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The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process for many individuals seeking to bring family members to the United States. This form is designed to demonstrate that the sponsor has the financial means to support the immigrant, ensuring that they will not become a public charge. By completing the I-864, the sponsor agrees to provide financial support at a level above the federal poverty guidelines, which helps to protect the immigrant from relying on government assistance. The form requires detailed information about the sponsor's income, assets, and household size, and it must be submitted alongside other immigration forms during the application process. Additionally, the I-864 can have long-term implications, as it establishes a legally binding contract between the sponsor and the U.S. government. Understanding the responsibilities and requirements associated with the I-864 is essential for anyone navigating the complex landscape of U.S. immigration. Properly completing this form can significantly impact the success of an immigration application, making it vital for sponsors to approach it with care and attention to detail.

Misconceptions

The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document in the immigration process. However, several misconceptions surround its purpose and requirements. Here are ten common misunderstandings:

  1. Only U.S. citizens can be sponsors. Many believe that only U.S. citizens can fill out the I-864 form. In reality, lawful permanent residents (green card holders) can also act as sponsors.
  2. The I-864 is optional for all immigrants. Some think that the I-864 is optional for certain immigrants. However, it is mandatory for most family-based immigration cases to demonstrate financial support.
  3. Income must come from a single source. A common misconception is that sponsors must have income from one job. In fact, income can be combined from multiple jobs or sources to meet the required threshold.
  4. Only current income counts. Many assume that only current income is relevant. However, assets can also be used to meet the financial requirements if they are substantial enough.
  5. Once signed, the sponsor has no further obligations. Some believe that signing the I-864 absolves them of any future responsibilities. In truth, sponsors remain financially responsible for the immigrant until they become a U.S. citizen or can be credited with 40 quarters of work.
  6. The I-864 form guarantees a visa. Many people think that submitting the I-864 guarantees visa approval. While it is a crucial part of the application, it does not ensure that the visa will be granted.
  7. All sponsors must meet the same income level. Some believe that all sponsors must meet the same income threshold regardless of household size. In reality, the required income level varies based on the number of people in the household.
  8. Only the sponsor's income is considered. It is a misconception that only the sponsor's income is taken into account. Household members can also contribute their income to help meet the requirement.
  9. Submitting the I-864 means the sponsor will be financially responsible for life. Many think that the financial obligation is indefinite. However, the obligation ends if the immigrant becomes a U.S. citizen or can be credited with 40 quarters of work.
  10. There is no need to provide documentation with the I-864. Some believe they can submit the form without any supporting documents. In fact, it is essential to provide proof of income and assets to substantiate the claims made on the form.

Understanding these misconceptions can help individuals navigate the immigration process more effectively and ensure that they meet all necessary requirements.

USCIS I-864: Usage Instruction

Once you have gathered the necessary documents, you can begin filling out the USCIS I-864 form. It is important to provide accurate information to avoid delays in the application process.

  1. Start with Part 1: Information About You. Fill in your full name, mailing address, and other personal details as requested.
  2. Move to Part 2: Information About the Person You Are Sponsoring. Enter the name and details of the individual you are sponsoring.
  3. In Part 3, provide information about your household size. Include everyone who will be living with you and any dependents.
  4. Part 4 requires you to list your income. Report your total annual income and attach supporting documents like tax returns or pay stubs.
  5. Next, in Part 5, disclose any assets you may have. This includes bank statements or property deeds that demonstrate your financial stability.
  6. In Part 6, answer questions about your employment and any additional income sources.
  7. Part 7 is where you will sign and date the form. Ensure that you are signing as the sponsor.
  8. Finally, review the entire form for accuracy. Make sure all information is complete and correct before submission.

After completing the form, make copies for your records. You will need to submit the I-864 along with your other application materials to USCIS. Ensure that you follow the submission guidelines carefully to avoid any issues.

Common mistakes

  1. Inaccurate Information: One of the most common mistakes is providing incorrect or outdated information. Applicants often overlook details like addresses or employment history.

  2. Missing Signatures: Failing to sign the form is a frequent oversight. Without a signature, the application may be considered incomplete.

  3. Improperly Calculating Income: Some individuals miscalculate their total income. It's essential to include all sources of income and ensure they meet the required thresholds.

  4. Neglecting Supporting Documents: Applicants sometimes forget to include necessary supporting documents, such as tax returns or pay stubs. These documents are crucial for proving financial stability.

  5. Incorrectly Identifying Household Members: It is vital to accurately list all household members. Omitting someone can lead to complications in the application process.

  6. Using Outdated Forms: Some applicants mistakenly use older versions of the I-864 form. Always check for the latest version on the USCIS website.

  7. Not Following Instructions: Each section of the form comes with specific instructions. Ignoring these can lead to errors and delays.

  8. Failing to Update Information: If circumstances change, such as a job loss or change in income, applicants must update the information before submission.

  9. Not Keeping Copies: Some people submit their forms without making copies. Keeping a copy is essential for future reference and follow-up.

  10. Submitting Without Review: Rushing to submit the form without thorough review can lead to overlooked mistakes. Taking time to double-check can save significant headaches later.

File Specifics

Fact Name Description
Purpose The I-864 form, also known as the Affidavit of Support, is used to demonstrate that a sponsor can financially support an immigrant. This ensures that the immigrant will not become a public charge.
Eligibility Requirements To be a sponsor, you must be a U.S. citizen or a lawful permanent resident, at least 18 years old, and have a sufficient income or assets to support the immigrant.
Income Guidelines The sponsor's income must be at least 125% of the federal poverty level for their household size. This amount varies depending on the number of people in the household and is updated annually.
Joint Sponsors If the primary sponsor does not meet the income requirements, a joint sponsor can help. This person must also complete an I-864 form and meet the income criteria independently.
Legal Obligations By signing the I-864, the sponsor agrees to financially support the immigrant until they become a U.S. citizen or can be credited with 40 quarters of work (approximately 10 years).

Dos and Don'ts

When completing the USCIS I-864 form, it is important to follow certain guidelines to ensure accuracy and compliance. Here are five things you should and shouldn't do:

  • Do: Read the instructions carefully before starting the form.
  • Do: Provide accurate and complete information for all required fields.
  • Do: Use black ink and write legibly to ensure clarity.
  • Do: Include all necessary supporting documents as specified in the instructions.
  • Do: Double-check your form for errors before submission.
  • Don't: Leave any required fields blank; this may lead to delays.
  • Don't: Use white-out or correction fluid on the form.
  • Don't: Submit the form without signing it.
  • Don't: Provide false information, as this can have serious consequences.
  • Don't: Forget to keep a copy of the completed form for your records.

Similar forms

The USCIS I-864 form, also known as the Affidavit of Support, shares similarities with the I-134 form. Both documents are used to demonstrate financial support for an immigrant. While the I-864 is typically required for family-based immigration and some employment-based cases, the I-134 is often used for non-immigrant visa applicants, such as tourists or students. Each form aims to show that the applicant will not become a public charge, but the I-864 requires a more detailed financial assessment and is legally binding.

Another document similar to the I-864 is the I-864A, which is a contract between the primary sponsor and a household member. This form allows additional income or assets from the household member to be counted towards the financial support requirement. The I-864A must be submitted alongside the I-864 to strengthen the financial case for the immigrant. Both forms work together to ensure that the immigrant has sufficient financial backing.

The I-864EZ is a simplified version of the I-864 form, designed for certain applicants who meet specific criteria. Like the I-864, it serves to prove that the sponsor can financially support the immigrant. The I-864EZ is less complex and requires fewer supporting documents, making it easier for eligible sponsors to complete. This form is ideal for those who do not have dependents and meet income requirements.

The I-130 form, while primarily a petition for a relative to immigrate, also relates to the I-864. When filing the I-130, the petitioner must eventually submit an I-864 to demonstrate their ability to support the immigrant financially. Both forms are part of the family-based immigration process, and the I-130 lays the groundwork for the financial commitment shown in the I-864.

Form I-751, Petition to Remove Conditions on Residence, also connects to the I-864. When a conditional resident seeks to remove their status, they must prove that their marriage was genuine and not solely for immigration benefits. The I-864 may be referenced to show the financial support provided by the U.S. citizen spouse, reinforcing the authenticity of the marriage.

The I-140 form, used for employment-based immigration, also has a relationship with the I-864. In cases where the employer is sponsoring a worker, the employer may need to submit an I-864 if the worker’s family members are applying for visas. This ensures that the family will have financial support while residing in the United States, similar to the requirements of the I-864 for family-based cases.

The N-400 form, the application for naturalization, can also be connected to the I-864. When applying for citizenship, applicants may need to demonstrate their continuous residence and good moral character, which includes financial stability. While the I-864 is not directly required for this process, the financial support shown in the I-864 can reflect positively on the applicant's character and stability.

The DS-260 form, used for immigrant visa applications, is another document that parallels the I-864. When completing the DS-260, applicants must provide information about their financial situation and may need to reference the I-864 if they have a sponsor. Both forms ensure that the applicant will not rely on public assistance upon arrival in the United States.

Finally, the I-864W form, which is a waiver of the Affidavit of Support, is related to the I-864 as it provides a way for certain applicants to bypass the financial support requirement. This form is typically used by individuals who are self-sufficient or already have adequate means. Both forms address the financial aspect of immigration, but the I-864W offers an alternative for those who meet specific criteria.