Understanding the Importance of Form I-864 in Immigration

Form I-864, officially known as the “Affidavit of Support Under Section 213A of the INA,” is a document that is used in the United States for immigration purposes. This form is required when a U.S. citizen or a lawful permanent resident (green card holder) sponsors a family member or relative for an immigrant visa or adjustment of status to become a permanent resident.

The primary purpose of Form I-864 is to demonstrate that the sponsoring individual (the “sponsor”) has the financial means to support the intending immigrant and ensure that they will not become a public charge in the United States. By signing this affidavit, the sponsor agrees to financially support the immigrant and reimburse any government agency for means-tested public benefits the immigrant may receive while under the sponsor’s obligation.

Key points about Form I-864:

• It is legally binding: The sponsor’s commitment on Form I-864 is legally enforceable, and the sponsor can be held financially responsible for the sponsored immigrant.
• Income requirements: The sponsor must meet certain income requirements to demonstrate the ability to support the immigrant. If the sponsor’s income falls below the required threshold, they may need a joint sponsor who meets the income requirements.
• Duration: The sponsor’s financial responsibility generally lasts until the sponsored immigrant becomes a U.S. citizen, has worked for 40 quarters (usually about 10 years), dies, or leaves the United States permanently.
• Eligibility: Form I-864 is typically required for family-sponsored immigration categories, such as immediate relatives of U.S. citizens and certain family preference categories.

How to fill out Form I-864?

Filling out Form I-864, the Affidavit of Support, can be a somewhat complex process, and it’s important to do it accurately to ensure that you meet the requirements for sponsoring an immigrant. Here is the general overview of how to fill out Form I-864:

1. Download the Form: You can download the latest version of Form I-864 (Affidavit of Support) from the official U.S. Citizenship and Immigration Services (USCIS) website.
2. Gather Necessary Documents: Before you start filling out the form, you should gather all the required supporting documents, including tax returns, W-2 forms, and any other financial records. You’ll need to provide evidence of your income and financial assets.
3. Complete the Form: Here are the general steps for completing Form I-864:
4. Part 1 – Information About You (the sponsor): Provide your personal information, including your name, address, and contact information. Make sure to use accurate and up-to-date information.
5. Part 2 – Information About the Immigrant: Provide information about the sponsored immigrant, including their name, relationship to you, and any accompanying family members.
6. Part 3 – Additional Information About You (the sponsor): This section may require additional details about your employment, assets, and financial situation. Be prepared to provide specific financial information.
7. Part 4 – Sponsor’s Statement, Contact Information, Declaration, and Signature: Sign and date the form in this section.
8. Part 5 – Interpreter’s Contact Information, Certification, and Signature (if applicable): If you used an interpreter to assist in completing the form, provide their information and their certification.
9. Supporting Documents: Attach the required supporting documents, including your most recent federal income tax return (Form 1040) and W-2 forms. If you’re using assets to meet the income requirements, you’ll need to provide documentation for those assets.
10. Review and Assemble: Double-check your form and all attached documents to ensure everything is complete and accurate.
11. Filing the Form: Follow the instructions on the USCIS website for where and how to file the form. Filing locations may vary depending on the specific immigrant visa or adjustment of status process.
12. Fee Payment: There may be a filing fee associated with Form I-864. Be sure to include the correct payment method, such as a check or money order.
13. Receipt and Follow-Up: After submitting the form, you should receive a receipt notice from USCIS. Keep this notice for your records and be prepared for any follow-up requests or interviews.