What Is the I-864 Affidavit of Support Under Section 213A of the INA?
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Introduction
Affidavit of Support (Form I-864) is used in U.S. immigration processes to ensure that family-based and employment-based immigrants will not depend on public assistance after arrival. The form establishes and creates a legally binding contract between a sponsor and the U.S. government that he will financially support the immigrant.
The U.S. citizen or green card holder taking on financial responsibility is the sponsor, and the immigrant he is sponsoring is the beneficiary.
Who needs to submit Form I-864?
Form I-864 is required for most family-based immigrants, such as:
- Immediate relatives of U.S. citizens (spouses, children under 21, and parents).
- Family-based preference immigrants (siblings, married and unmarried children).
- Some employment-based immigrants, mainly if a relative owns at least 5% of the petitioning entity.
What is an I-864 joint sponsor?
If, in any circumstance, the green card holder is unable to sponsor the immigrant due to failure to meet the financial requirements, then there can be joint sponsorship, wherein a household member or a non-family member can become a joint sponsor to meet the financial requirements.
What is form I-864 processing time?
The processing time for Form I-864, Affidavit of Support, currently averages about 9-11 months. However, this may vary depending on your specific situation and factors like the complexity of the case or delays due to missing documents.
Since Form I-864 is part of the family-based green card application, the processing time is tied to how long the overall green card application takes to be approved.
Can the beneficiary’s income help meet the financial requirements in Form I-864?
Yes, the beneficiary’s income can help meet the financial requirements for Form I-864, but only if the income will continue from the same source after obtaining the green card. This is typically allowed when the beneficiary works in the U.S. and has a job offer or employment that will persist after their immigration status changes.
What are the financial obligations under Form I-864?
The Affidavit of Support creates a legal obligation for the financial sponsor to ensure the immigrant does not become a public charge by relying on certain government benefits, wherein if the sponsored immigrant receives any benefits, the government may require the sponsor to repay the cost. The sponsor’s obligations under Form I-864 will end only when:
- The immigrant or the sponsor dies.
- The immigrant becomes a U.S. citizen.
- The immigrant has earned 40 quarters (approximately 10 years) of work in the U.S.
- The immigrant permanently leaves the U.S.
Where is Form I-864 submitted?
When a green card application is made from within the United States, the applicant submits the I-864 affidavit along with Form I-485 to adjust the status within the United States.
For those applying outside of the United States, that is, through a U.S. embassy or consulate, the I-864 affidavit is submitted to the National Visa Center when requested by the center.
Who is exempt from filing Form I-864?
Immigrants may be exempt from the requirement to submit Form I-864, Affidavit of Support, in the following cases:
- They have earned 40 Social Security quarters (or credits) in the U.S., equivalent to roughly 10 years of work. This demonstrates that they have made sufficient contributions to Social Security, establishing financial independence and eliminating the need for a sponsor under Form I-864 requirements
- They have been married to a U.S. citizen who has worked for 40 Social Security quarters.
What are the types of Form I-864, and which should you use?
Various types of forms are to be filled out based on your circumstances you are required to fill:
- Form I-864 is to be used 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.
- Form I-864EZ is to be used if you are filing Form I-130 for only one relative, like a spouse, with no joint sponsor.
- Form I-864A is to be used if you include the income of a household member, such as a spouse or family member living with you, to meet financial support requirements, then this is to be filed along with Form I-864.
- Form I-864W is used to claim the exemption from filing I-864, wherein you have already worked 40 Social Security quarters (about 10 years) in the U.S.
What documents are required for the Affidavit of Support I-864?
The supporting documents you need to submit along with the Affidavit of Support form include:
- Sponsor’s most recent year’s income tax return
- Copy of Form W-2 (if applicable)
- Copy of Form 1099 (if applicable)
- Proof of assets (if using assets)
- Proof of U.S. citizenship (if the sponsor is a U.S. citizen)
- Copy of green card (if the sponsor is a permanent resident)
- Form I-864A (for some sponsors)
- Joint sponsor(s) proof of income (if applicable)
Can there be more than one person for whom you can file the I-864 form?
Generally, you need a separate I-864 form for each family member you are sponsoring. However, you can use photocopies of the same I-864 if you sponsor multiple family members listed on that same form.
Each immigrant needs an I-864 for immediate relatives (like spouses or children) being sponsored, as relatives listed on separate visa petitions cannot be counted as dependents on a single I-864.
Can I file Form I-864 if I have no tax returns?
Yes, you can file an I-864 without tax returns, but it may impact your qualification as a sponsor, as sponsors need to provide income evidence, which often includes tax returns. However, if you didn’t file because your income was below the taxable threshold or for any other valid reason, then you might still qualify.
Conclusion
The purpose of Form I-864 is to ensure that the immigrants have sufficient financial backing and are not likely to become a “public charge” after entering the United States. The sponsor must demonstrate through the affidavit that they have enough income or assets to maintain their household, including the immigrant.
