Home Form I-864 Affidavit of Support Form Form I-864 Affidavit of Support Form

Form I-864 Affidavit of Support Form

Form I-864 Affidavit of Support Form

Introduction

Immigration is a complex process that involves a lot of paperwork. One of the most important forms that an immigrant must fill out is the Form I-864 Affidavit of Support. This document is used to ensure that the immigrant has enough financial support to live in the United States without being a burden on the government. In this article, we’ll explore what Form I-864 is, who must file it, and how to fill it out correctly.

What is Form I-864?

Form I-864 is a legally binding document that serves as a contract between a petitioner and the U.S government. It is a requirement for all family-based immigration petitions and certain employment-based petitions as well. The purpose of this form is to ensure that the immigrant will not become a public charge by requiring the sponsor or petitioner to provide financial support to the immigrant.

Who must file Form I-864?

The petitioner or sponsor must fill out Form I-864 for the following family-based immigration petitions:

– Immediate Relative (IR) Petitions – Spouses, parents, and unmarried children under 21 years of age

– Family Preference (F) Petitions – Unmarried sons and daughters over 21 years of age, married sons and daughters of any age, and brothers and sisters of U.S. citizens

– Diversity Visa (DV) Petitions – A person who is selected in the Diversity Visa Lottery

– Certain Employment-Based (EB) Petitions – Some employment-based petitions require the filing of an I-864 by the sponsoring employer or relative.

It is important to note that the petitioner or sponsor should be a U.S citizen or permanent resident who is over the age of 18. The petitioner must also meet the income requirements to be able to sponsor the immigrant.

How to fill out Form I-864

Now that you know what Form I-864 is and who must file it, the next step is to understand how to fill it out correctly. Here’s a step-by-step guide on how to fill out the form:

Step 1 – Provide your personal information

The first step is to provide your personal information such as your full name, address, and social security number. You will also need to provide your sponsor’s information if you are not the sponsor.

Step 2 – Indicate the immigrant’s information

You will need to provide the immigrant’s full name, date of birth, and A-number.

Step 3 – Provide household size and income information

You will need to provide information about your household size, including yourself, your spouse, and any dependents. You will also need to provide information about your income, including your annual income, employment information, and any additional sources of income.

Step 4 – Calculate the required income

After providing the previous information, you need to calculate your household income to determine if it meets the minimum income requirements. The income requirement can vary depending on your household size and the state you reside in. You can find the minimum income requirement for your household size and state on the USCIS website.

Step 5 – Provide supporting documents

You will need to provide supporting documents to validate your income, such as your most recent tax return, W-2 forms, or pay stubs. If you don’t meet the income requirements, you can have a co-sponsor to help you meet the requirements.

Step 6 – Sign and date the form

Finally, you need to sign and date the form. If you have a co-sponsor, they should also sign and date the form.

Common mistakes to avoid when filling out Form I-864

Filling out Form I-864 can be a daunting task, and it’s easy to make mistakes. Here are some common mistakes to avoid when filling out Form I-864:

– Providing incorrect information – Double-check that all the information you provide is correct, including the names, dates of birth, and A-numbers of the immigrants and sponsors.

– Not meeting the income requirements – Make sure that you meet the minimum income requirements for your household size and state.

– Not providing supporting documents – You need to submit supporting documents to validate your income, such as tax returns, W-2 forms, or pay stubs.

– Not signing and dating the form – You and your co-sponsor (if applicable) need to sign and date the form to certify that the information provided is true and accurate.

What happens to Form I-864 after it’s filed?

After you file Form I-864, USCIS will review it to determine if you meet the income requirements and if you are eligible to sponsor the immigrant. If USCIS approves your Form I-864, it will be valid for the entire time that the immigrant is in the United States and is receiving public benefits or until the immigrant becomes a U.S. citizen.

If the immigrant does claim any public benefits, the government may seek repayment from the sponsor or co-sponsor. This means that the sponsor is responsible for any public assistance that the immigrant receives.

Conclusion

Form I-864 is an important document that helps ensure that immigrants have enough financial support to live in the United States without being a burden on the government. It’s important to fill out the form correctly to avoid delays or rejections. If you’re unsure about how to fill out Form I-864, it’s always best to seek the help of an immigration lawyer or accredited representative. With this information, you should be able to complete Form I-864 with ease and peace of mind.


Purpose of Form I-864, Affidavit of Support

The purpose of Form I-864, the full title of which is Affidavit of Support Under Section 213A of the Act, is to have a person applying to become a legally documented immigrant to the United States affirm her or his ability to support her or himself and lack of necessity to rely on governmentally-provided welfare.

Description of Form I-864, Affidavit of Support

Form I-864, Affidavit of Support Under Section 213A of the Act, consists of 8 pages which must be filled out by the applicant, as well as an additional 11 pages which explain how to complete this task.

Filing fees

Unlike many other USCIS forms, the Form I-864, Affidavit of Support Under Section 213A of the Act document does not include a filing fee administered by the agency. If this document is filed after the applicant has entered the U.S., then a fee will be charged by the Department of State for it to be processed. Likewise, those submitting Form I-864 from abroad will not be subject to any financial payments for this particular application.

Form I-864 as a supporting document

Form I-864, Affidavit of Support Under Section 213A of the Act, will generally be submitted either with Form OF-230 or Form I-485. The former kind of documentation is referred to as Application for Immigrant Visa and Alien Registration, and the latter is referred to as the Application to Register Permanent Residence or Adjust Status. Moreover, it might be noted by the potential applicant of Form I-864, Affidavit of Support, that the former kind of primary document is toward the end of gaining the initial right of entry to the U.S. and stay within the nation for a limited period of time, and that the latter is provided toward the end of allowing people to permanently work and remain in the U.S.

Where to file Form I-485, Affidavit of Support

In terms of where to submit Form I-864, Affidavit of Support Under Section 213A of the Act, potential applicants can most relevantly note the government official who will accept this document from them. As such, completed copies of Form I-485, Affidavit of Support Under Section 213A of the Act submitted along with Form OF-230, Application for Immigrant Visa and Alien Registration, will be submitted to a relevant Consular Officer. On the other hand, if a filled-out copy of Form I-485, Affidavit of Support Under Section 213A of the Act is provided to the U.S. government along with a copy of Form 1-485, Application to Register Permanent Residence or Adjust Status, then this package of completed documentation should be provided to an Immigration Officer.

Supporting documentation

In order to verify the information provided through Form I-864, Affidavit of Support Under Section 213A of the Act, people must prove that they are currently being employed by some other source, or through their own efforts. Photocopies, transcripts, or photocopy transcripts as to Federal income tax returns also must be provided along with the Form I-864, Affidavit of Support.