Affidavit of Support
Understanding the Affidavit of Support
What is an Affidavit of Support (Form I-864)?
An Affidavit of Support is a legally binding document that a sponsor must submit to the U.S. government to show financial responsibility for a foreign national applying for a green card. By signing Form I-864, the sponsor agrees to provide financial support to the applicant so they will not become a public charge, meaning they won’t rely on government assistance once they become a U.S. permanent resident.
Who Needs to File the Affidavit of Support?
You must file an Affidavit of Support if you are petitioning for an immigrant relative to receive a green card. This includes spouses, children, parents, and siblings. In addition to family-based petitions, certain employment-based petitions also require the submission of Form I-864.
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Family-based petitions: A U.S. citizen or lawful permanent resident petitioning for their relative.
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Employment-based petitions: Required when a U.S. citizen or permanent resident owns more than 5% of the business sponsoring the immigrant worker.
Types of Affidavits of Support Forms
There are several variations of the Affidavit of Support depending on your circumstances. These include:
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Form I-864 (Affidavit of Support Under Section 213A of the INA): The primary form for most family-based and some employment-based immigration petitions.
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Form I-864EZ: A simpler version of Form I-864 used if the sponsor is only sponsoring one relative, and they meet the financial requirements solely with their income.
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Form I-864A (Contract Between Sponsor and Household Member): This is required if the sponsor's household members’ income is needed to meet the financial requirement.
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Form I-864W (Request for Exemption): Used if the intending immigrant has already worked 40 quarters (approximately 10 years) in the U.S., or if they qualify for another exemption.
Eligibility to Be a Sponsor
To be eligible to sign an Affidavit of Support, the sponsor must meet certain criteria:
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U.S. citizenship or lawful permanent residency: The sponsor must be a U.S. citizen or green card holder.
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Minimum income requirement: The sponsor’s income must be at least 125% of the U.S. poverty guidelines for their household size. If they do not meet this, they may include the income of a joint sponsor or household member through Form I-864A.
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Domicile in the United States: The sponsor must reside in the U.S. or have plans to reestablish domicile in the U.S. before the immigrant enters.
Form I-864 vs. Form I-864EZ
There are multiple versions of the Affidavit of Support, with Form I-864EZ being a simplified version. Use I-864EZ if:
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The sponsor is the petitioner.
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The sponsor is only relying on their own income.
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There are no household members contributing income.
If these conditions are not met, the sponsor must file the full Form I-864.
Form I-864 Processing Time 2024
The current processing time for Form I-864 is approximately 9.3 months. However, it's essential to note that this timeframe can vary depending on your specific situation.
The processing time for Form I-864 directly affects how long it takes for your green card application to be approved. Understanding this timeline is crucial for applicants as it helps in planning and managing expectations.
Stay Informed!
To ensure a smooth application experience, stay updated on any changes or developments regarding processing times for Form I-864. Keeping abreast of the latest information can aid in effective planning for your family-based immigration journey.
Filing Fee Form I-864
There is no filing fee to file Form I-864 with USCIS. For information on processing fees when filing with the U.S. Department of State (DOS), see www.travel.state.gov
What Happens if You Don’t Meet the Financial Requirements?
If you cannot meet the minimum financial requirement to sponsor your relative, you have the option to find a joint sponsor. A joint sponsor can be another individual (a U.S. citizen or permanent resident) who also signs an Affidavit of Support. The joint sponsor must meet the income requirement independently and is equally responsible for the immigrant’s financial support.
In cases where the sponsor cannot meet the required income threshold, you can also use assets such as savings, property, or investments to meet the financial requirement. Typically, assets must be worth three to five times the shortfall between your income and the required level
How to Fill Form I-864?
Filing Form I-864 is an important part of the green card process.
Here’s a step-by-step guide to completing it:
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Download the latest version of Form I-864 from the USCIS website.
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Fill out personal information: You will need to provide your full name, address, citizenship status, and details about the immigrant you are sponsoring.
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Provide financial information: You will need to list your total household income, which should include your spouse's or other household members’ income (if using Form I-864A).
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Attach supporting documents: This may include your most recent federal tax returns, proof of income (e.g., pay stubs or a letter from your employer), and proof of your domicile in the U.S.
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Submit the form: Once completed, Form I-864 should be submitted along with the green card application packet to the U.S. Citizenship and Immigration Services (USCIS).
Common Mistakes and Challenges of Form I-864
While filling out Form I-864 might seem straightforward, there are several common pitfalls to watch out for:
1. Failing to Meet the Income Requirements
One of the most frequent errors is not meeting the financial requirements to sponsor an immigrant. The sponsor’s income must be at least 125% of the U.S. poverty guidelines for their household size. If you don’t meet this threshold:
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Consider using the income of household members (via Form I-864A).
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Opt for a joint sponsor who can meet the financial requirement independently.
Tip: Check the latest U.S. poverty guidelines and calculate your total household income to ensure compliance.
2. Providing Incomplete or Incorrect Information
Submitting inaccurate or incomplete information is another common mistake. This includes mismatched details like your name, address, or income figures. Inconsistent information can lead to delays or denials of your application.
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Double-check your tax returns and income documentation before submitting.
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Ensure your information matches across all forms and supporting documents.
Tip: Review the form thoroughly or seek professional assistance to avoid missing sections or providing incorrect data.
3. Not Submitting Sufficient Supporting Documents
When completing Form I-864, it’s essential to provide the necessary supporting documents to prove your financial status. Missing or insufficient documentation can result in the rejection of your affidavit.
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Include your most recent federal tax returns, W-2s, and pay stubs.
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If you are using assets to meet the financial requirement, submit proof of ownership and valuation of those assets.
Tip: Always attach a comprehensive set of documents to support your financial claims.
4. Forgetting to Demonstrate U.S. Domicile
A crucial requirement for sponsors is to maintain domicile in the U.S.. If you are living abroad, you need to prove that you intend to reestablish your domicile in the U.S. before the immigrant enters.
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Provide proof such as a U.S. address, employment offer, or other documentation that shows your intent to return.
Tip: Submit clear evidence of your U.S. domicile to avoid complications in your application.
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5. Not Using the Correct Version of Form I-864
It’s important to use the latest version of Form I-864 available from the USCIS website. Using an outdated version of the form can lead to automatic rejection.
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Always download the most recent form from the USCIS website before filling it out.
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Verify that you are using the correct variation of the form based on your situation (I-864EZ, I-864A, or I-864W)
Tip: Confirm the version and form type before submission to avoid delays or denials.
How Long Does the Affidavit of Support Obligation Last?
The obligations under the Affidavit of Support remain in place until one of the following occurs:
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The immigrant becomes a U.S. citizen.
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The immigrant has worked 40 qualifying quarters (about 10 years) in the U.S.
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The immigrant leaves the U.S. permanently.
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The sponsor or the immigrant dies.
Until one of these events happens, the sponsor is legally obligated to provide financial support if needed, and the immigrant can sue the sponsor for financial support if they fall below 125% of the poverty line.
Frequently Asked Questions (FAQs)
Q1. Who is required to file an Affidavit of Support?
U.S. citizens or lawful permanent residents petitioning for family-based visas or green cards must file an Affidavit of Support to prove they can financially support the immigrant.
Q2. What are the income requirements for an Affidavit of Support?
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To qualify as a sponsor, you must meet the minimum income requirement of 125% of the U.S. Federal Poverty Guidelines, which varies based on household size and location.
Q3. Can I have a joint sponsor for an Affidavit of Support?
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Yes, if your income doesn't meet the required threshold, a joint sponsor can file an additional Affidavit of Support to meet the financial criteria.
Q4. How long is the Affidavit of Support valid?
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The Affidavit of Support remains enforceable until the immigrant becomes a U.S. citizen, works 40 qualifying quarters, or leaves the U.S. permanently.
Q5. Can I withdraw my Affidavit of Support?
You can withdraw your Affidavit of Support before the visa or green card approval. Once approved, the commitment becomes legally binding.
Q6. What happens if I don’t meet the income requirement for an Affidavit of Support?
If your income falls short, you can use assets or have a joint sponsor help meet the financial requirement for the Affidavit of Support.
Q7. Can I withdraw my Affidavit of Support after submission?
Once the Affidavit of Support is submitted and the green card is granted, it cannot be withdrawn. The financial responsibility remains until one of the terminating events mentioned above occurs.
Q8. What happens if the sponsor dies?
If the sponsor dies before the immigrant receives their green card, the Affidavit of Support becomes void. In this case, a new sponsor would need to submit an Affidavit of Support for the immigrant.
Q9. Do I need to submit a new Affidavit of Support for each relative?
Yes, a separate Form I-864 must be submitted for each relative you are sponsoring, although joint sponsors may submit additional Forms I-864 for the same relative if necessary.