Do I need to file an Affidavit of Support Form I-864?

Form I-864 (Declaration of Economic Sponsorship) not only represents a legal commitment between the sponsor and the U.S. government but also establishes financial support for beneficiaries of certain visa types, including marriage and other family-based categories. From individual sponsors to co-sponsors, this article breaks down the key aspects of Form I-864, including best practices for success.

Understanding Affidavit of Support Form I-864

As part of applying for certain immigration benefits, such as family-based visa petitions, the sponsor is required to file an Affidavit of Support Form I-864. This form is a legally binding contract between the sponsor and the U.S. government. The sponsor is typically the person who filed the immigrant petition on behalf of the beneficiary (spouse of permanent resident/US citizen). If you are the sponsor, you must prove that you will financially support your loved one if they cannot support themselves and that they will not become dependent on the United States government.

On the other hand, if you are the petitioner and don’t have enough money to support your partner, you will need a joint sponsor. A joint sponsor is someone who agrees to legally be responsible for supporting your family member together with you. A joint sponsor has to meet the same requirements as you, but they don't have to be related to the beneficiary. It can be a family member or a friend. The joint sponsor must meet the income requirement on their own and you can't combine your income with the joint sponsors to meet this requirement. As of early 2024, the current income requirement is $24,650 for a household of two people, or 125% of the Federal Poverty Guidelines. This required amount increases by $6,425 with every additional dependent person in the sponsor’s household who is in the mainland USA. For example, if the household includes three people (ex. you, your spouse and one dependent), the requirement is $31,075.

Why File the Affidavit of Support Form I-864, and When Do Your Obligations End?

Filing the Affidavit of Support Form I-864 is required to prove the financial responsibility of the sponsor and to assure that the sponsored beneficiary does not become a public charge. A public charge is defined as a person who depends on the state for most of their expenses and neither has the financial means nor the will to be self-sufficient.

Even though the sponsor has responsibilities to carry out Form I-864, there are a few instances where they no longer have to cover those obligations. Generally, those obligations end when the beneficiary becomes a U.S. citizen or is accredited with 40 quarters of work in the United States.

Another instance where the sponsor is liberated from financial obligations is if they pass away. If the visa petitioner has died after approval of the visa petition, but USCIS decides to let the petition continue, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner. In this case, the substitute sponsor must be related to the original beneficiary.

Your obligation as a sponsor also ends if the individual sponsored ceases to be a lawful permanent resident and departs the United States. This means that the sponsor is committed to paying any necessary costs before the Green Card is granted. Additionally, if the sponsored beneficiary receives any public benefits, the U.S. government has the right to recover the cost from the sponsor.

Who Needs to File the Affidavit of Support Form I-864?

Form I-864 is required when an intending immigrant in a family-marriage-based category requires support to satisfy certain rules outlined in Section 213A of the Immigration and Nationality Act before applying for a Green Card.

1. All immediate relatives of U.S. citizens (which includes spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older)
2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older)
3. Employment-based preference immigrants only if a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the employer that filed the petition.

Due to these rules, we find that most applications for a marriage Green Card will require submitting the form. For family and/or marriage-based petitions, anyone who is a family member or spouse of the intending immigrant and meets the income requirements can be a sponsor.

If your spouse is in the United States and is applying for an adjustment of status, the form has no cost. But, if your spouse is applying outside the United States through consular processing, it has a cost of $120. Keep in mind these costs can be changed at any moment, so please stay informed with official United States government pages.

Determining if you Need Form I-864

Completing the Affidavit of Support Form I-864 can be challenging, especially when it comes to determining the necessary level of financial support that should be pledged to the intending immigrant. Whether you are a sponsor, joint sponsor, or substitute sponsor, you must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size. Your household size includes you, your dependents, any relatives living with you, and the beneficiary you are sponsoring. If the sponsor's earnings are insufficient, additional household members' income can be included on the form or use of assets, such as a house, car, or other properties, which can be used to prove financial ability to provide support.

It usually takes around 2-4 months to get a response from the USCIS regarding your Affidavit of Support Form I-864. However, any incomplete, inaccurate, or incorrect forms will lead to delays and eventually rejection of an application. Alvva can work with you side by side to prepare and complete an accurate I-864 form and avoid delays or rejections from the comfort of your home. Starting at just $595, Alvva can complete all of your required Green Card forms and guarantee 100% approval once submitted to the USCIS and provide you with tools to keep track of the process once you have submitted your application. Check your eligibility today!

Importance and Sponsor Commitment on Form I-864: Conclusion and Recommendations

It is crucial for sponsors to thoroughly understand the requirements and ramifications of the Affidavit of Support I-864 before completion and filing. Understanding that it is a legally binding contract that creates a significant obligation for the sponsor in terms of financially supporting a family member/spouse seeking residency in the United States is very important to avoid any conflicts in the near future between the petitioner, beneficiary, and government.

The sponsor's responsibilities under the agreement can last for a very long time, up to 10 years in some cases, and can’t be easily terminated. Filing Form I-864 involves providing detailed financial information about the sponsor to show that they meet the necessary income requirements to support the family member/spouse. Given the complexity of this process and the high stakes involved, it's crucial for anyone considering sponsoring a family member/spouse to work together with an online service like Alvva. Alvva’s team of experts can determine if you meet the income requirements and complete this form for you, eliminating the stress involved in these procedures, and allowing you to focus on other important aspects of life. Don’t waste any more time and head over to Alvva, to start your process towards a family-based Green Card.