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Form I-864 Affidavit of Support, What is it?
The I-864 Affidavit of Support is a legally binding document that a sponsor signs to accept financial responsibility for a family member seeking a green card. Its primary purpose is to ensure that the immigrant does not become a public charge, meaning they will not rely on public benefits for support. This form is required for most family-based and some employment-based immigrants.
Who Needs Form I-864?
The following categories of immigrants generally need to submit Form I-864:
Immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21).
Family-based preference immigrants (including sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, and siblings of U.S. citizens).
Employment-based preference immigrants when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or holds a significant ownership interest in the entity that filed the petition.
Requirements for Sponsors
To qualify as a sponsor, an individual must:
Be a U.S. citizen, U.S. national, or lawful permanent resident.
Be at least 18 years old.
Have a domicile in the United States.
Meet the income requirement of at least 125% of the Federal Poverty Guidelines for their household size. If the primary sponsor's income does not meet this requirement, a joint sponsor can co-sign. The joint sponsor must meet the same eligibility criteria and will share the financial responsibility.
Sponsors may withdraw their support before the green card application is approved. Once permanent residency is granted, the obligations are fixed unless they end under one of the specified conditions.
By signing the I-864, sponsors agree to support the immigrant financially. This commitment continues until the immigrant:
Becomes a U.S. citizen.
Has worked 40 quarters (approximately 10 years) credited toward Social Security.
Permanently leaves the U.S. or passes away.
Note that divorce does not terminate this obligation.
Failure to support the immigrant as agreed can lead to legal consequences, including the requirement to repay any means-tested public benefits the immigrant receives. Filing for bankruptcy does not absolve a sponsor from their obligations under Form I-864. The financial responsibilities remain intact. Courts generally do not recognize private agreements, such as prenuptial or divorce contracts, as valid reasons to avoid these obligations
There are different versions of form I-864, which one to use?
When filing Form I-864, it’s important to make sure you fill out the correct form.
If you are filing Form I-130 (Petition for Alien Relative) for multiple relatives, or Form I-140 (Petition for Immigrant Worker) for an employment-based green card, then you will need to use Form I-864.
If you are filing Form I-130 for only one person, such as your spouse or one of your relatives, and you will not need a joint sponsor, then you may be able to use Form I-864EZ instead of Form I-864.
If you need to include the income of one of your household members to meet the requirements for financial support, then you may need to file Form I-864A (Contract Between Sponsor and Household Member) together with Form I-864.
If you are filing as a joint sponsor, then you will need a separate Form I-864 for each sponsor.
If you believe you do not need to file Form I-864, for example, if the person you are petitioning for has already worked 40 quarters (roughly 10 years) in the U.S., then you may be able to file I-864W Request for Exemption for Intending Immigrant’s Affidavit of Support.
Exemptions from the I-864 Requirement
Certain immigrants, like asylees, refugees, special immigrant juveniles, Afghan and Iraqi interpreters, and VAWA self-petitioners, are exempt from the public charge test. Most family-based (and even some employment-based) immigrants must have an I-864 sponsor. Others who may not require an I-864 include:
Immigrants credited with 40 work quarters in the U.S.
Those who will automatically acquire citizenship upon entry under section 320 of the INA.
Self-petitioning widows or widowers who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; and
Self-petitioning battered spouses and children who have an approved Form I-360.
Understanding the I-864 Affidavit of Support is crucial for sponsors and immigrants alike. This form plays a significant role in the U.S. immigration process by ensuring that sponsored immigrants have adequate financial support and do not become a public charge. Given the legal and financial responsibilities involved, it is advisable to seek assistance from an experienced immigration attorney to navigate the process effectively and ensure compliance with all requirements.
Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.
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