Even many immigration legal professionals take into account Kind I-864, Affidavit of Assist, to be some of the complicated immigration types. It’s a bit like combining the financials of a tax return with the complexity of an immigration kind. The truth is, that’s mainly what it’s. The stakes are excessive. If the sponsor doesn’t qualify, U.S. Citizenship and Immigration Companies (USCIS) is not going to concern the intending immigrant everlasting residence (inexperienced card). That why many inexperienced card candidates have affidavit of help questions.
When a overseas nationwide applies for everlasting residence in the USA, immigration officers should affirm that the intending immigrant has enough means of monetary help and isn’t prone to grow to be a public cost. USCIS requires Kind I-864, Affidavit of Assist, for many family-based purposes and a few employment-based purposes. It’s a contract between a sponsor and the U.S. authorities, through which the sponsor guarantees to help the intending immigrant if she or he is unable to take action on their very own. It’s a back-up plan in case the immigrant has monetary issues.
Getting ready this obligatory kind might be troublesome. We’ve compiled the highest 9 Kind I-864, Affidavit of Assist questions:
Do I have to submit a Kind I-864, Affidavit of Assist, with my inexperienced card utility?
On the time of making use of for a inexperienced card, U.S. immigration regulation requires the next immigrants to submit Kind I-864 accomplished by the sponsor:
- Household-based immigrants
- Employment-based desire immigrants in instances when a relative filed the immigrant visa petition
- Employment-based desire immigrants when a member of the family has a major possession curiosity (5 p.c or extra) within the entity that filed the petition
The relative who filed the visa petition (e.g. Kind I-130, I-129F, I-140, and so on.) should act as a sponsor on Kind I-864. This relative could also be known as the petitioning sponsor.
In very uncommon instances, there are some exceptions for intending immigrants with 40 qualifying quarters of labor within the U.S., these that may robotically purchase U.S. citizenship underneath part 320 of the INA, self-petitioning widows or widowers who’ve an accepted Kind I-360, and battered spouses and kids who’ve an accepted Kind I-360.
A number of the commonest Affidavit of Assist questions are concerning sponsor’s necessities. A sponsor completes Kind I-864 on behalf of the intending immigrant. Typically, the sponsor should:
- Be a U.S. citizen, U.S. nationwide or lawful everlasting resident age 18 or older;
- Have revenue 125% above the federal poverty line; and
- Have a U.S. domicile.
Modifications to the revenue requirement are made for residents of Alaska and Hawaii and members of the U.S. armed forces. For an in depth desk of required revenue by family dimension, check with Form I-864P, HHS Poverty Guidelines for Affidavit of Support.
As a common rule, each inexperienced card utility ought to embody an affidavit of help ready by a petitioning sponsor. The petitioning sponsor is the relative who filed the immigrant visa petition on behalf of the intending immigrant. If the petitioning sponsor doesn’t have the monetary sources to qualify, the intending immigrant might add one other sponsor.
In case your revenue is under the brink, and you’re the solely sponsor, the federal government will almost certainly deny the intending immigrant’s inexperienced card utility. There are three basic methods to resolve this downside:
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Add Different Family Members’ EarningsIf the sponsor has a partner, siblings, dad and mom, or grownup youngsters with the identical principal residence, they could mix their revenue with the sponsor. Every family member who contributes revenue might want to put together and submit Kind I-864A together with the first Kind I-864. |
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Get hold of a Joint SponsorOne other particular person can act as a joint sponsor. There could also be as many as two joint sponsors. A joint sponsor doesn’t have to be associated to the petitioner or intending immigrant. (Extra under) |
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Use PropertyA sponsor might use belongings to satisfy the requirement. Property that may be “transformed into money inside one 12 months and with out appreciable hardship or monetary loss to the proprietor” could also be included. Examples of belongings can embody the web worth of the sponsor’s house, financial savings, and checking account balances. The principles for what can be utilized and what worth is assigned can get difficult. We suggest the usage of an immigration legal professional. |
Check with instructions for Form I-864, Affidavit of Support, for detailed directions on every of the above choices.
Is my income based on current income or past years’ taxes?
Generally, your qualifications to be a viable I-864 sponsor are based on your current year income. You are likely a solid sponsor if your income exceeds 125 percent of the federal poverty guidelines and your past three years’ of tax returns also exceed the minimum.
When past tax returns show no income or less income than necessary, it may raise concern. When evaluating this situation, the USCIS adjudicator will be more comfortable with a sponsor that recently graduated from college compared to someone who has trouble maintaining employment. Every situation is different. Documenting the reliability of the current income is very important. CitizenPath’s filing instructions will provide information on how to document your situation.
If the petitioning sponsor’s household income is insufficient to meet the requirements on Form I-864, Affidavit of Support, he or she may enlist the additional support of a joint sponsor.
A joint sponsor can be any U.S. citizen, lawful permanent resident, or U.S. national who is at least 18 years of age, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.
Up to two joint sponsors can help. However, even with a joint sponsor, the petitioning sponsor remains legally accountable for the financial support of the sponsored immigrant along with the joint sponsors. The petitioning sponsor must complete and submit a signed Form I-864 for the intending immigrant even if there will also be a joint sponsor.
RECOMMENDED: Difference Between a Joint Sponsor and Household Member
How long am I responsible for the beneficiary?
A sponsor’s obligations under Form I-864, Affidavit of Support, will end if the person who becomes a lawful permanent resident based on that affidavit:
- Becomes a U.S. citizen;
- Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
- No longer has lawful permanent resident status and has departed the United States;
- Is subject to removal, but applies for and obtains, in remove proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
- Dies.
Divorce does not terminate a sponsor’s obligations under Form I-864.
My relative will have a job upon arriving in the United States. Does he still need to submit Form I-864?
Yes. If your relative is obligated to submit Form I-864, Affidavit of Support, with his green card application, employment in the U.S. is not an exception. It’s the government’s hope that every intending immigrant who wants a job will find a job. But the government also wants a plan in place (Form I-864) should the intending immigrant need to rely on others.
Yes. Even if you have obtained a joint sponsor to sponsor your relative, USCIS still requires you to submit an affidavit of support (including any required supporting documentation). You will remain the “petitioning sponsor” even though your relative has a joint sponsor.
Which supporting documents do I submit with the affidavit?
The sponsor must provide evidence of status as a U.S. citizen, U.S. national or lawful permanent resident. There also must be proof that the United States is the sponsor’s country of domicile. He or she must also provide proof of the resources to act as a sponsor. These specific requirements can vary depending on the sponsors situation. Employment, self-employment, retired with investment income all require different supporting documentation.
For specific guidance on examples of acceptable evidence for these and other requirements, please refer to the USCIS instructions or CitizenPath’s Affidavit of Assist Bundle. Along with offering you with a ready-to-sign kind, CitizenPath gives easy submitting directions which might be custom-made to your particular state of affairs.
Kind I-864 is among the most complicated USCIS types. In the event you nonetheless have Affidavit of Assist questions, there’s an reasonably priced answer to making ready the shape accurately.
CitizenPath gives easy, reasonably priced, step-by-step steering by way of USCIS immigration types just like the Affidavit of Assist. People, attorneys and non-profits use the service on desktop or cell gadget to arrange immigration types precisely, avoiding expensive delays. CitizenPath permits customers to strive the service free of charge and gives a 100% money-back assure that USCIS will approve the applying or petition. We offer help for the Affidavit of Assist (Kind I-864), Household-Based mostly Visa Petition (Kind I-130), and a number of other different immigration packages.
Notice to Reader: This submit was initially printed on August 1, 2017, and has been modified with enhancements.