The Affidavit of Support: Demystifying Form I-864

The Affidavit of Support: Demystifying Form I-864

Oct 2, 2023

Close-up of an I-864 Affidavit of Support form with a calculator and U.S. currency, illustrating financial requirements.


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Introduction: The Financial Backbone of Immigration

Immigration is more than just paperwork and interviews; it's also about financial stability. That's where Form I-864, the Affidavit of Support, comes into play. In this guide, we'll break down everything you need to know about this crucial form.

Who Needs to Fill Out Form I-864?

Not everyone going through the immigration process will need to fill out Form I-864. It's primarily for family-sponsored immigrants and some employment-based immigrants to prove that they have adequate means of financial support and are unlikely to rely on public funds.

The Role of the Sponsor

Being a sponsor is a significant commitment. By signing Form I-864, you're legally vowing to financially support the intending immigrant. This isn't something to be taken lightly, as failing to fulfill this commitment can have legal repercussions.

The Required Documentation

As with any form, you'll need specific documentation to fill out Form I-864 adequately. This includes tax returns, pay stubs, and proof of employment. The more thorough you are, the smoother the process will be.

The Financial Thresholds

To act as a sponsor, you must meet certain income requirements. These are based on the Federal Poverty Guidelines and differ depending on the size of your family and where you live. Failing to meet these thresholds may result in a rejected application.

What Happens If You Don't Qualify?

If you don't meet the financial requirements to be a sponsor, all hope is not lost. You can have a joint sponsor who also fills out Form I-864, or you can use assets like real estate to meet the financial criteria.

The Legal Obligations of a Sponsor

By signing Form I-864, you're entering a legally binding contract with the U.S. government. You're required to maintain the intending immigrant at an income level at or above 125% of the Federal Poverty Guidelines until they become a U.S. citizen or have worked for 10 years.

Common Mistakes and How to Avoid Them

Filling out Form I-864 is a meticulous process, and small errors can lead to delays or denials. This section will cover the most common mistakes, like incorrect information or missing documents, and how to avoid them.

The Process After Submission

Once you've submitted Form I-864, it doesn't mean your responsibilities are over. The USCIS may request additional evidence, or you may need to update the form if your financial situation changes.

What If Things Go Wrong?

In some cases, the sponsored immigrant might become a "public charge," or the sponsor might fail to fulfill their financial obligations. This section will discuss the repercussions and possible courses of action in such situations.

Conclusion: The Affidavit of Support Unveiled

Understanding Form I-864 is critical for both the sponsor and the intending immigrant. With this guide, you're well-equipped to navigate the complexities of the Affidavit of Support.

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© Fibi Law Firm 2023

Call (800) 842-0316 for Your Free Consultation

© Fibi Law Firm 2023