The I-864 Affidavit of Support: What You Need to Know
The I-864 Affidavit of Support is a legal document that a sponsor must file when they move or change their address. It is an essential part of the immigration process that ensures the financial stability of the immigrant. The sponsor is responsible for ensuring that the immigrant has enough financial support to cover their basic needs, such as food, housing, and medical care.
The affidavit of support is a legally binding contract that the sponsor signs, and it lasts until the immigrant becomes a U.S. citizen or has worked for 40 quarters (10 years). The law regarding the affidavit of support can be found in Sections 212(a)(4) and 213A of the Immigration and Nationality Act (INA). Failure to comply with the requirements of the affidavit of support can result in serious consequences for the sponsor.
Key Takeaways
The I-864 Affidavit of Support is a legal document that sponsors must file when they move or change their address.
The sponsor is responsible for ensuring that the immigrant has enough financial support to cover their basic needs.
The affidavit of support is a legally binding contract that lasts until the immigrant becomes a U.S. citizen or has worked for 40 quarters, and failure to comply can result in serious consequences for the sponsor.
Overview of the I-864 Affidavit of Support
The I-864 Affidavit of Support is a document that sponsors of immigrants must file to report a change of address. This form is required for any person or entity that has previously filed a Form I-864 (Affidavit of Support) and has sponsored an immigrant for a visa.
The I-864 form is a legal document that is enforceable, and the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen or is credited with 40 quarters of work, which is usually 10 years. The law concerning the affidavit of support is found in Sections 212 (a) (4) and 213A of the Immigration and Nationality Act (INA).
Sponsors of immigrants are responsible for providing financial support to the immigrant, and the I-864 Affidavit of Support is a way to ensure that the sponsor's information is up-to-date and accurate. Failing to report a change of address can result in serious consequences for the sponsor, such as fines or even imprisonment. Therefore, it is crucial for sponsors to file the I-864 form within 30 days of moving to a new address.
In summary, the I-864 Affidavit of Support is a critical document that sponsors of immigrants must file to report a change of address. It is a legal document that is enforceable, and sponsors must ensure that their information is up-to-date and accurate to avoid any legal consequences.
Eligibility Requirements
To sponsor an immigrant, the sponsor must meet certain eligibility requirements. These requirements are divided into two categories: Sponsor Qualifications and Beneficiary Eligibility.
Sponsor Qualifications
To be a sponsor, the individual must be a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also be at least 18 years old and have a domicile in the United States. The sponsor must be able to provide proof of financial support by meeting the minimum income requirements set by the Department of Homeland Security (DHS).
Beneficiary Eligibility
The beneficiary must be an intending immigrant who is eligible to apply for an immigrant visa or adjustment of status. The beneficiary must also be related to the sponsor in one of the following categories: immediate relative, family preference, or employment-based.
It is important to note that the sponsor is responsible for supporting the beneficiary and ensuring that the beneficiary does not become a public charge. The sponsor must provide financial support to the beneficiary until the beneficiary becomes a U.S. citizen, has worked for 40 qualifying quarters, or is no longer a permanent resident and has departed the United States.
To summarize, the sponsor must be a U.S. citizen or LPR who meets the income requirements and is willing to provide financial support to the beneficiary. The beneficiary must be an intending immigrant who is related to the sponsor and is eligible to apply for an immigrant visa or adjustment of status.
Form I-864 Details
When a sponsor who has submitted Form I-864, Affidavit of Support, changes their address, they must notify the U.S. Citizenship and Immigration Services (USCIS) by submitting Form I-864, Sponsor's Notice of Change of Address. This is an important step in fulfilling the sponsor's obligations to support the sponsored immigrant.
Required Documentation
Along with Form I-864, the sponsor must include the USPS certified mail receipt or Express Mail shipping label, along with a return receipt, both bearing postmarks and the address where Form I-864 was mailed. If the sponsor is no longer able to support the immigrant, they must provide evidence that the immigrant has become a U.S. citizen, has been credited with 40 quarters of work, or is no longer in the United States.
Filing Procedures
Form I-864 must be filed within 30 days of the sponsor's address change. The sponsor must ensure that the form is completed correctly and that all required documentation is included. The sponsor must also pay the filing fee, if applicable.
Processing Times
The processing time for Form I-864 varies depending on the workload of the USCIS. The sponsor should allow several weeks for processing. It is important to note that the sponsor's obligations under Form I-864 do not end until the immigrant becomes a U.S. citizen, has been credited with 40 quarters of work, or is no longer in the United States.
As a sponsor, it is important to fulfill all obligations under Form I-864, including notifying the USCIS of any address changes by filing Form I-864. By doing so, the sponsor can ensure that they are fulfilling their legal obligations and supporting the sponsored immigrant.
Financial Requirements
To sponsor an immigrant to the United States, the sponsor must file an affidavit of support (Form I-864). The affidavit of support is a legally enforceable contract between the sponsor and the U.S. government. The purpose of the affidavit of support is to ensure that the sponsored immigrant will not become a public charge and will have adequate means of support.
Income Thresholds
The sponsor must meet certain income requirements to be eligible to sponsor an immigrant. The income requirements are based on the sponsor's household size and the number of immigrants being sponsored. The sponsor's income must be at least 125% of the federal poverty guidelines for their household size. The federal poverty guidelines change annually, and the most recent guidelines should be used.
If the sponsor's income is not sufficient to meet the income requirements, the sponsor may be able to use assets to supplement their income. Assets that may be considered include savings accounts, stocks, and real estate. The value of the assets must be at least five times the difference between the sponsor's income and the income required to meet the poverty guidelines.
Assets Consideration
When using assets to supplement income, the sponsor must provide evidence of ownership and the value of the assets. The assets must be liquid and readily available to the sponsor. The sponsor must also provide evidence of the asset's value, such as a recent appraisal or a statement from a financial institution.
It is important to note that the use of assets to supplement income is subject to certain restrictions. For example, the sponsor cannot use the equity in their primary residence to meet the asset requirement. In addition, the sponsor cannot use assets that are being used to support another family member who is also seeking immigration benefits.
In conclusion, the financial requirements for sponsoring an immigrant to the United States are strict and must be met in order to ensure that the sponsored immigrant will not become a public charge. The sponsor must meet the income requirements or use assets to supplement their income, and must provide evidence of ownership and value of the assets.
Legal Obligations of the Sponsor
When a U.S. citizen or lawful permanent resident sponsors an immigrant for a green card, they are required to sign an Affidavit of Support (Form I-864) to demonstrate that they can financially support the immigrant. This is a legally binding contract between the sponsor and the U.S. government, and the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).
Duration of Financial Responsibility
The sponsor's financial responsibility begins as soon as the immigrant becomes a permanent resident. The sponsor is responsible for ensuring that the immigrant has enough income to meet the Federal Poverty Guidelines. If the immigrant receives means-tested public benefits, the sponsor may be required to reimburse the government for those benefits. The sponsor's financial responsibility may continue even if the sponsor and immigrant divorce, unless the immigrant remarries or becomes a U.S. citizen.
Sponsor's Liabilities
The sponsor is responsible for providing the immigrant with financial support and ensuring that the immigrant does not become a public charge. If the immigrant receives means-tested public benefits, the sponsor may be required to reimburse the government for those benefits. The sponsor's financial responsibility may continue even if the sponsor and immigrant divorce, unless the immigrant remarries or becomes a U.S. citizen.
It is important for sponsors to understand their legal obligations under the Affidavit of Support. Failure to fulfill these obligations can result in legal action against the sponsor, including lawsuits and fines. Therefore, sponsors should carefully consider their ability to provide financial support before signing the Affidavit of Support.
Enforcement and Consequences
Breach of Contract
The I-864 Affidavit of Support is a legally binding contract between the sponsor and the U.S. Government. The sponsor agrees to provide financial support to the sponsored immigrant, and in exchange, the immigrant can become a permanent resident of the United States. If the sponsor fails to provide the necessary support, the immigrant can sue the sponsor for breach of contract.
In the event of a breach of contract, the immigrant can sue the sponsor for the amount of support that was not provided. The immigrant can also sue for attorney fees and court costs. In some cases, the sponsor may be required to pay punitive damages.
Federal Remedies
If the immigrant chooses to sue the sponsor for breach of contract, the case will be heard in federal court. The sponsor may also be subject to other federal remedies, such as fines or imprisonment.
It is important for sponsors to understand the consequences of breaching the I-864 Affidavit of Support. Failure to provide the necessary support can result in serious legal and financial consequences. Therefore, sponsors should carefully consider their ability to provide financial support before signing the I-864 Affidavit of Support.
In conclusion, sponsors should be aware of the legal obligations and potential consequences of signing the I-864 Affidavit of Support. If the sponsor is unable to provide the necessary support, he or she should consider alternative options, such as finding a joint sponsor or delaying the immigration process.
Termination of the Affidavit of Support
An affidavit of support is a legally binding contract that the sponsor signs to accept financial responsibility for the sponsored immigrant. It is important to understand the conditions for terminating the affidavit of support to avoid any legal or financial repercussions.
Conditions for Termination
The affidavit of support, Form I-864, terminates when any of the following conditions are met:
The sponsored immigrant becomes a U.S. citizen.
The sponsored immigrant is credited with 40 quarters of work (usually 10 years).
The sponsored immigrant dies.
The sponsor dies.
The sponsored immigrant ceases to be a permanent resident and departs the United States.
The sponsored immigrant is no longer eligible to receive federal means-tested public benefits.
It is important to note that the sponsor's obligation under the affidavit of support is not terminated by the divorce or separation of the sponsor and the sponsored immigrant. In fact, the sponsor's obligation continues even if the sponsored immigrant remarries.
It is also important to understand that the sponsored immigrant has the right to sue the sponsor for support if the sponsor fails to provide adequate support. However, the sponsor can defend against such a lawsuit by showing that he or she is unable to provide support due to a change in circumstances beyond his or her control.
In conclusion, understanding the conditions for terminating the affidavit of support is crucial for both the sponsor and the sponsored immigrant. It is advisable to seek legal advice if there are any questions or concerns regarding the affidavit of support.
Common Questions and Answers
Sponsoring an immigrant through the Affidavit of Support process can be a daunting task. Sponsors may have many questions about their responsibilities and obligations under this legal agreement. Below are some common questions and answers that may help clarify the process.
What is the purpose of the I-864 Affidavit of Support?
The I-864 Affidavit of Support is a legal contract that a sponsor signs to financially support an immigrant. The purpose of this document is to ensure that the immigrant will not become a public charge and that the sponsor will provide financial support to the immigrant if they are unable to support themselves.
Who is required to file an I-864 Affidavit of Support?
If a sponsor has previously filed an I-864 Affidavit of Support and they move to a new address, they are required to file an I-864 to notify USCIS of their new address. Failure to do so may result in the termination of the Affidavit of Support.
What are the sponsor's obligations under the I-864 Affidavit of Support?
The sponsor's obligations under the I-864 Affidavit of Support are to provide financial support to the immigrant if they are unable to support themselves. The sponsor's responsibility usually lasts until the immigrant becomes a U.S. citizen, or is credited with 40 quarters of work. The sponsor must also notify USCIS of any changes in their address or income.
What happens if the sponsor fails to meet their obligations under the I-864 Affidavit of Support?
If the sponsor fails to meet their obligations under the I-864 Affidavit of Support, the immigrant may be able to sue the sponsor for financial support. The sponsor may also be liable for any public benefits that the immigrant receives.
Can the sponsor withdraw their I-864 Affidavit of Support?
No, the sponsor cannot withdraw their I-864 Affidavit of Support. This is a legally binding contract that the sponsor signs to financially support the immigrant. The sponsor's obligations under the I-864 Affidavit of Support last until the immigrant becomes a U.S. citizen, or is credited with 40 quarters of work.
Resources and Assistance
Sponsors of immigrants who have filed an I-864 affidavit of support may need assistance or resources at some point. If a sponsor needs to update their address, they can file the I-864 form. The USCIS Nebraska Service Center is responsible for processing these forms and can be reached at the address listed on the form.
If a sponsor has questions about the affidavit of support or the requirements, they can visit the USCIS website for more information. The website provides a comprehensive guide to the affidavit of support and includes information on the legal requirements, financial obligations, and other important details.
Sponsors can also seek assistance from an immigration attorney or a non-profit organization that provides legal services to immigrants. These organizations can assist sponsors with completing the affidavit of support, understanding their legal obligations, and providing guidance on how to comply with the requirements.
In addition, sponsors can find resources and information on the USCIS website, including a list of frequently asked questions, instructional videos, and other helpful resources. It is important for sponsors to stay informed and up-to-date on the requirements of the affidavit of support to ensure that they fulfill their legal obligations.
Overall, there are resources and assistance available to sponsors of immigrants who have filed an I-864 affidavit of support. Whether a sponsor needs to update their address, seek legal advice, or find additional information, they can find the help they need to fulfill their obligations and support their sponsored immigrant.
