Who Should File Form I-864?

If you are sponsoring a relative for immigration to the U.S. through a family-based petition, you must complete Form I-864. This includes:

  • Immediate relatives (spouses, children under 21, and parents of U.S. citizens).
  • Certain employment-based immigrants, where the petitioner is a relative or has a significant ownership interest in the sponsoring business.

Key Supporting Documents

When filing Form I-864, you must provide several key documents:

  • Proof of status: For U.S. citizens, this includes a birth certificate, passport, or naturalization certificate. For lawful permanent residents, you need a copy of both sides of your green card.
  • Proof of income: Submit your most recent federal tax return, pay stubs, and, if necessary, an employment verification letter.
  • Using assets: If you’re relying on assets to meet income requirements, you must submit evidence of ownership and value, as well as any debts against the assets.

If any of these documents are in a language other than English, you must provide certified translations. Certling offers certified translation services that meet USCIS standards, ensuring your documents are accepted without delays.

Immigrant Visa Process and the Role of Form I-864

The immigrant visa process involves several steps to ensure that individuals seeking permanent residency in the United States meet all legal and financial requirements. One critical element of this process is Form I-864, Affidavit of Support, which serves as a contract between the sponsor and the U.S. government. This form is designed to ensure that immigrants have sufficient financial support to avoid becoming dependent on public benefits after entering the U.S.

Importance of Form I-864 in the Immigrant Visa Process

Form I-864 is a required document for most family-based immigrants and some employment-based immigrants. It demonstrates that the sponsor has the financial means to support the immigrant. Without this form, an immigrant visa or green card application cannot be approved. Here’s how it fits into the broader immigrant visa process:

  1. Petition Approval: After the initial petition (e.g., Form I-130 or Form I-140) is approved, the National Visa Center (NVC) requires Form I-864 as part of the immigrant visa application package.
  2. Demonstrating Financial Stability: The form ensures that the immigrant will not become a public charge, a key requirement under U.S. immigration law.
  3. Visa Interview: At the visa interview, consular officers review Form I-864 and its supporting documents to confirm the sponsor’s financial ability to support the immigrant.

Key Aspects of Form I-864 in the Visa Process

  • Household Size and Income: The sponsor’s household size and income must meet or exceed 125% of the federal poverty guidelines.
  • Joint Sponsors: If the primary sponsor’s income is insufficient, a joint sponsor can provide additional financial support.
  • Proof of Income and Assets: Sponsors must submit federal tax returns, pay stubs, and asset documentation to prove financial stability.

Certified Translations for Supporting Documents

All supporting documents not in English, such as birth certificates, income records, or property deeds, must include certified translations. Certling offers USCIS-compliant translations to ensure your application is accepted without delays.

What Happens After Filing Form I-864?

Once Form I-864 is submitted, it becomes legally binding. The sponsor is responsible for financially supporting the immigrant until they:

  • Become a U.S. citizen.
  • Complete 40 qualifying quarters of work (approximately 10 years).
  • Leave the United States or pass away.

This financial obligation ensures that the immigrant can integrate into society without relying on public assistance.

For more detailed information about Form I-864 and its role in the immigrant visa process, visit the USCIS page on Form I-864.

Financial Requirements and Options for Joint Sponsors

To qualify as a sponsor, your income must be at least 125% of the federal poverty guidelines for your household size. If your income does not meet the required threshold, you may include household members' income or enlist a joint sponsor. A joint sponsor must also be a U.S. citizen or lawful permanent resident, and they will share financial responsibility for the immigrant.

Responsibilities of a Sponsor

By signing Form I-864, you commit to financially supporting the immigrant until they either:

  • Become a U.S. citizen.
  • Have worked for 40 quarters (about 10 years) in the U.S.
  • Leave the U.S. or pass away.

Failure to meet these obligations could result in legal action if the immigrant collects means-tested public benefits.

No Filing Fee for Form I-864

There is no fee to file Form I-864 or its related forms, such as I-864A (for household members), I-864EZ (a simplified version for certain sponsors), or I-864W (for exemptions).

For more detailed instructions, visit the USCIS page on Form I-864.

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