Top 9 Questions About Form I-864 Affidavit of Support

Even many immigration lawyers consider Form I-864, Affidavit of Support, to be one of the most confusing immigration forms. It’s a little like combining the financials of a tax return with the complexity of an immigration form. In fact, that’s basically what it is. The stakes are high. If the sponsor does not qualify, U.S. Citizenship and Immigration Services (USCIS) will not issue the intending immigrant permanent residence (green card). That why many green card applicants have affidavit of support questions.

When a foreign national applies for permanent residence in the United States, immigration officials must confirm that the intending immigrant has adequate means of financial support and is not likely to become a public charge. USCIS requires Form I-864, Affidavit of Support, for most family-based applications and some employment-based applications. It’s a contract between a sponsor and the U.S. government, in which the sponsor promises to support the intending immigrant if he or she is unable to do so on their own. It’s a back-up plan in case the immigrant has financial problems.

Preparing this mandatory form can be difficult. We’ve compiled the top nine Form I-864, Affidavit of Support questions:

Do I need to submit a Form I-864, Affidavit of Support, with my green card application?

At the time of applying for a green card, U.S. immigration law requires the following immigrants to submit Form I-864 completed by the sponsor:

• Family-based immigrants
• Employment-based preference immigrants in cases when a relative filed the immigrant visa petition
• Employment-based preference immigrants when a family member has a significant ownership interest (five percent or more) in the entity that filed the petition

The relative who filed the visa petition (e.g. Form I-130, I-129F, I-140, etc.) must act as a sponsor on Form I-864. This relative may be referred to as the petitioning sponsor.

In very rare cases, there are some exceptions for intending immigrants with 40 qualifying quarters of work in the U.S., those that will automatically acquire U.S. citizenship under section 320 of the INA, self-petitioning widows or widowers who have an approved Form I-360, and battered spouses and children who have an approved Form I-360.

Do I qualify as a sponsor on Form I-864, Affidavit of Support?

Some of the most common Affidavit of Support questions are regarding sponsor’s requirements. A sponsor completes Form I-864 on behalf of the intending immigrant. Generally, the sponsor must:

• Be a U.S. citizen, U.S. national or lawful permanent resident age 18 or older;
• Have income 125% above the federal poverty guidelines; and
• Have a U.S. domicile.

Modifications to the income requirement are made for residents of Alaska and Hawaii and members of the U.S. armed forces. For a detailed table of required income by household size, refer to the Federal Poverty Guidelines.

As a general rule, every green card application should include an affidavit of support prepared 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 does not have the financial resources to qualify, the intending immigrant may add another sponsor.

My income is too low to be an I-864 sponsor. What can I do?

If your income is below the threshold, and you are the only sponsor, the government will most likely deny the intending immigrant’s green card application. There are three fundamental ways to resolve this problem:

Refer to instructions for Form I-864, Affidavit of Support, for detailed instructions on each of the above options.

CitizenPath’s Affidavit of Support Package can help you verify eligibility and prepare a correct Form I-864. If you need to add household members or a joint sponsor, our simple process will walk you through these steps.

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.

What is a joint sponsor?

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.

I have obtained a joint sponsor, do I (the petitioner) still have to submit Form I-864 for my relative?

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 Support Package. In addition to providing you with a ready-to-sign form, CitizenPath provides simple filing instructions that are customized to your specific situation.

Form I-864 is one of the most confusing USCIS forms. If you still have Affidavit of Support questions, there’s an affordable solution to preparing the form correctly.

CitizenPath provides simple, affordable, step-by-step guidance through USCIS immigration forms like the Affidavit of Support. Individuals, attorneys and non-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to try the service for free and provides a 100% money-back guarantee that USCIS will approve the application or petition. We provide support for the Affidavit of Support (Form I-864), Family-Based Visa Petition (Form I-130), and several other immigration packages.

Note to Reader: This post was originally published on August 1, 2017, and has been modified with improvements.