Form I-864, Affidavit of Support
Section 213(a) of the INA requires an affidavit of support. USCIS has created this affidavit in the form of the I-864. This is a form filled out by the sponsors of a hopeful immigrant and is submitted with most family-sponsored applications. Its purpose is to show that there is sufficient financial support for the immigrant and that there will not be a need for financial assistance from the U.S. Form I-864 is supported and included with SimpleCitizen.Ways To Fill Out Form I-864
The I-864 comes with its own instructions, but those can be confusing. There are a few ways this form can be tackled:
Fill Out On a Computer
Download and view in a PDF viewer. Download PDFSimpleCitizen’s Application Builder
Form I-864 is included with SimpleCitizen. Get Started *Includes Attorney ReviewPrint & Fill Out Paper Form
Print the PDF and fill by hand with black pen. Print PDFHire a Legal Professional
Find a legal professional to complete the form. Visit AILA.comWhat is a Sponsor?
Obligations of an I-864 Sponsor
To become a sponsor is to accept a legal obligation with the U.S. government and with the intending immigrant. A sponsor agrees to financially support the intending immigrant. Essentially, the sponsor agrees to provide the difference between the wages earned by the immigrant and 125 percent of the federal poverty level (FPL). This has a couple legal implications. First, if the immigrant does not make 125% FPL on their own, they can request or even sue a sponsor for that amount. Second, if the immigrant receives financial public assistance from a government agency, the sponsor may be requested to provide or sued for the amount equal to that assistance. This assistance may take the form of welfare, public housing, non-emergency Medicaid but does not include emergency Medicaid and short-term, non-cash emergency relief. Additionally, a sponsor must inform USCIS within 30 of any changes of address after the application until the obligation ends.Qualifying as a Sponsor
To qualify as a sponsor, there are four basic requirements. A sponsor must:- Be a US citizen
- Be at least 18 years old
- Be living in the US
- Have an annual income of at least 125% of the federal poverty level
- Household size,
- Location, and
- Income.
Sponsor’s household size | 100% of Federal Poverty Guidelines | 125% of Federal Poverty Guidelines |
2 | $21,150 | $26,437 |
3 | $26,650 | $33,312 |
4 | $32,150 | $40,187 |
5 | $37,650 | $47,062 |
6 | $43,150 | $53,937 |
7 | $48,650 | $60,812 |
8 | $54,150 | $67,687 |
Determining household size
The basic idea of household size is determining the number of people in your home. It seems simple, but it can become technical. To determine household size count:- You
- Your spouse
- Any children you have under the age of 21
- Any other dependents you claimed on your most recent Federal income tax return
- All lawful permanent residents you are currently sponsoring
- All lawful permanent residents you are applying to sponsoring
- (Optional) Other relatives living in your residence. Only include other relatives if you need to include their income.
Calculating Income
Again, the basic idea behind income is simple: it’s how much money a sponsor makes in a year. But it can become technical quick. To calculate a sponsor’s income add:- Annual income earned by the sponsor
- Annual income earned by spouse
- Annual Income earned by other dependents in the household
- (Optional) Annual income earned by other relatives living in the sponsor’s residence
- (Under limited circumstances) Annual income earned in the U.S. by the intending immigrant and joined by a “Contract with Household Member.”
- Wages
- Salaries
- Tips
- Taxable interest
- Ordinary dividends
- Alimony or child support
- Business income
- Capital gains
- Taxable IRA distributions
- Taxable pensions and annuities
- Rental income
- Unemployment compensation
- Workers compensation and disability
- Taxable Social Security benefits
Last resort: Assets
If, after adding together all the incomes of all the household members of the sponsor, the income is still insufficient, then assets can be considered. To qualify, an asset must be convertible into cash within one year without being too difficult for the owner. Substantial evidence is required for assets to qualify. The net value of a house can be considered an asset; this equal to the appraised value of the home, minus all loans. The net value of a car may also be included, but the sponsor must show they own another car that is not included as an asset. For assets to work, they must equal at least five times the difference between a sponsor’s total household income and the 125 percent mark. Note: if your sponsor who filed the visa petition died, then you need to get a substitute sponsor to fill out I-864. If your sponsor does not have sufficient funds to sponsor you financially, you need to find a joint sponsor.Adding a Joint Sponsor with Form I-864
So, once financial sponsors have counted the people in their household, added up their annual income, and made the calculation to determine whether their income is at least 125 percent of the federal poverty level, they might find that their income just isn’t over 125 percent, no matter how it’s calculated. If that’s the case, it is time to find a joint financial sponsor. A joint sponsor is very similar to a regular financial sponsor. A joint sponsor must:- Be a US citizen
- Be at least 18 years old
- Be living in the US
- Have annual income of at least 125% of the federal poverty level (FPL)
The end of the obligation
Financial sponsors aren’t obligated to care for the immigrant for the rest of existence. The obligation ends when the sponsored immigrant:- has worked ten full years
- becomes a U.S. citizen
- leaves the U.S. and no longer has permanent residence
- dies
- is deported and returns under a different sponsor.
- Or, the sponsor dies.