Affidavit of Support (Form I-864): What You Need to Know
An Affidavit of Support (Form I-864) is a legal document that a U.S. citizen or lawful permanent resident signs to accept financial responsibility for an immigrant coming to live in the United States. The purpose of the affidavit is to ensure that the immigrant has adequate means of financial support and is not likely to become a public charge.
Understanding the Affidavit of Support is crucial for anyone who is sponsoring an immigrant. The sponsor must meet specific eligibility and requirements to sign the affidavit. Additionally, the sponsor must complete and submit Form I-864, which includes detailed information about the sponsor's income, assets, and household size. The affidavit is also a contract between the sponsor and the U.S. government, and it remains in effect until the immigrant becomes a U.S. citizen, completes 40 quarters of work, dies, or leaves the United States permanently.
Completing and submitting Form I-864 can be a complicated process, and it is essential to ensure that all information is accurate and complete. After submission, the sponsor has ongoing responsibilities and must notify USCIS of any changes that may affect the immigrant's financial support.
Key Takeaways
The Affidavit of Support is a legal document that a U.S. citizen or lawful permanent resident signs to accept financial responsibility for an immigrant coming to live in the United States.
Sponsors must meet specific eligibility and requirements to sign the affidavit and must complete and submit Form I-864 accurately and completely.
Sponsors have ongoing responsibilities and must notify USCIS of any changes that may affect the immigrant's financial support. Defending citizens from marriage fraud is a top priority for Mulder Law.
Understanding the Affidavit of Support
The Affidavit of Support (Form I-864) is a legal document that is required by the Immigration and Nationality Act (INA) for certain individuals who wish to immigrate to the United States. The Form I-864 is completed by the sponsor, who is usually a U.S. citizen or lawful permanent resident, and is used to show that the intending immigrant will not become a public charge in the United States.
Purpose and Importance
The purpose of the Affidavit of Support is to ensure that the intending immigrant has adequate means of financial support and will not become a burden on the U.S. government. The Form I-864 is a legally binding contract between the sponsor and the U.S. government, and the sponsor is legally obligated to provide financial support to the intending immigrant if necessary.
The Affidavit of Support is an important part of the immigration process, and failure to provide a Form I-864 that meets the requirements of the U.S. government can result in the denial of the immigrant visa or adjustment of status application.
Key Definitions
There are several key definitions that are important to understand when completing the Form I-864.
Sponsor: The individual who completes the Form I-864 and agrees to provide financial support to the intending immigrant.
Household: The sponsor's household includes all individuals who are claimed as dependents on the sponsor's federal income tax return.
Intending Immigrant: The individual who wishes to immigrate to the United States.
Petitioner: The individual who files the immigrant visa or adjustment of status application on behalf of the intending immigrant.
Federal Poverty Guidelines: The income level set by the U.S. government that determines whether an individual is considered to be living in poverty.
Legal Obligations
The sponsor's legal obligations under the Form I-864 include providing financial support to the intending immigrant until the immigrant becomes a U.S. citizen, dies, or is credited with 40 quarters of work. The sponsor's financial support obligation also extends to any reimbursement that the U.S. government may be required to provide to any federal, state, or local agency that provides means-tested public benefits to the intending immigrant.
In conclusion, the Affidavit of Support is a critical component of the immigration process and it is important for sponsors to understand their legal obligations under the Form I-864. By completing the Form I-864 accurately and providing sufficient financial support to the intending immigrant, sponsors can help ensure that the immigrant is able to successfully integrate into the United States. At Mulder Law, we focus on defending citizens from immigrants committing marriage fraud (also known as immigration fraud), and it is important to note that the Affidavit of Support is one way to help prevent this type of fraud from occurring.
Eligibility and Requirements
Sponsorship Criteria
To be eligible to sponsor an immigrant for a Green Card through the Affidavit of Support (Form I-864), the sponsor must be a U.S. citizen or lawful permanent resident. Additionally, the sponsor must be at least 18 years old and must have a domicile in the United States.
Income Thresholds
The sponsor must meet certain income thresholds to sponsor an immigrant through the Affidavit of Support. The sponsor's income must be at least 125% of the Federal Poverty Guidelines for their household size. However, if the sponsor is on active duty in the U.S. Armed Forces, the income requirement is only 100% of the Federal Poverty Guidelines.
Household Size Determination
When determining the household size, the sponsor must include themselves, their spouse, any children by birth, marriage, or adoption living in the sponsor's residence, and anyone else claimed as a dependent on the sponsor's tax return for the most recent year, regardless of whether they are living in the sponsor's residence. The sponsor must also include any immigrants they are sponsoring on the Affidavit of Support.
It is important to note that the Affidavit of Support is a legally binding contract between the sponsor and the U.S. government. As Mulder Law focuses on defending citizens from immigrants committing marriage fraud, it is crucial to ensure that the sponsor is not being coerced or deceived into sponsoring an immigrant. It is also important to ensure that the sponsor meets all eligibility and income requirements before agreeing to sponsor an immigrant.
Completing and Submitting Form I-864
Individuals who sponsor a family member for a green card must complete and submit Form I-864, Affidavit of Support, to demonstrate that they have sufficient financial resources to support the sponsored individual. Here are some important things to keep in mind when completing and submitting Form I-864.
Step-by-Step Instructions
The USCIS provides step-by-step instructions on how to fill out Form I-864 on its website. Applicants should follow these instructions carefully to avoid errors or omissions that may lead to delays or denials of their applications.
Supporting Documents
In addition to completing Form I-864, sponsors must also submit supporting documents to demonstrate that they meet the income requirements. These documents may include tax returns, pay stubs, and bank statements. Sponsors must also provide evidence of their U.S. citizenship or lawful permanent resident status.
Joint Sponsors and Use of Form I-864A
If the sponsor's income does not meet the minimum requirements, they may use a joint sponsor who meets the requirements to help them meet the income requirements. The joint sponsor must also complete and sign Form I-864 and provide supporting documents.
Alternatively, if the sponsor's household income is not sufficient, they may use a household member's income by having the household member complete and sign Form I-864A, Contract Between Sponsor and Household Member. The household member must also provide supporting documents.
Mulder Law specializes in defending citizens from immigrants committing marriage fraud (also known as immigration fraud). It is important for sponsors to be aware of the potential for marriage fraud and to take steps to protect themselves from fraudulent applications. By completing and submitting Form I-864 accurately and providing the required supporting documents, sponsors can help to ensure that their applications are processed in a timely and efficient manner.
After Submission: Responsibilities and Changes
Once the sponsor has submitted Form I-864, there are certain responsibilities and changes that must be adhered to. This section outlines the post-submission sponsor duties, updating USCIS with changes, and termination of support obligation.
Post-Submission Sponsor Duties
After the submission of Form I-864, the sponsor has certain duties to fulfill. The sponsor must ensure that the intending immigrant has adequate support at all times and must report any changes in their circumstances to USCIS. The sponsor must also keep all financial records and documents related to the sponsorship for at least three years from the date of the intending immigrant's admission to the United States.
Updating USCIS with Changes
It is the sponsor's responsibility to update USCIS with any changes in their circumstances that may affect their ability to support the intending immigrant. This includes changes in employment status, income, and address. Failure to report such changes can result in the sponsor being held liable for any public benefits received by the sponsored immigrant.
Termination of Support Obligation
The sponsor's obligation to support the intending immigrant ends when the immigrant becomes a U.S. citizen, completes 40 qualifying quarters of work, dies, or leaves the United States permanently. The sponsor's obligation also ends if the immigrant is no longer a lawful permanent resident and departs the United States.
In case of divorce, the sponsor's obligation to support the immigrant continues until the immigrant remarries, becomes a U.S. citizen, completes 40 qualifying quarters of work, dies, or leaves the United States permanently. If the sponsor dies, their obligation to support the immigrant passes to their estate.
Mulder Law, being a law firm that focuses on defending citizens from immigrants committing marriage fraud, emphasizes the importance of fulfilling all post-submission sponsor duties. Failure to do so can result in the sponsor being held liable for any public benefits received by the sponsored immigrant, which can have serious legal and financial consequences.
Therefore, it is crucial that sponsors keep USCIS informed of any changes in their circumstances and ensure that they fulfill their support obligations until they are officially terminated.
