Understanding the Form I-864 Affidavit of Support: Ensuring Financial Sponsorship

Introduction:

The Form I-864 Affidavit of Support is required for most family-based immigrant visa petitions and some employment-based immigrant visa petitions. The primary purpose of the form is to demonstrate that the intending immigrant has adequate financial support and will not rely on government assistance upon entry to the United States.

Key Components of the Form I-864:

Sponsor Eligibility:

The sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident (green card holder) who is at least 18 years old and domiciled in the United States. The sponsor must meet certain income requirements to ensure they have the financial means to support the immigrant.

Household Size and Income:

The sponsor's household size includes the sponsor, the sponsor's dependents, and the sponsored immigrant. The sponsor's income must meet or exceed the minimum income threshold established by the U.S. Department of Health and Human Services (HHS) based on the Federal Poverty Guidelines.

Submission of Supporting Documentation:

In addition to completing the Form I-864, sponsors are required to submit supporting documentation to verify their income and financial resources. This may include recent tax returns, W-2 forms, pay stubs, bank statements, and other financial records

Joint Sponsorship and Household Members:

If the sponsor's income does not meet the minimum threshold, a joint sponsor may be used to meet the financial requirements. A joint sponsor must also complete and sign a separate Form I-864 and provide supporting documentation of their income and financial resources.

Contractual Obligations:

By signing the Form I-864, the sponsor agrees to financially support the immigrant at an amount no less than 125% of the Federal Poverty Guidelines until the immigrant becomes a U.S. citizen, accumulates 40 quarters of work, dies, or leaves the United States permanently.

Conclusion

Navigating the complexities of the Form I-864 Affidavit of Support requires careful attention to detail and adherence to immigration laws and regulations. At KPB Immigration Law Firm, our experienced attorneys specialize in guiding sponsors through the process of completing the Form I-864 and providing comprehensive legal assistance to ensure compliance with immigration requirements. If you're preparing to sponsor an immigrant or have questions about the Form I-864, contact us today to book a consultation.