Form I-864: Affidavit of Support

What is the Form I-864 and what does it do?

The Form I-864 is a contract between the sponsor and the US Government. In order to become the sponsor, you must fill in all applicable information on the I-864 and meet the minimum mandatory guidelines set up by USCIS to become a sponsor. This includes making enough of an income and/or having enough assets to maintain the immigrant(s) you are sponsoring in your household. This is determined by ensuring that you make at least 125% of the Federal Poverty Guideline given the number of people you intend to sponsor plus the number of people already in your household. While you are not required to actually house the intending immigrant, you are merely stating that, should it become necessary, you could support the immigrant(s) if that became necessary.

As a result of this sponsorship, the immigrant(s) you intend to sponsor may not be eligible for certain forms of federal, state or local public benefits as your resources and assets will be considered in determining eligibility. In the case that the immigrant does receive a means-tested benefit, you may be required to repay the government in the amount provided.

Who needs to use the Form I-864, Affidavit of Support?

In order to obtain an immigrant visa or to adjust status to that of a legal permanent resident (LPR), the following immigrants will need to submit a form I-864:

• All immediate relatives of US citizens (spouses and unmarried children under the age of 21) and parents of US citizens age 21 and older.
• All family based preference immigrants
• Employment based preference immigrants when a US citizen or LPR filed the immigrant visa petition

What exceptions exist to who needs the Form I-864, Affidavit of Support?

The following immigrants do not need to file a Form I-864:

• Any in tending immigrant who has at least 40 qualifying quarters/credits of work in the US. What contributes to this total varies depending on your specific situation.
• Any intending immigrant who will acquire citizenship under Section 320 of the INA once admitted to the US.
• Self petitioning widows with an approved Form I-360, Petition for Amerasian, Widow, or Special Immigrant.
• Self petitioning battered spouses and children with an approved Form I-360, Petition for Amerasian, Widow, or Special Immigrant.

Who Completes and Signs the Form I-864, Affidavit of Support?

The intending immigrant’s visa is required to fill out and sign the I-864. Sponsors must be at least 18 years old and domiciled in the US. This means that he or she must have a permanent residence in the US and use the US as his/her primary residence. Sponsors must also be a US Citizen or LPR.

If more than one intending immigrant is being sponsored, a separate I-864 must be filled out for each immigrant sponsored.

What are the requirements to be a sponsor?

As discussed earlier, the sponsor must make at least 125% of the federal poverty guideline as determined by the size of his/her household.

In determining the household size of the sponsor (which in turns determines the required assets and or income to qualify to be a sponsor), the following individuals must be counted:

• All intending immigrants
• Spouse (whether or not he/she is living with the sponsor)
• All dependent children under the age of 21 (whether or not they are living with the sponsor)
• Any immigrants previously sponsored by the intending sponsor

If the sponsor cannot meet the minimum income requirements, the requirement can be met by using any combination of the following

• Income from any relatives or dependents living in your household or dependents from your most recent tax return who will sign an I-864A
• Income from the intending immigrant if that income will continue from the same source after immigration/adjustment of status and if the intending immigrant is currently living in your residence.
• The value of your assets or the assets of any household member who signed an I-864A or the assets of the intending immigrant.
• A joint sponsor whose income and/or assets will meet the requirements set forth.

The receipt of means-tested public benefits does not disqualify anyone from becoming a sponsor, but it any benefits being received cannot be counted toward requisite household income.

Supporting Documentation for the Form I-864

In addition to the form I-864, sponsors will need to provide the following:

• A copy of your most recent federal tax returns to show income
• Six months of pay check stubs
• Most recent W-2
  • If the income on your most recent W-2 does not match the income on your taxes, you may need to include an explanation of other sources of income that make up the difference.
  • If your W-2 is not available, it is advised that you include several months’ worth of bank statements with deposits highlighted to show a regular income.
  • If your W-2 is not available, it is also advised to receive a letter from your employer explaining how long you have worked for your current employer, what your position and responsibilities are, and your hourly wage or salary.

What is a Joint Sponsor?

If the principle sponsor does not meet the requirements to be the sole sponsor, the applicant will have to find another person who meets the requirements to be a joint sponsor. The joint sponsor will also fill out an I-864 and identify themselves as the “Joint Sponsor” in part one of the form. If the joint sponsor shares a residence with the principle sponsor, then a Form I-864A will be used.

Like the principle sponsor, the joint sponsor does assume responsibility to support the applicant and to repay government benefits. In a situation where a joint sponsor is required, the principle sponsor retains his or her responsibilities to the applicant as well.

What is a Substitute Sponsor and when is one required?

If the original principle sponsor passes away after the I-130 has been approved, but before the immigrant attained permanent residency, the applicant must find a substitute sponsor who meets all of the requirements of a primary sponsor. In addition, the substitute sponsor must be related to the applicant in one of the following ways: spouse, parent, mother-in-law, father-in-law, sibling, child, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild or legal guardian. Again, the substitute must be at least 18 years of age and be a US Citizen or LPR.

A Sponsor’s Obligation to the Intending Immigrant

As a sponsor, you have a legal obligation to support the intending immigrant until he or she becomes a US Citizen or until they can be credited with 40 qualifying quarters of work in the US. Generally, 40 quarters of work equates to 10 years. Since the work of a spouse or parent can contribute to the immigrant’s work credit, he or she may be able to acquire 40 quarters of credit in less than 10 years.

If the permanent resident loses legal permanent resident status and has departed the US, then your responsibilities as a sponsor terminate as well. If the permanent resident dies, your responsibilities end as well and do not get transferred to any other individual. Finally, if the permanent resident becomes subject to removal, but applies for and obtains a new grant of adjustment of status based on a new affidavit of support, then your responsibilities as a sponsor get transferred to the new sponsor.

In the case that the sponsor does not provide sufficient support to the person who becomes a permanent resident, he or she may sue the sponsor for this support.

If the sponsor changes his or her address, USCIS must be notified within 30 days of the relocation.

Immigration Attorney Assistance with the Form I-864

To learn more about the Form I-864 and becoming a sponsor or joint sponsor, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney.  Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation is available 24 hours a day, 7 days a week.  Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California.  Free immigration consultation and advice within 24 hours guaranteed.