What is the purpose of Form I-864 affidavit of support?
1. It is a contract between a sponsor (you) and the U.S. Government in which you agree to use your resources to support the intending immigrant (generally a family member such as children, spouse, and parents) if it becomes necessary.
2. You must show demonstrate that you have enough income and or assets/property to support/maintain the intending immigrant and your household at 125 percent of the Federal Poverty Guidelines.
Who must complete and submit an affidavit of support I-864?
If you are one in one of the following immigrant categories then you are required to submit Form I-864 by the petitioner for overseas immigrant visa processing or if you are already legally present in the United States, such as on a Student Visa or Visitor Visa) and thus wish to adjust status to that of a lawful permanent resident in the United States:
Immediate Relatives of U.S. Citizens Only:
– spouse (Marriage Visa)
– unmarried children under 21
– parents of U.S. citizens age 21 and older
Family-based Preference Immigrant:
1) Unmarried sons and daughters of U.S. Citizens 21 and over.
2) Married sons and daughters of U.S. Citizens regardless of the age.
3) Brothers and sisters of U.S. citizens age 21 and older
Legal Permanent Residents
2) Unmarried sons and daughters
Employment-based Preference Immigrants:
– U.S. citizen or permanent resident alien is the petitioner or
– U.S. citizen or permanent resident relative has ownership of 5 percent or more (five percent or more generally considered as a significant ownership interest) in the entity (company, business, etc…) that filed the immigrant visa petition.
What you can do to ensure the success of your submission of Form I-864 affidavit of support?
1. Submit all the required evidence, documents, photos, and or other forms of evidence all at once and when required.
2. Unless a form required originals specifically, always submit photocopies and retain the originals in a safe location. If originals submitted when not required to are not be returned in most circumstances when a copy is needed for internal United States Citizenship and Immigration Services (USCIS) records.
Finally, hire an an experienced immigration law attorney lawyer in Springfield, VA minutes from Fairfax, Arlington, and Alexandria Virginia.
How to enter data and fill out form I-864?
1. You can either directly type the information using a computer or print the information legibly in black ink (write the information in your hand writing using a black ink and make sure to write clearly and legibly.
2. If more space is required use an additional sheet and write the following information at the top of each page:
– a. Alien Registration Number A Number (if any)
– b. Part and item number relating to the answer on form I-864.
– c. Date and sign the sheet.
What are your basis for filing an affidavit of support form I-864?
1. If you are the petitioner and have already filed either of the following forms: a. Form I-129F Fiancé (Fiancee) Visa. b. Form I-130 Family Member c. Form I-600 or Form I-600A
2. If you are or have filed form I-140.
3. If you have significant interest in the entity that has or will file form I-140 for your family member.
4. If you are the only joint sponsor in situations where the petitioner need assistance in demonstrating sufficient income by combining incomes together.
5. If you are either of the two separate sponsors. a. A joint sponsor does not have to be related to the intending immigrant.
What documents/information is required by the sponsor?
1. Employer/business information.
2. Income tax for the last three years.
3. Your Social Security Number.
4. Citizenship and Permanent Resident status proof (if you have previously filed the proof already then you do nothave to resubmit the proof again.
What is the sponsor’s household size?
1. Sponsor’s household size is the number of people the sponsor is financially responsible for.
Make sure to not count the same individual more than once, if they fit in two categories and you have selected one of them then do not count or list them again in the second category.
Your unmarried children under the age of 21 whom you also claim as dependents on your income tax returns in addition to any other dependents you have claimed on your most recent Federal income tax return.
If you have ever sponsored a lawful permanent resident previously whom you are still obligated to financially support as a result of an earlier submission of Form I-864 and the legal permanent resident has not become a citizen yet.
If you are combining your income with a household member then each household member must complete and sign an I-864A and must have the same principal residence as you.
What should I keep in mind when submitting Federal Income Tax Information?
1. You must provide income tax returns for the most recent three years.
You do not need to submit copies of state tax returns.
If you did not file a tax return because you were not required to due to low income or some other reason you must attach a written explanation.
Who must complete and sign form I-864?
1. The petitioning sponsor must sign and complete form I-864 affidavit of support even if there is a join sponsor who is submitting a form I-864.
What can you do to meet the income requirement?
1. You can try a combination of the following:
a. Income from any relatives or dependents living in your household who sign a Form I-864A – contract between sponsor and household member.
b. Income from the intending immigrant if that source will continue after immigration.
c. The value of your assets or the value of the assets of household member who sign I-864.
d. A joint sponsor whose income and or assets equal at least 125 percent of the Federal Poverty Guidelines.
Who can be a joint sponsor?
1. First joint sponsor can be anyone over the age of 18 who is either U.S. Citizen or Green Card Holder.
2. Must be able to meet the income requirement without combining resources with the petitioning sponsor or a second joint sponsor.
3. The Second joint sponsor, if the first joint sponsor sponsors some but not all of the intending immigrants then a second joint sponsor can sponsor the remaining intending immigrants.
4. There may be no more than two joint sponsors and they must separately meet the income requirement for each immigrant sponsored.
How long does the obligation to financially support continue?
Obligations to support the intending immigrant in the affidavit of support I-864 will continue into the foreseeable future until one of the following conditions are met:
a. The sponsored immigrant becomes a U.S. Citizen,
b. The sponsored immigrant works for 10 years in the United States,
c. The sponsored immigrant departs the United States.
Is a separate affidavit of support form I-864 required for each family member sponsored?
1. Yes. Even if you are sponsoring more than one immigrant but for the additional family members you can submit photocopies of form I-864.
2. If a separate form I-130 was initially filed for the intending immigrant then and a separate I-864 is required.
The specific requirements for each category of immigrant visa petition and the requirement of filing an affidavit of support form I-864 can vary widely depending on the specific facts and circumstances and having an experienced Virginia Immigration Law attorney ensures that the right documents and forms are submitted along with the required evidence in a timely fashion for the success of your submission of forms.
– Through effective representation and correct drafting and filing of immigration affidavit of support form I-864 form you can ensure of the underlying immigrant petition, hire an experienced immigration lawyer attorney in Alexandria, Arlington, Fairfax, Springfield, and the DMV area.
Links to Affidavit of Support I-864 Form Form I-864