will need to submit it along with any required supporting documents to the appropriate USCIS address. Ensure you keep copies of everything for your records.