Navigating U.S. immigration can be overwhelming, especially when financial support is involved. One key document is Form I-864, the Affidavit of Support. This legally binding contract is essential for many family-based and certain employment-based immigration cases. In this post, we’ll explain the purpose of Form I-864, its requirements, and what it means for sponsors.
What Is Form I-864?
Form I-864, also known as the Affidavit of Support, is a legal contract under Section 213A of the Immigration and Nationality Act (INA). It ensures that an immigrant has financial support and will not rely on government assistance in the U.S.
By signing Form I-864, the sponsor agrees to take financial responsibility for the immigrant. This obligation helps protect taxpayers from bearing the cost of public benefits for immigrants.
Key Requirements for Form I-864
To ensure you complete the process correctly, here are the most important aspects of filing Form I-864:
1. Form Edition and Availability
- Always use the latest form edition. Download it directly from the official USCIS website.
2. Filing Locations
- Refer to the USCIS Lockbox Filing Locations Chart to find the correct mailing address based on where you live. Filing addresses vary depending on whether the immigrant is applying inside or outside the U.S.
3. Filing Fee
- The fee structure depends on the case. Sponsors submitting Form I-864 through the National Visa Center (NVC) may need to pay a fee. Check the official USCIS or Department of State website for the most up-to-date fee information.
Documentation Checklist for Form I-864
To avoid delays, include all necessary supporting documents:
For All Sponsors
- A copy of your most recent federal income tax return, including all W-2s or an explanation if you didn’t file.
For Specific Sponsors
Additional documents are required if you:
- Are self-employed: Provide tax schedules or a profit/loss statement.
- Are sponsoring multiple immigrants: File separate forms for each immigrant.
- Are using household income or assets: Include proof of those resources.
- Are a military sponsor: You may qualify for special rules regarding income thresholds.
How Long Does the Sponsorship Last?
The sponsorship obligation continues until the immigrant:
- Becomes a U.S. citizen.
- Works in the U.S. for 40 quarters (10 years).
Note: Divorce does not end your sponsorship responsibility. Even if your relationship changes, the obligation remains in effect.
Sponsor Responsibilities
As a sponsor, you agree to:
- Financially support the immigrant if needed.
- Reimburse the U.S. government for any means-tested public benefits (e.g., food stamps, Medicaid) the immigrant receives.
This obligation also applies to co-sponsors and household members whose income or assets were included in the affidavit.
What Are “Means-Tested Public Benefits”?
To avoid liability, it’s important to understand what qualifies as means-tested public benefits. Examples include:
- Federal benefits: Medicaid, Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF).
- State benefits: Each state may have its own rules. Be sure to research the specific benefits in your state.
The I-864 Affidavit of Support is more than just a form—it’s a commitment to support an immigrant’s journey to the United States. By understanding your obligations and preparing the required documentation, you can play a key role in helping a family member or employee start a new chapter in their life. If you require assistance, schedule a consultation with one of our experienced immigration lawyers.
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We Can Help!
You may have questions regarding Form I-864 Affidavit of Support. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.