Fill Out Your USCIS I-864 Template

What is the purpose of 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 legally enforceable document. Its main purpose is to show that an immigrant applying for permanent residency has sufficient financial support and is unlikely to rely on U.S. government welfare or public benefits. This form is required by a sponsor, who must prove they can support the immigrant financially, at an income level that is at least 125% of the Federal Poverty Guidelines.

Who needs to file the I-864 form?

Generally, the following individuals are required to file the I-864 form:

• U.S. citizens or lawful permanent residents who are sponsoring a family member for permanent residency (a green card).
• Any joint sponsors, if the primary sponsor does not meet the income requirements alone.

Certain categories of immigrants, such as orphans or certain employment-based immigrants, may be exempt from this requirement.

What documents are required to support the I-864 form?

Supporting documents are critical to the successful processing of the I-864 form. These typically include:

1. Proof of the sponsor's U.S. citizenship or lawful permanent resident status.
2. Most recent federal income tax return, and possibly the last three years of returns.
3. Proof of current employment or income (e.g., pay stubs or an employment letter).
4. Proof of any assets that will be used to meet the income requirements, if applicable.

Documentation of any additional financial sponsors' incomes and assets is also required if a joint sponsor is used.

Can the I-864 form be submitted electronically?

As of the last update, the I-864 form must be submitted in paper form by mail to the United States Citizenship and Immigration Services (USCIS). Electronic submission is not currently an option for this specific form. It is important to check the most recent instructions on the USCIS website to confirm current submission requirements.

What are the income requirements for a sponsor filing an I-864?

A sponsor must demonstrate income at least 125% above the Federal Poverty Guidelines for their household size, including the intending immigrant and any other dependents. The requirements can vary by state and household size. These guidelines are updated annually, so sponsors should refer to the most current information available.

How long is the sponsorship under the I-864 binding?

The obligations under the I-864 Affidavit of Support continue until the sponsored immigrant either:

• Becomes a U.S. citizen,
• Has earned 40 work quarters credited toward Social Security (approximately 10 years of work),
• Permanently leaves the United States, or
• Passes away.

It is important for sponsors and immigrants to understand this long-term commitment.

What happens if the sponsor does not meet the income requirements?

If the primary sponsor does not meet the minimum income requirements, there are a few options to still qualify:

• A joint sponsor who meets the income requirements can submit an additional I-864 to support the visa application.
• The sponsor can also use the income of household members who are willing to contribute to the support, provided they sign a Form I-864A.
• Assets, such as savings, property, and stocks, can sometimes be used to make up the difference between the sponsor's income and the required level.

Each of these options comes with specific requirements and documentation.

Is there a filing fee for the I-864 form?

There is no filing fee for the I-864 Affidavit of Support when it is submitted to USCIS. However, there may be other fees associated with the overall process of sponsoring an immigrant that should be anticipated, including visa application fees or fees for obtaining necessary documentation.

Filling out the USCIS I-864 form, also known as the Affidavit of Support, is a critical step in the process for immigrants seeking to establish permanent residency in the United States through family sponsorship. This document is a legal contract between the sponsor (a U.S. citizen or lawful permanent resident) and the U.S. government, promising financial support to the sponsored immigrant. Unfortunately, many individuals make mistakes when completing this form, which can lead to delays or denials of the application.

One common error is not updating personal information. It is crucial for sponsors to provide current information regarding their address, employment status, and income level. Failure to update these details can result in the U.S. Citizenship and Immigration Services (USCIS) questioning the sponsor's ability to support the immigrant.

Another frequent oversight is incorrectly calculating household size. Sponsors must accurately count not only themselves and the beneficiary but also any dependents and other persons they are currently sponsoring on an I-864 form. Miscounting can lead to an underestimation of the required income level, possibly leading the USCIS to doubt the sponsor's financial capability.

A significant number of applicants fail to include the necessary supporting documents, such as tax returns, W-2s, or 1099 forms. These documents are essential in proving the sponsor's income and ability to support the immigrant. Without them, the USCIS has no basis to believe the financial promises made in the I-864 form are credible.

Some sponsors make the mistake of not signing the form. While this may seem like a minor oversight, a missing signature renders the form incomplete in the eyes of the USCIS, resulting in automatic rejection of the application.

Discrepancies between the I-864 form and supporting documents often lead to complications. For instance, if the income reported on the form does not match the figure provided in the tax documents, it casts doubt on the accuracy of the sponsor's reported finances, and inconsistencies can lead to delays or denials.

Additionally, individuals sometimes select the wrong version of the form. The USCIS frequently updates its forms, including the I-864, and using an outdated version can result in processing delays or outright rejection of the sponsorship application.

A subtle but impactful error is overlooking the need to document the sponsor's citizenship or lawful permanent resident status. Proof of status is essential for establishing the sponsor's eligibility to support an immigrant under this form.

Lastly, many fail to recognize when legal advice is needed. Complex financial situations, such as self-employment or the sponsorship of multiple immigrants, might necessitate professional guidance to ensure the form is filled out correctly. Without such advice, sponsors risk making mistakes that could have been avoided, affecting the overall success of the sponsorship.

By paying close attention to these common pitfalls and ensuring all information is accurate and complete, sponsors can improve the likelihood of a successful I-864 submission, paving the way for their family members' immigration process.

The USCIS I-864 form, also known as the Affidavit of Support, is crucial for individuals sponsoring immigrant family members for a green card in the United States. This form ensures that the sponsor can support the immigrant financially, preventing them from becoming a public charge. However, to complete the application process successfully, various other documents are often required in tandem with Form I-864 to provide a comprehensive financial portrait of the sponsor and ensure compliance with immigration laws.

• USCIS Form I-864A: This Contract Between Sponsor and Household Member is used when another household member agrees to support the immigrant financially, combining their income with the sponsor's to meet income requirements. It binds the household member to the same obligations as the primary sponsor.
• IRS Form 1040: The U.S. Individual Income Tax Return is often submitted alongside Form I-864 to provide proof of the sponsor's income. The most recent tax return is generally required, but supplying the last three years can bolster the application by demonstrating financial stability.
• W-2 Forms and/or 1099 Forms: These documents are used to validate the income reported on the IRS Form 1040. W-2 forms are provided by employers to employees, while 1099 forms are used for individuals who are self-employed or receive income other than a salary (e.g., investment income).
• Proof of Employment: A letter from the sponsor's employer can be submitted to verify current employment and salary. This document should be on company letterhead, stating the sponsor's job title, the nature of employment (full-time or part-time), annual salary, and the length of employment.
• USCIS Form I-864EZ: This is a shorter version of the Affidavit of Support for sponsors whose only income source to meet the affidavit of support requirements is their salary or pension, and who are sponsoring only one immigrant on the same petition. It simplifies the documentation process for eligible sponsors.

Collectively, these documents play a pivotal role in the immigration sponsorship process, articulating the financial readiness and responsibility of the sponsor towards the immigrant. It's crucial for sponsors to understand the significance of each document, ensuring they provide accurate and comprehensive financial information to support their application. This thorough preparation facilitates a smoother review process and enhances the likelihood of approval, reinforcing the sponsor's commitment to supporting the immigrant's journey to life in the United States.

The USCIS I-864 form, also known as the Affidavit of Support, is a document that a sponsor fills out to accept financial responsibility for someone coming to the United States to live permanently. It's not the only form of its kind; there are several others with similar purposes. One such document is the USCIS I-134, Affidavit of Support Form. Like the I-864, it's used to show that visa applicants have financial support in the U.S. and won't become public charges. However, the I-134 is typically used for non-immigrant visa applicants, such as those coming on a fiance(e) visa, distinguishing it from the I-864, which is used for immigrant visa applicants seeking to become permanent residents.

Another document similar to the I-864 is Form I-944, Declaration of Self-Sufficiency. This form was a part of the public charge rule, requiring applicants for adjustment of status within the U.S. to demonstrate they wouldn't become a burden on public funds. The I-944 asked for detailed information on the applicant's financial resources, health insurance, and past use of public benefits, among other factors. Although serving a different phase of the immigration process compared to the I-864, both documents have the core aim of ensuring newcomers are financially stable and self-sufficient.

The DS-5540, Public Charge Questionnaire, serves a similar purpose to the I-864 but in the context of consular processing. When applying for a visa outside the U.S., applicants may be required to complete this form to provide detailed information about their financial status, ensuring they have enough resources to support themselves in the U.S. The DS-5540 and the I-864 form both work towards the goal of preventing new immigrants from relying on government assistance, although they are used in different stages and locations of the visa application process.

Lastly, there's Form I-130, Petition for Alien Relative, which, while not a direct financial support document, is closely related to the I-864 in the family-based immigration process. The I-130 is filed by U.S. citizens or lawful permanent residents to establish the relationship with certain family members whom they wish to help become permanent residents of the U.S. Once the I-130 is approved, and the relative is ready to immigrate, the sponsor then fills out the I-864 to vouch for the immigrant's financial support. While the I-130 establishes the eligibility for immigration based on familial ties, the I-864 ensures that the incoming family member will have adequate financial support in the United States.

Filling out the USCIS I-864 form, or Affidavit of Support, is a critical step in the process of sponsoring a relative for U.S. permanent residence. Ensure accuracy and completeness by following these dos and don'ts:

Do:

1. Read the instructions carefully before starting to ensure you understand the requirements.
2. Use black ink if filling out the form by hand to ensure legibility.
3. Include all required supporting documents, such as tax returns and proof of income, to validate your financial stability.
4. Double-check all the information for accuracy before submitting. Mistakes can lead to significant delays.
5. Sign and date the form to certify that all the information provided is true and correct.
6. Keep a copy of the completed form and all attachments for your records.
7. Use the most recent version of the form available on the USCIS website to avoid processing delays.

Don't:

1. Leave any fields blank. If a question does not apply, mark it as “N/A” (not applicable).
2. Forget to update your address with USCIS if you move after submitting the form, as this could result in lost correspondence.
3. Overlook the importance of the poverty guidelines. Make sure your income meets or exceeds the 125% threshold over the Poverty Guidelines for your household size.
4. Submit outdated financial evidence. Always provide the most current documentation available.
5. Misunderstand the commitment; understand that by submitting this form, you are financially responsible for the relative until they become a U.S. citizen or have worked 40 quarters in the U.S.
6. Assume completion equals acceptance. Always await official confirmation from USCIS regarding the status of your submission.
7. Underestimate the consequences of fraud. Providing false information can lead to severe penalties, including fines or imprisonment.

The USCIS I-864 form, or Affidavit of Support, is a document that can be confusing, leading to numerous misconceptions. Understanding the facts is crucial for anyone going through the immigration process. Here are nine common misconceptions about the I-864 form.

• Signing is merely a formality: Many believe that the I-864 form is just another piece of paperwork in the immigration process. However, it’s a legally binding contract between the sponsor and the U.S. government, promising financial support to the immigrant.

• It’s only required for certain visas: This is a misconception. The I-864 form is required for most family-based immigrants and some employment-based immigrants adjusting their status to permanent residence.

• Any family member can sponsor: While many relatives can sponsor an immigrant, sponsors must meet specific requirements, such as income level guidelines, to be eligible.

• No need to update personal information: Sponsors must inform USCIS of address changes within 30 days. Failure to do so can lead to legal consequences, including fines.

• Sponsorship ends with citizenship or divorce: The sponsorship obligation typically lasts until the sponsored immigrant becomes a U.S. citizen, works 40 quarters credited towards Social Security, leaves the U.S. permanently, or dies. Divorce does not terminate the obligation.

• Financial responsibility is limited: Sponsors may be required to repay the government if the immigrant uses certain public benefits, as the sponsor agrees to support the immigrant at 125% above the Poverty Guidelines.

• Co-sponsors are rarely needed: If the primary sponsor does not meet the income requirements, a co-sponsor may be necessary to ensure support for the immigrant, contrary to what some believe.

• The form is only a temporary commitment: The commitment made by signing the I-864 can last for many years and is not easily dissolved. Sponsors should understand the long-term nature of their commitment.

• Assets cannot be used to meet income requirements: Assets, such as savings or property, can indeed be used to meet the income requirements under certain conditions, making it easier for some sponsors who may not have a high annual income but possess substantial assets.

Understanding these nuances about the I-864 form is essential for sponsors and immigrants alike. Ensuring all obligations are met and responsibilities understood can help avoid future complications in the immigration process.

The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process for family-based petitions and some employment-based immigrants. The form serves as a legal contract between the visa applicant's sponsor and the U.S. government, ensuring the immigrant will not become a public charge. Here are key takeaways to understand when filling out and using this form:

• Accuracy is critical: Every piece of information provided on the form must be accurate and truthful. False information can lead to severe consequences, including denial of the visa application or legal penalties against the sponsor.
• Proof of income is required: Sponsors must provide evidence of income that meets or exceeds 125% of the Federal Poverty Guidelines for their household size. This often includes tax returns, W-2 forms, and other financial documents.
• Employment verification: Alongside financial documents, a letter from the sponsor's employer verifying employment is often necessary to corroborate the income stated on the form.
• Legal commitment: By signing the I-864, the sponsor commits to financially supporting the immigrant until they become U.S. citizens, can be credited with 40 quarters of work (usually 10 years), die, or permanently leave the United States.
• Joint sponsors may be needed: If the primary sponsor does not meet the income requirements, a joint sponsor who can meet the financial threshold independently may submit an additional I-864.
• Changing information: If circumstances change after submission but before the immigrant has been granted a visa, an updated I-864 form must be provided with the current information.
• Withdrawal is possible: The sponsor can withdraw the affidavit of support anytime before the immigrant visa is issued, by notifying the appropriate authorities in writing. However, once the visa is granted, the commitment is irrevocable.
• Detailed instructions provided by USCIS: The form comes with comprehensive instructions that cover how to complete the form, the supporting documents required, and where to send the completed form. It is essential to follow these instructions closely to avoid processing delays.
• Not a onetime requirement: Sponsors should be prepared to update or reaffirm their support if requested by USCIS, especially if the immigrant applies for adjustment of status within the United States.

Understanding and complying with the I-864 form requirements is paramount for the success of the immigration process, ensuring immigrants have the necessary support as they transition to life in the United States.