I-864 Lawyer

November 04, 2022

I-864 Lawyer: Affidavit of Support

You’ve filed an I-130 and it’s been approved. Among other documents, you need to file form I-864, the affidavit of support. The purpose of the form is to demonstrate the person you’re filing for won’t need to rely on public benefits to survive. By filing the I-864, you or a joint sponsor are telling the government that you will be financially responsible for the person being petitioned for. If the person being petitioned for needs to rely on public benefits, it will be the responsibility of the sponsor to pay back the government for every dollar taken. If the person who was filed for has already paid it back, they can sue the sponsor to be reimbursed for the cost. Not all immigrant petitions need an I-864. In order to be a sponsor you need to meet a certain economic threshold. For more information, you should contact an I-864 lawyer.

Who Needs an I-864 Affidavit of Support?

Affidavits of support are generally required for family-based visa petitions. For US citizens, they need to file an I-864 affidavit of support for any immediate relative they file for. So for any spouses, unmarried children under 21, and parents of children over 21 an I-864 is required. Spouses and unmarried children of lawful permanent residents, married children of US citizens, and siblings of US citizens 21 years of age and older also need to have an I-864 affidavit of support. An employment-based immigrant need an I-864 affidavit of support. There are some immigrants who specifically do not need to file an I-864. Those include battered spouses and children filing form I-360 for Violence Against Women Act based immigration, widows and widowers of US citizens filing form I-360, and anyone who will gain automatic citizenship once they enter the US. For more information about whether you need to file an I-864 and the kind of evidence you need for it, be sure to speak with an I-864 lawyer.

Who Qualifies?

In order to qualify as a sponsor, you need to make 125% of the Health and Human Services Poverty Guidelines, published every year. To calculate your household size, you should count yourself, the sponsored person and any dependents. If there are relatives by birth, marriage, or adoption who live at your place of residence. you can count their income for your household income. As of 2022, for a household size of 2 you need to have an annual income of $22,887.00. For 3 you need $28,787.00 and for 4 you need $34,687. For 9 or more you will need to add $5,900.00 for each person to the total for 8, $58,287.00. If you do not earn enough money to be able to qualify off your own income, there are alternatives. For one, you can count the cash value of your assets, including money in savings accounts, stocks, bonds, and property. If your cash assets are five times greater than the difference between your income and the income required, you can substitute assets for the remainder. For spouses or children 18 and over need to be three times greater than the remainder. For orphans being adopted, they don’t need to equal the remainder. You can also count the assets of the person you are sponsoring. If this is still not enough, you can try to have a joint sponsor. A joint sponsor is someone who will be legally responsible for the financial needs of the person you are filing for. They do not need to be related to the person you’re filing for. They must be able to meet the 125% requirement on their own, without support from your own income.

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