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The USCIS I-864 form, also known as the Affidavit of Support, plays a critical role in the immigration process for many individuals seeking permanent residency in the United States. This form is a legally binding contract that requires a sponsor, usually a family member or close friend, to demonstrate their ability to financially support the immigrant. By completing the I-864, the sponsor agrees to provide support at a level above the federal poverty line, ensuring that the immigrant will not become reliant on public benefits. The form requires detailed information about the sponsor’s income, assets, and household size, along with supporting documentation such as tax returns and employment verification. It is important to note that the obligations outlined in the I-864 can last indefinitely, or until the immigrant becomes a U.S. citizen, works for ten years, or leaves the country permanently. Understanding the nuances of the I-864 is essential for both sponsors and immigrants, as it not only affects immigration status but also financial responsibilities and future eligibility for various benefits.

Document Details

Fact Name Description
Purpose The I-864 form is used to show that a sponsor can financially support an immigrant.
Who Uses It? U.S. citizens and permanent residents who are sponsoring an immigrant must complete this form.
Income Requirement The sponsor must have an income that is at least 125% of the Federal Poverty Guidelines.
Supporting Documents Sponsors need to provide proof of income, such as tax returns and pay stubs.
Filing Fee There is no fee to file the I-864 form itself, but other related forms may have fees.
Duration of Obligation The sponsor's financial responsibility lasts until the immigrant becomes a U.S. citizen or can be credited with 40 quarters of work.
State-Specific Forms Some states may have additional requirements or forms, governed by state laws.
Submission The completed I-864 form is submitted to USCIS along with the immigrant's application for a green card.

Dos and Don'ts

When filling out the USCIS I-864 form, it’s important to approach the task carefully. Here are some key things to do and avoid:

  • Do read the instructions thoroughly before starting.
  • Do provide accurate and complete information.
  • Do double-check your calculations and figures.
  • Do sign and date the form where required.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank.
  • Don't use abbreviations or shorthand in your answers.
  • Don't submit the form without reviewing it for errors.
  • Don't forget to include necessary supporting documents.
  • Don't rush the process; take your time to ensure accuracy.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, is a critical document for individuals seeking to sponsor an immigrant. It serves as a promise from the sponsor to support the immigrant financially, ensuring that they will not become a public charge. Alongside the I-864, several other forms and documents are often required to complete the application process. Below is a list of these essential documents.

  • I-130 Petition for Alien Relative: This form is filed by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with the immigrant. It is the first step in the family-based immigration process.
  • FedEx Release Form: To authorize the delivery of your package when you cannot be home, ensure to fill out the PDF Documents Hub correctly, allowing FedEx to leave your package at a specified location.
  • I-485 Application to Register Permanent Residence or Adjust Status: This form is used by individuals already in the U.S. to apply for a green card. It allows them to adjust their immigration status without leaving the country.
  • I-864A Contract Between Sponsor and Household Member: If the sponsor's income is insufficient, this form can be used to include the income of other household members. It helps demonstrate that the immigrant will have adequate financial support.
  • Tax Returns and W-2 Forms: Sponsors must provide their most recent tax returns and W-2 forms as proof of income. These documents help USCIS assess the sponsor's financial capability to support the immigrant.

Each of these documents plays a vital role in the immigration process, ensuring that all necessary information is provided to support the application. Being prepared with these forms can streamline the process and increase the chances of a successful application.

Similar forms

  • USCIS I-130 Form: This form is used to establish a relationship between a U.S. citizen or lawful permanent resident and a foreign relative. Like the I-864, it is part of the family-based immigration process and requires proof of the relationship.

  • USCIS I-485 Form: The I-485 form is for individuals applying to adjust their status to become a lawful permanent resident. Similar to the I-864, it requires supporting documentation to demonstrate eligibility and financial stability.

  • USCIS I-751 Form: This form is filed to remove conditions on residence for individuals who obtained their green card through marriage. It shares similarities with the I-864 in that it requires evidence of the ongoing relationship and financial support.

  • California Articles of Incorporation: Essential for establishing a corporation in California, this legal document outlines crucial information about the business, such as its name and governance structure. To initiate your business venture, fill out the Articles of Incorporation form.

  • USCIS N-400 Form: The N-400 is the application for naturalization. While focused on citizenship, it also requires proof of financial support, much like the I-864, to ensure the applicant meets the necessary criteria.

  • USCIS I-864A Form: This is a contract between the primary sponsor and any household member who will contribute to the financial support of the intending immigrant. It is directly related to the I-864 and serves to strengthen the financial assurances provided to USCIS.

Common mistakes

Filling out the USCIS I-864 form can be a daunting task for many individuals. This form, known as the Affidavit of Support, plays a crucial role in the immigration process. However, several common mistakes can lead to delays or complications. Understanding these pitfalls can help ensure a smoother experience.

One frequent error is providing inaccurate income information. Applicants often underestimate or overestimate their annual income, which can affect their eligibility as a sponsor. It’s essential to report the correct figure, as USCIS requires proof of income through tax returns and pay stubs. Double-checking this information can prevent unnecessary issues down the line.

Another common mistake is neglecting to include all required household members. Many people fail to list individuals who live with them or who contribute to the household income. This oversight can create confusion and may lead to the rejection of the application. It’s important to include everyone who is part of the household, as this information helps establish financial stability.

Some applicants also forget to sign the form. A signature is not just a formality; it indicates that the sponsor agrees to take financial responsibility for the immigrant. Without a signature, the form is incomplete, and USCIS will not process it. Taking a moment to review the form for signatures can save time and frustration.

Additionally, many individuals overlook the importance of providing complete documentation. Supporting documents, such as tax returns and employment verification letters, must accompany the I-864 form. Failing to submit these documents can lead to delays or even denials. Organizing these materials ahead of time can make the submission process much more efficient.

Finally, some applicants underestimate the impact of changes in circumstances. If there are changes in income, employment, or household size after submitting the form, it’s vital to inform USCIS. Ignoring these changes can lead to complications later on, especially if the immigrant relies on the sponsor's financial support. Keeping USCIS updated ensures that the application remains valid and reflects the current situation.