What is an Affidavit of Support, Form I-864?
What is an Affidavit of Support, Form I-864?
According to section 213A of the Immigration and Nationality Act (INA) and title 8 CFR 213a, this is a contract of an individual whom is agreeing to use their financial resources to support the intending immigrant named on the affidavit. Please note that an individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. For the immigration petition purpose, the sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
Important Facts of this Form
An affidavit of support is a legally enforceable contract, and the sponsor’s responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years). The submission of this affidavit may make the sponsored immigrant ineligible for certain Federal, state, or local means tested public benefits, because an agency that provides means-tested public benefits will consider your resources and assets as available to the sponsored immigrant when determining his or her eligibility for the program. If the immigrant sponsored in this affidavit does receive one of the designated Federal, state or local means-tested public benefits, the agency providing the benefit may request that you repay the cost of those benefits. Please note that not all benefits are considered as means-tested public benefits. For instance, that agency can sue the sponsor if the cost of the benefits provided is not repaid. See Form I-864P, Poverty Guidelines, for more information on which benefits are covered by this definition, or the contract in Part 8.
What is the Purpose of this Form?
Generally, this affidavit is required for most family-based immigrants and some employment-based intending immigrants to show that they have adequate means of financial support and are not likely to become a public charge. This affidavit is a contract between a sponsor and the U.S. Government. Completing and signing Form I-864 makes the U.S. petitioner to be the sponsor. In other words, by signing Form I-864, the individuals are agreeing to use their resources to support the intending immigrants named in this affidavit, if it becomes necessary. The sponsor must show on this affidavit that they have enough income and/or assets to maintain the intending immigrants and the rest of their household at 125 percent of the Federal Poverty Guidelines (or 100 percent if they are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child).
Who Needs to Submit this Form?
The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner to obtain an immigrant visa or adjustment of status:
All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences:
First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)
Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children
Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition.
Note: An individual listed above does not need to submit an affidavit of support if they can show that if they EITHER:
Already worked 40 qualifying quarters as defined in Title II of the Social Security Act or An individual who has earned or can be credited with 40 qualifying quarters (credits) of work in the United States
Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act
Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000
Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.
