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The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document that ensures immigrants have adequate financial support from their sponsors. This form is essential for family-based immigration, as it helps demonstrate that the immigrant will not become a public charge. By signing the I-864, sponsors take on a legal obligation to support the immigrant financially.

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Misconceptions

The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for individuals seeking to sponsor an immigrant. However, several misconceptions surround this form. Below is a list of common misunderstandings.

Only U.S. citizens can file the I-864 form. Many believe that only citizens can be sponsors. In reality, lawful permanent residents (green card holders) can also file the form.
Income must come from a job. Some think that only salary counts as income. However, other sources such as investments, pensions, and even certain government benefits can be included.
The I-864 guarantees that the immigrant will get a green card. While the form is necessary for the immigration process, it does not guarantee approval of the green card application.
Once the I-864 is filed, the sponsor has no further obligations. This is misleading. The sponsor remains financially responsible for the immigrant until they become a U.S. citizen or can be credited with 40 quarters of work.
All sponsors must meet the same income requirements. In fact, income requirements vary based on the number of people in the household and the poverty guidelines set by the U.S. government.
The I-864 is only for family members. While it is primarily used for family-based immigration, it can also be utilized for certain employment-based immigration cases.
Submitting the I-864 is optional. This form is mandatory for most family-based immigration cases, and failing to submit it can result in application denial.
Assets cannot be used to meet the income requirement. Contrary to this belief, sponsors can use their assets to supplement income if it does not meet the minimum threshold.
The I-864 form is a one-time requirement. Some assume that once the form is submitted, it is done. However, sponsors may need to provide updates or additional information if circumstances change.

Understanding these misconceptions can help potential sponsors navigate the immigration process more effectively. It is essential to approach the I-864 with accurate information to ensure compliance and support for the immigrant's journey.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for individuals seeking to sponsor a family member for a green card. Along with this form, several other documents may be required to ensure a complete application. Each of these documents serves a specific purpose in the immigration process, helping to demonstrate the sponsor's ability to support the applicant financially.

USCIS I-130 Form: This is the Petition for Alien Relative. It establishes the relationship between the sponsor and the applicant, allowing the applicant to seek a green card based on family ties.
USCIS I-485 Form: This is the Application to Register Permanent Residence or Adjust Status. It is used by individuals who are already in the U.S. to apply for a green card.
USCIS I-864A Form: This is the Contract Between Sponsor and Household Member. It is used when a household member contributes to the sponsor's income, providing additional financial support.
USCIS I-864EZ Form: This is a simplified version of the I-864 form for sponsors who meet certain criteria. It streamlines the process for those who qualify.
Tax Returns: Sponsors must provide copies of their federal income tax returns for the past three years. This helps demonstrate their financial stability and ability to support the applicant.
Employment Verification Letter: A letter from the sponsor's employer can confirm their current employment status and income, further supporting their financial claims.
Proof of Assets: If the sponsor's income is insufficient, they may need to provide documentation of assets, such as bank statements or property deeds, to show they can financially support the applicant.

Each of these documents plays a vital role in the immigration process. By providing the necessary forms and supporting materials, sponsors can help ensure a smoother application experience for their family members. Understanding these requirements is essential for anyone involved in the sponsorship process.

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Dos and Don'ts

When filling out the USCIS I-864 form, it's essential to approach the task with care. This form, known as the Affidavit of Support, plays a crucial role in the immigration process. Here are some important dos and don'ts to consider:

Do ensure that all information is accurate and up-to-date.
Do provide supporting documentation to verify your income and financial status.
Do sign and date the form in the appropriate sections.
Do keep a copy of the completed form for your records.
Don't leave any sections blank; if a question does not apply, write "N/A."
Don't forget to check the form for errors before submission.

By following these guidelines, you can help ensure that your I-864 form is completed correctly, which may facilitate a smoother immigration process.

Form Specs

Fact Name	Description
Purpose of Form	The I-864 form is used to demonstrate that an immigrant has adequate financial support and will not become a public charge.
Who Must File	Typically, a sponsor who is a U.S. citizen or lawful permanent resident must file the I-864 for the immigrant they are sponsoring.
Income Requirements	The sponsor's income must be at least 125% of the federal poverty guidelines for their household size.
Joint Sponsors	If the primary sponsor's income is insufficient, a joint sponsor can also file an I-864 to meet the financial requirements.
State-Specific Considerations	While the I-864 is a federal form, state laws may influence the sponsor's obligations, particularly regarding divorce or separation laws.
Duration of Obligation	The financial obligation lasts until the immigrant becomes a U.S. citizen, has worked for 40 quarters, or dies.

Discover More on 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 required by U.S. immigration authorities. It is used to demonstrate that an immigrant has adequate financial support and will not become a public charge. The form must be completed by a sponsor, typically a family member or employer, who agrees to financially support the immigrant. This ensures that the immigrant has the necessary means to live in the United States without relying on government assistance.

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 for a family-based or employment-based visa. This includes:

Immediate relatives of U.S. citizens, such as spouses, children, and parents.
Other family members, including siblings and married children, if they are eligible for a visa.
Certain employment-based immigrants, if required by the specific visa category.

It is important to note that the sponsor must meet specific income requirements to ensure they can provide adequate support.

What are the income requirements for the I-864 form?

To successfully complete the I-864 form, the sponsor must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size. The guidelines are updated annually and vary depending on the number of people in the household. For sponsors on active duty in the military, the requirement is reduced to 100% of the guidelines. Household size includes the sponsor, the immigrant, and any dependents. It is essential to provide accurate documentation, such as tax returns and pay stubs, to support the income claims made on the form.

What happens if the sponsor's income does not meet the requirements?

If the sponsor's income does not meet the required threshold, there are several options to consider:

The sponsor may include a joint sponsor who meets the income requirements. This person must also complete a separate I-864 form.
Assets can be used to supplement the income. If the sponsor has significant savings or property, these can be counted towards the financial support requirement.
In some cases, the sponsor may provide a letter of employment or additional documentation that demonstrates potential for increased income.

It is crucial to explore these options carefully, as the goal is to ensure that the immigrant will have adequate financial support upon arrival in the United States.