What is an Affidavit of Support?
The Affidavit of Support, formally known as Form I-864, is a crucial document required for certain immigration processes. By signing this form, an individual—commonly referred to as the financial sponsor—commits to financially supporting a family member seeking to obtain a green card. This form ensures that the green card applicant, often referred to as the beneficiary, will not become a public charge, which means relying on government assistance for support.
Key Points About Form I-864
- Purpose: To demonstrate that the sponsor has adequate financial resources to support the green card applicant.
- Signatories: The person signing the form (the financial sponsor) is typically the petitioner or another individual agreeing to support the beneficiary financially.
Form I-864 Processing Time
The processing time for Form I-864 is approximately 9.3 months, but it can vary based on individual circumstances. This timeline reflects the period needed for the green card application to be reviewed and approved. To avoid delays, it is essential to file the form and accompanying documents accurately.
Financial Requirements for Form I-864
- Eligibility: The financial sponsor must be a U.S. citizen or green card holder, at least 18 years old, and residing in the United States.
- Income: The sponsor’s income must be at least 125% of the Federal Poverty Guidelines. This amount varies based on household size and location. Form I-864P provides the necessary guidelines for determining the minimum income requirement.
- Assets: If the sponsor’s income is insufficient, they can use assets—such as cash, stocks, bonds, and property—to meet the financial requirements.
- Joint Sponsors: If the primary sponsor’s income does not meet the requirement, a joint sponsor can help. This individual must also meet the financial criteria independently.
Financial Obligations Under Form I-864
The Affidavit of Support is legally binding. It obligates the sponsor to support the beneficiary financially and ensure that the beneficiary does not rely on certain public benefits. The sponsor’s financial responsibility typically ends when one of the following occurs:
- The beneficiary becomes a U.S. citizen.
- The beneficiary earns 40 qualifying quarters of work (about 10 years).
- The beneficiary permanently departs from the U.S.
- The sponsor or beneficiary dies.
It is important to note that the sponsor remains responsible for reimbursing any government benefits the beneficiary may receive, including those under Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF).
Types of Forms
There are different versions of Form I-864, including:
- Form I-864: The standard Affidavit of Support.
- Form I-864EZ: A simplified version for those with a straightforward financial situation.
- Form I-864A: Used if the sponsor’s household member’s income or assets are being used to meet the requirements.
- Form I-864W: For those not required to file Form I-864, such as those filing for certain categories of employment-based green cards.
When to File Form I-864
Form I-864 should be filed as part of the green card application process. If you are applying from abroad, it is usually submitted to the National Visa Center (NVC) and then to the U.S. Embassy or Consulate. For those applying within the U.S., it is typically filed with USCIS along with other forms like Form I-130 or Form I-129F.
Understanding and properly completing Form I-864 is essential for successfully sponsoring a green card applicant. By meeting the financial requirements and adhering to the form’s obligations, you help ensure that the beneficiary’s application process goes smoothly. For guidance and support throughout this process, consider seeking professional assistance to avoid common pitfalls and ensure all aspects of your application are handled correctly.
FAQ: Affidavit of Support (Form I-864)
Have more questions about what is an Affidavit of Support? Read answers to common questions below.
Can I file Form I-864 online?
Yes, if you receive Form I-864 through the National Visa Center (NVC), you can submit it online through the Consular Electronic Application Center (CEAC). For submissions directly to USCIS, such as with Form I-130, you must send it to the USCIS Chicago lockbox.
Who can sponsor with Form I-864?
A sponsor must be a U.S. citizen or permanent resident, at least 18 years old, and residing in the U.S. They must also meet the income and/or asset requirements to support the beneficiary.
How long is Form I-864 valid?
The obligations under Form I-864 generally last until one of the four events mentioned previously occurs: the beneficiary becomes a U.S. citizen, earns 40 qualifying quarters of work, departs the U.S. permanently, or the sponsor or beneficiary dies.
Which version of Form I-864 should I use?
The appropriate version depends on your specific situation. Form I-864 is the standard form, while Form I-864EZ is for those with a simple financial situation. Form I-864A is used if a household member’s income or assets are involved, and Form I-864W is for those exempt from filing Form I-864.
When should I file Form I-864?
File Form I-864 as part of your green card application process. If you are applying from abroad, it will be submitted to the NVC and U.S. Embassy or Consulate. For applications within the U.S., it is filed with USCIS.
How do I know if I meet the income requirements for Form I-864?
To determine if you meet the income requirements, compare your household income to the figures listed in Form I-864P. This form provides the income thresholds based on household size and location. Consulting a professional or using online tools can also assist in verifying your eligibility.
Related Resources
Green Card Overview: Timeline, Costs, and Types
How to Get a Marriage Green Card in US
USCIS Forms and Fees: Complete Breakdown
Visa Sponsorship: Requirements & Process
