Many people who hope to live in the US must be able to prove that they are not a risk to US residents or to the US and that they are qualified to live in the US. Many people must also prove that they will not become a public charge by using social assistance programs. While there are many assistance programs in the US to help people in need, these programs are usually paid for through income taxes and since new arrivals have not paid any taxes, they must prove that they will not place an undue burden on these services.
In many cases, immigrants must file immigration Form I-864 (Affidavit of Support)
to prove that they have someone who will ensure that they will not become a public charge. This immigration form shows that the new arrival has friends or family in the US who are willing to help ensure that the new arrival will not become a public charge.
However, there are some cases in which this document is not necessary. For example, if someone is financially wealthy or receives a secure passive income but does not have anyone in the US who can act as a sponsor in the US, immigration Form I-864 may be a moot point. As well, many foreign-born children of US citizens who wish to reunite with their parents in the US may be exempt from the requirements of immigration form I-864. In cases where someone is exempt from the requirements of immigration form I-864, the must file USCIS Form I-864W (Intending Immigrant’s Affidavit of Support Exemption).
Form I-864W is a three-page form and is designed to show that the applicant will not become a public charge because he or she has financial support. In many cases, Form I864W must be filed with supporting documents which prove financial support and which prove that the applicant is exempt from the requirements of form I-864. The supporting documents can make filing form I 864 W somewhat complicated, which is why many applicants require help in completing this form.
Once USCIS Form I-864W (Intending Immigrant’s Affidavit of Support Exemption) is correctly completed and all supporting documents have been acquired, the immigration form is filed either with an immigration officer or a consular officer. If Form I-864W is filed abroad, it is typically filed together with Form OF-230 (Application for Immigrant Visa and Alien Registration) through a consular officer. Domestically, Form I864W is often filed together with Form I-485 (Application to Register Permanent Residence or Adjust Status) through an immigration officer. Although the USCIS does not charge filing fee for immigration form I 864 W, there is a $70 filing fee levied by the Department of State in cases where USCIS Form I-864W (Intending Immigrant’s Affidavit of Support Exemption) is filed in the US. When filed abroad, there is no filing fee for this immigration form.
