Tag Archives: I-864

Form I-864, Affidavit of Support, posts in the CitizenPath immigration blog.

Reestablish U.S. Domicile When Filing Form I-864

July 2, 2019Apply for GC, Green Card, Immigrant Petitionsaffidavit of support, I-130, I-864

How U.S. Citizens Abroad Prove Domicile in U.S. for I-864 Affidavit

U.S. citizens who are living abroad and want to repatriate to the United States with a foreign family member will face the challenge of reestablishing domicile in the U.S. Basically, to help a relative immigrant, you must prove that you already live in the United States.

In the most common scenario, a U.S. citizen living abroad marries a foreign citizen spouse. They may (or may not) live in the foreign country for a few years before deciding to immigrate to the United States. The U.S. citizen petitions the American government (Form I-130) so that his/her foreign spouse can apply for a green card. In theory, this is simple. The spouse of a U.S. citizen is eligible for a green card. The challenge comes when filing a related form known as Form I-864, Affidavit of Support. Continue reading →

Top 7 Questions About Form I-864 Affidavit of Support

May 7, 2019Green Cardadjustment of status, affidavit of support, consular processing, I-129F, I-130, I-485, I-864

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).

When a foreign national applies for permanent residence in the United States, immigration officials are obligated in most cases to make sure 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. Continue reading →

Financial Sponsor Needed for a Family-Based Green Card

March 26, 2019Apply for GC, Green Card, Immigrant Petitions, Path to Citizenshipadjustment of status, conditional residence, consular processing, green card marriage, I-129F, I-130, I-485, I-864

An applicant for a family-based green card will need a financial sponsor in the United States before immigrating. Although some new green card holders may be able to find employment immediately and support themselves, the financial sponsor is necessary in case things don’t go as planned.

Every person who immigrates based on a family-based visa petition must have a financial sponsor. Whoever files Form I-130, Petition for Alien Relative, on behalf of a family member (or Form I-129F on behalf of a fiancé) must also agree to be the financial sponsor and file Form I-864, Affidavit of Support, when the time comes for the person to actually immigrate to the United States. Continue reading →

Proof of Domicile on I-864 Affidavit of Support

October 2, 2018Apply for GC, Green Cardadjustment of status, affidavit of support, consular processing, I-864

U.S. immigration law (INA §213A) requires intending immigrants in family-based visa categories to show that they have financial support in the United States. The U.S. citizen or permanent resident that petitions a family member for a green card also must file Form I-864, Affidavit of Support. The affidavit of support is a legal contract between the petitioner and the U.S. government. On Form I-864, petitioners must prove that they have the ability to financially support the visa applicant(s) if necessary. Additionally, the petitioner must provide proof of domicile in the United States.

In fact, there are three fundamental requirements for acting as the sponsor on the affidavit of support. The sponsor must: Continue reading →

I-864 Affidavit of Support Sample

November 7, 2017Apply for GC, Green Card, Path to Citizenshipadjustment of status, affidavit of support, consular processing, I-130, I-864

CitizenPath has launched a new service to help our customers with Form I-864, Affidavit of Support. The online service includes a calculator that helps make Form I-864 easy for anyone to prepare. This article explains how the service works and includes an Affidavit of Support sample created from the CitizenPath software.

Many immigration attorneys consider the Affidavit of Support to be one of the most difficult U.S. Citizenship and Immigration Services (USCIS) forms to prepare. USCIS routinely rejects Form I-864 or issues a Request for Evidence (RFEs) as a result of incorrectly prepared Affidavits of Support. Continue reading →