Affidavit of Support – Form I-864

Affidavit of Support

Form I-864, also known as the Affidavit of Support Under Section 213A of the Immigration and Nationality Act, is a document that is required for certain family-based immigrants to the United States. The purpose of the I-864 is to ensure that immigrants have adequate means of financial support and to prevent them from using public service.

When a U.S. citizen or lawful permanent resident sponsors an immigrant family member for a green card, they may be required to file an I-864. This form is typically used for family-based immigration categories, such as immediate relatives (spouses, parents, and unmarried children under 21) and certain preference categories.

Who can file an Affidavit of Support?

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States.

Responsibilities as a Sponsor:

By signing the I-864, the sponsor legally agrees to provide financial support to their family members, if necessary, to maintain the immigrant at an income level at or above 125% of the Federal Poverty Guidelines for the sponsor’s household size. ( household size includes sponsor, sponsor’s dependents, any relatives living with the sponsor, and the immigrant the sponsor is sponsoring.)

What if I can not meet the minimum income requirements?

1. You may add the cash value of your assets. This includes money in savings accounts, stocks, bonds, and property.

2. You may count the income and assets of members of your household who are related to you by birth, marriage, or adoption. To use their income, you must have listed them as dependents on your most recent federal tax return or they must have lived with you for the last 6 months. They must also complete Form I-864A, Contract Between Sponsor and Household Member. If the relative you are sponsoring meets these criteria, you may include the value of their income and assets, but the immigrant does not need to complete Form I-864A unless he or she has accompanying family members.

3. You may count the assets of the relatives you are sponsoring.

What happens if the immigrant relative applies for social assistance?

The I-864 is a legally binding contract between the sponsor and the U.S. government. It requires the sponsor to provide information about their income, assets, and liabilities to demonstrate that they meet the income requirements to support the immigrant. In some cases, a joint sponsor may be necessary if the original sponsor’s income is insufficient.

It’s important to note that the I-864 carries significant responsibilities and potential legal consequences. If the sponsored immigrant receives public benefits, the sponsor may be held financially responsible for repaying those benefits to the government.

Can I sponsor my eligible family members to the USA if I am not living in the USA?

If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary and that you still have your domicile in the United States.

If you have specific questions or concerns about the I-864 form – Affidavit of Support or its requirements, contact our experienced Vancouver immigration attorney, who can provide personalized guidance based on your circumstances.

You can cotact our Vancouver Immigration lawyer at YA Law Corporation at: 604-620-9598

YA Law Corporation

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