The Form I-864, Affidavit of Support, is a crucial document required for many family-based and certain employment-based immigration applications in the United States. Its primary purpose is to demonstrate that an intending immigrant has adequate financial support and will not become a public charge by relying on government assistance.
Form I-864 is a binding contract between the sponsor (petitioner) and the US government, ensuring the immigrant’s financial needs are met until they become a U.S. citizen or have worked for 40 qualifying quarters (typically 10 years).
This comprehensive guide explains the eligibility requirements, step-by-step completion process, obligations, and legal implications of Form I-864.
What is Form I-864 Affidavit of Support?
Form I-864 is an official document issued by U.S. Citizenship and Immigration Services (USCIS). It serves as a legal contract where the sponsor promises to provide financial support to the intending immigrant.
The form is required for family-based immigrants and some employment-based immigrants when the petitioning employer is a relative or has a significant ownership interest in the sponsoring entity.
Purpose of Form I-864:
✔ Ensure the intending immigrant does not become dependent on public assistance.
✔ Demonstrate the sponsor’s ability to maintain the immigrant’s income at or above 125% of the Federal Poverty Guidelines.
✔ Provide financial assurance to the U.S. government regarding the immigrant’s financial stability.
Who Needs to Submit Form I-864?
The primary sponsor (petitioner) must file Form I-864 for:
- Family-based immigrants (spouses, children, parents, and siblings).
- Employment-based immigrants if the employer is a relative or owns more than 5% of the business.
Exceptions:
- Refugees and Asylees (file Form I-134 instead).
- Diversity Visa lottery winners (file Form I-134).
- Immigrants who have already earned 40 qualifying quarters of Social Security.
Eligibility Requirements for the Sponsor
The sponsor must meet the following criteria:
1. U.S. Citizenship or Permanent Residency
✔ Must be a U.S. citizen, lawful permanent resident (Green Card holder), or a U.S. national.
2. Age Requirement
✔ Must be 18 years or older at the time of filing the affidavit.
3. U.S. Domicile
✔ Must live in the United States or a U.S. territory.
✔ If living abroad, the sponsor must show intent to re-establish domicile in the U.S. before the immigrant’s admission.
4. Financial Income Requirement
✔ Must demonstrate income at least 125% of the Federal Poverty Guidelines (100% for active-duty military sponsoring a spouse or child).
✔ Income can include:
- Wages and salaries.
- Self-employment income.
- Social Security benefits.
- Retirement or pension income.
Federal Poverty Guidelines for Form I-864
The income requirements for Form I-864 depend on household size and the Federal Poverty Guidelines.
Household size includes:
✔ The sponsor.
✔ The sponsored immigrant(s).
✔ Other dependents (e.g., children or relatives claimed on tax returns).
✔ Any co-sponsors or joint sponsors (if applicable).
Example (125% of Federal Poverty Guidelines for a Household of 4 in 2024):
- Minimum Income Required: $45,000 (example only).
Using Assets to Meet Income Requirements
If the sponsor’s income falls short of the required threshold, they can use assets to meet the requirement.
Acceptable Assets:
- Savings accounts.
- Certificates of deposit (CDs).
- Stocks and bonds.
- Real estate equity (minus outstanding mortgage).
Asset Calculation:
- Assets must be valued at three times the shortfall amount (for spouses or children) or five times the shortfall for other relatives.
Example:
- Income shortfall: $5,000.
- Required asset value: $15,000 (spouse or child) or $25,000 (parent or sibling).
Step-by-Step Guide to Completing Form I-864
Part 1: Sponsor’s Information
✔ Full legal name.
✔ Mailing address and residential address.
✔ Date and place of birth.
✔ Social Security Number (SSN).
✔ Citizenship or immigration status (U.S. citizen, LPR, or U.S. national).
Part 2: Information About the Principal Immigrant
✔ Name of the principal immigrant (beneficiary).
✔ Relationship to the sponsor (e.g., spouse, child, parent, sibling).
✔ USCIS receipt number of the primary petition.
Part 3: Household Size Calculation
To calculate household size, include:
✔ The sponsor.
✔ The sponsored immigrant(s).
✔ Spouse and unmarried children under 21.
✔ Other dependents listed on the sponsor’s tax returns.
✔ Joint sponsors or household members contributing income.
Part 4: Sponsor’s Income and Assets
✔ Enter adjusted gross income (AGI) from the most recent IRS tax return.
✔ Provide employment or self-employment details.
✔ If applicable, list assets such as savings, stocks, and property equity.
Required Documentation:
- Latest tax returns (Form 1040).
- W-2 or 1099 forms.
- Employment verification letter.
- Bank statements for assets.
Part 5: Household Member’s Income (If Applicable)
A household member (spouse, parent, child, or sibling) can contribute income if:
✔ They reside with the sponsor.
✔ They submit a Form I-864A (Contract Between Sponsor and Household Member).
Required Documentation:
- Tax returns, employment letters, and proof of shared residence.
Part 6: Joint Sponsor (If Required)
If the primary sponsor cannot meet the income threshold, a joint sponsor may file a separate Form I-864.
Joint Sponsor Requirements:
✔ Must meet the same eligibility criteria as the primary sponsor.
✔ Cannot use household member income unless living in the same household.
Key Points:
- The joint sponsor’s obligation is independent of the primary sponsor.
- Up to two joint sponsors can be added if sponsoring multiple beneficiaries.
Part 7: Sponsor’s Contract and Certification
✔ Sign and date the affidavit.
✔ Certify that the information provided is accurate and complete.
✔ Acknowledge legal obligations under the affidavit.
Important Note:
- The sponsor’s signature is legally binding and may lead to financial liability if the immigrant receives means-tested public benefits.
Supporting Documents Checklist
Primary Documents:
✔ Proof of U.S. citizenship or LPR status (e.g., passport, Green Card).
✔ Recent tax returns (IRS Form 1040).
✔ W-2 or 1099 forms.
✔ Proof of employment (pay stubs, employer letters).
For Joint Sponsors:
✔ Separate Form I-864.
✔ Proof of income and legal status.
If Using Assets:
✔ Bank statements.
✔ Property appraisals.
✔ Investment account statements.
Legal Obligations of Form I-864
Signing Form I-864 creates a legally binding financial obligation. The sponsor agrees to:
- Maintain the sponsored immigrant’s income at or above 125% of the Federal Poverty Guidelines.
- Reimburse the government if the immigrant receives means-tested public benefits (e.g., Medicaid, SNAP).
- Support obligations remain in effect until:
- The sponsored immigrant becomes a U.S. citizen.
- The immigrant has worked 40 qualifying quarters (usually 10 years).
- The immigrant leaves the U.S. permanently.
- The sponsor or immigrant dies.
Common Challenges and How to Overcome Them
1. Insufficient Income
✔ Solution: Add a joint sponsor or use household member income.
2. Incorrectly Calculated Household Size
✔ Solution: Carefully follow USCIS guidelines for calculating household members.
3. Missing Documents
✔ Solution: Use a document checklist and consult an immigration attorney if needed.
4. Outdated Financial Information
✔ Solution: Always submit the most recent tax returns and proof of income.
Conclusion
Form I-864 is a crucial requirement for many U.S. immigration processes, ensuring financial support for intending immigrants. Sponsors must understand their legal obligations, income requirements, and necessary documentation to avoid application delays or legal consequences.
By following this guide, applicants and sponsors can navigate the process with confidence and help their loved ones secure permanent residency in the United States.