What is Form I-864?
What is Form I-864?
Form I-864, Affidavit of Support, is a document required by U.S. immigration law for certain family-based and employment-based immigrants. It serves as a contract in which a U.S. citizen or lawful permanent resident (green card holder) agrees to financially support the intending immigrant once they become a lawful permanent resident. By signing Form I-864, the petitioner (sponsor) ensures that the immigrant will not become a public charge by relying on government benefits.
The affidavit of support demonstrates that the sponsor has sufficient income or assets to support the intending immigrant at 125% of the federal poverty guidelines. This form is typically required when a U.S. citizen or lawful permanent resident petitions for a family member, such as a spouse, child, parent, or sibling, to immigrate to the United States.
Who Must File Form I-864?
The sponsor who filed the immigrant petition (usually Form I-130, Petition for Alien Relative) is the one required to complete Form I-864. The primary sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident and must meet the income requirements to ensure the immigrant will not need to rely on government assistance.
In some cases, if the petitioner does not meet the income requirements alone, a joint sponsor or household member can also file Form I-864 to provide additional financial support.
Why is Form I-864 Required?
U.S. immigration law requires Form I-864 to protect public funds and ensure that immigrants have financial backing once they enter the country. This form holds the sponsor legally responsible for providing financial support to the immigrant for a period of time, usually until the immigrant becomes a U.S. citizen, works for 40 qualifying quarters (about 10 years), or no longer has lawful permanent resident status.
The sponsor’s responsibility includes covering basic living expenses such as food, housing, medical care, and other necessities if needed. If the immigrant receives public benefits (such as Supplemental Security Income or Temporary Assistance for Needy Families), the government can seek reimbursement from the sponsor.
Key Eligibility Requirements for Sponsors
Sponsors must meet the following criteria to file Form I-864:
U.S. Citizenship or Lawful Permanent Resident Status: The sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident (green card holder).
Minimum Income Requirement: The sponsor must have an annual income that is at least 125% of the U.S. federal poverty guidelines for their household size. Active-duty military members petitioning for their spouse or children must meet 100% of the federal poverty guidelines.
Domicile in the U.S.: The sponsor must reside in the United States. Sponsors living abroad must prove that their residence abroad is temporary and that they maintain a U.S. domicile.
What Happens After Filing Form I-864?
Once Form I-864 is submitted, U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State will review the affidavit along with the immigrant’s visa or green card application. If approved, the immigrant will move forward with their immigration process.
The sponsor’s obligation to support the immigrant begins as soon as the immigrant is granted lawful permanent resident status. This obligation can last for many years, depending on the immigrant’s future circumstances.
Common Scenarios Where Form I-864 is Needed
Family-Based Immigration: When petitioning for family members such as spouses, children, parents, or siblings, the U.S. citizen or permanent resident must file Form I-864 to provide financial support for the immigrant.
Employment-Based Immigration: In some cases, an employment-based immigrant will need Form I-864 if the petition is filed by a U.S. employer and the immigrant’s relative owns at least 5% of the business sponsoring the immigrant.
Immigrants Adjusting Status in the U.S.: Form I-864 is also required when an immigrant is applying for a green card within the U.S. through adjustment of status.
How 123Citizen Can Help
At 123Citizen, we understand that filing Form I-864 can be a critical part of the immigration process. With our easy-to-use platform, we guide you step-by-step through completing the Affidavit of Support, ensuring that you meet the income requirements and provide the necessary documentation.
Whether you’re petitioning for a family member or assisting someone with their immigration journey, 123Citizen is here to simplify the process. Our expert guidance will help ensure your Form I-864 is filed correctly and on time, allowing you to focus on supporting your loved ones as they move toward their new life in the U.S.
Contact 123Citizen today for help with your Form I-864 and all your immigration needs!
