An Affidavit of Support is a legally binding document used in the context of U.S. immigration to demonstrate that a sponsoring individual or entity is willing and financially able to support an immigrant coming to the United States. It is often required as part of the immigration application process, particularly in family-sponsored and employment-based immigration categories.
The primary purpose of the Affidavit of Support is to ensure that immigrants do not become public charges and have adequate financial support while they are in the United States. By signing this document, the sponsor accepts legal responsibility for financially supporting the immigrant beneficiary, and the U.S. government can seek reimbursement from the sponsor if the immigrant receives certain means-tested public benefits.
Key points about the Affidavit of Support:
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Sponsorship: The sponsor is typically a U.S. citizen or a lawful permanent resident (green card holder) who is petitioning for a family member or sponsoring an employee for a specific visa category. In some cases, a joint sponsor may be needed if the primary sponsor's income does not meet the required threshold.
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Financial Requirements: The sponsor must demonstrate that their income or assets meet the minimum financial requirements set by the U.S. government, which is usually based on the Federal Poverty Guidelines. The specific income threshold can vary depending on factors such as family size and location.
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Form I-864: The most commonly used Affidavit of Support form is the Form I-864, officially known as the “Affidavit of Support Under Section 213A of the INA.” The sponsor must complete this form and provide supporting documentation to prove their financial eligibility.
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Legal Obligation: Signing the Affidavit of Support is a serious legal commitment. The sponsor's responsibility lasts until the immigrant beneficiary becomes a U.S. citizen, has worked in the United States for a specified number of quarters, leaves the country permanently, or dies.
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Enforcement: If the immigrant beneficiary receives certain means-tested public benefits, the government may take legal action to recover those costs from the sponsor. This is known as “sponsorship enforcement.”
How to prepare Form I-864?
Preparing Form I-864, the Affidavit of Support, is a crucial step in the U.S. immigration process, particularly if you are sponsoring a family member or relative for an immigrant visa or green card. Below are the general steps to prepare Form I-864:
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Obtain the Correct Version of the Form:
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Visit the U.S. Citizenship and Immigration Services (USCIS) website (uscis.gov) to download the most recent version of Form I-864, as USCIS may update the form periodically.
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Review the Instructions:
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Along with the form, USCIS provides detailed instructions (Form I-864P) that explain how to fill out and submit Form I-864. Be sure to read these instructions thoroughly to understand the requirements and eligibility criteria.
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Gather Required Documents:
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Before gathering the supporting documents check Form I-864 checklist of required documents:
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Tax returns and W-2 forms for the most recent tax years.
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Proof of current employment and income, such as pay stubs and a letter from your employer.
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Evidence of assets, if you plan to use them to meet the financial requirements.
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Proof of your U.S. citizenship or lawful permanent resident status.
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Any other documents specified in the instructions or required for your specific situation.
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Complete Form I-864:
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Carefully complete the form, providing accurate and truthful information. Make sure to include all requested details, including personal information, employment history, and financial details.
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Be consistent with the information provided on your tax returns and supporting documents.
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Calculate the Minimum Income Requirement:
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Refer to the Form I-864P instructions to determine the minimum income requirement based on your household size and location.
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Ensure that your income meets or exceeds the required threshold.
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Include Supporting Documents:
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Attach copies of the required supporting documents to your Form I-864. This typically includes tax returns, W-2 forms, and any other evidence of financial stability.
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Sign and Date the Form:
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Both the sponsor and any joint sponsors must sign and date the completed Form I-864. Use black ink and ensure your signature is clear and legible.
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Submit the Form:
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Check the USCIS website or the specific immigration application instructions to determine where to submit your Form I-864. The address may vary depending on your specific immigration case and the location of your sponsoring relative.
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Retain Copies:
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Make copies of the completed Form I-864 and all supporting documents for your records.
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Wait for USCIS Processing:
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After submitting the form, USCIS will process your application. Be prepared for potential requests for additional documentation or information during the processing period.
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It's important to note that the Form I-864 is a legally binding document, and sponsors should take their responsibilities seriously. If you have any doubts or concerns about the process, consider seeking legal advice or consulting an immigration attorney for guidance. Additionally, the specific requirements and procedures may vary depending on the immigrant visa or green card category, so always refer to the latest USCIS instructions and guidelines for your specific situation.
