What is the USCIS I-864 form?
The USCIS I-864 form, also known as the Affidavit of Support, is a legal document that a sponsor must complete when a family member is applying for a green card. This form demonstrates that the sponsor has sufficient income and resources to support the immigrant, ensuring that they will not become a public charge in the United States.
Who needs to file the I-864 form?
The I-864 form must be filed by the sponsor, who is typically a family member of the immigrant. This includes U.S. citizens and lawful permanent residents who are petitioning for their spouse, child, parent, or sibling to immigrate to the United States.
What are the income requirements for the I-864 form?
The sponsor must demonstrate that their income is at least 125% of the Federal Poverty Guidelines for their household size. If the sponsor is active-duty military and sponsoring a spouse or child, the requirement is 100% of the Federal Poverty Guidelines. This ensures that the immigrant will have adequate financial support upon arrival in the U.S.
What documents are required to accompany the I-864 form?
Along with the I-864 form, the sponsor must provide proof of income, such as recent tax returns, W-2 forms, and pay stubs. Additionally, evidence of U.S. citizenship or lawful permanent resident status, such as a birth certificate or green card, is required. This documentation helps verify the sponsor's ability to support the immigrant financially.
Can a joint sponsor help meet the income requirements?
Yes, if the primary sponsor does not meet the income requirements, a joint sponsor can file a separate I-864 form. The joint sponsor must also meet the income criteria of at least 125% of the Federal Poverty Guidelines for their household size. This arrangement allows for additional financial support to ensure the immigrant's needs are met.
What happens if the I-864 form is not filed?
If the I-864 form is not filed or is incomplete, the immigrant's application for a green card may be denied. This form is a critical component of the immigration process, as it assures the government that the immigrant will not rely on public assistance.
Is the I-864 form legally binding?
Yes, the I-864 form is a legally binding contract between the sponsor and the U.S. government. By signing the form, the sponsor agrees to provide financial support to the immigrant, which can include covering costs for food, housing, and medical care. This obligation remains in effect until the immigrant becomes a U.S. citizen, has worked for 40 qualifying quarters, or leaves the United States permanently.
Can the I-864 form be revoked?
The sponsor can withdraw their support by submitting a written request to USCIS. However, the obligation to support the immigrant remains until the conditions for termination are met. It is important to understand that withdrawing support does not absolve the sponsor of their financial responsibilities if the immigrant requires assistance.
What should I do if my income changes after filing the I-864 form?
If the sponsor's income changes after filing the I-864, it is advisable to notify USCIS. If the income decreases significantly, the sponsor may need to find a joint sponsor or provide additional documentation to demonstrate ongoing financial support. Keeping USCIS informed helps avoid potential complications in the immigration process.
Where can I find the I-864 form?
The I-864 form can be downloaded from the USCIS website. It is important to use the most current version of the form to ensure compliance with all requirements. After completing the form, it should be submitted along with the immigrant's application package to the appropriate USCIS address.