What is the USCIS I-864 form?
The USCIS I-864 form, also known as the Affidavit of Support Under Section 213A of the INA, is a document that a sponsor must complete and sign to accept financial responsibility for a relative who is coming to the United States to live permanently. This form is used by the U.S. Citizenship and Immigration Services (USCIS) to assess the sponsor's ability to support the immigrant.
Who needs to fill out the USCIS I-864 form?
U.S. citizens or lawful permanent residents who are sponsoring a family member for a green card must fill out the I-864 form. This includes anyone who is bringing a relative to live in the United States permanently, applying for a family-based green card, or supporting a family member's adjustment of status application.
What information do I need to provide in the I-864 form?
In the I-864 form, you must provide detailed information about your employment, income, assets, household size, and your relationship to the person you are sponsoring. You also need to provide proof of your U.S. citizenship or lawful permanent resident status, along with your federal income tax returns for the most recent tax year.
Is there a minimum income requirement for the I-864 form?
Yes, there is a minimum income requirement. You must demonstrate that your income is at least 125% of the Federal Poverty Guidelines for your household size, including the relative you are sponsoring. These guidelines change annually and vary based on household size and location.
Can assets be used to meet the income requirements?
Yes, if your income does not meet the required threshold, you can use the value of your assets, such as savings, real estate, stocks, and bonds, to supplement your income. The value of your assets must be at least five times the difference between your income and the required income threshold, unless you are sponsoring a spouse or minor child.
What happens if I fail to provide sufficient support to the immigrant?
If you fail to provide sufficient financial support to the immigrant you are sponsoring, you may be sued by the immigrant or the government agency that provided public benefits to the immigrant. The purpose of the I-864 form is to ensure that the immigrant does not become a public charge, or reliant on government assistance.
Can the obligation to support the immigrant ever be terminated?
The obligation to support the immigrant continues until the immigrant becomes a U.S. citizen, has worked 40 quarters credited towards Social Security (approximately 10 years), leaves the United States permanently, or passes away. Divorce from the sponsored immigrant does not terminate your obligation.