Download USCIS I-864 Template

Download USCIS I-864 Template

The USCIS I-864 form, also known as the Affidavit of Support, is a legal document required by the U.S. government to ensure that immigrants have adequate financial support. This form is typically submitted by a sponsor who agrees to support the immigrant financially, preventing them from relying on government assistance. Understanding the requirements and process for completing the I-864 is crucial for both sponsors and applicants.

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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 individuals seeking to bring family members to the United States. This form is designed to demonstrate that the sponsor has adequate financial resources to support the immigrant, ensuring that they will not rely on government assistance. It requires the sponsor to provide detailed information about their income, assets, and household size, as well as to sign a legally binding agreement to support the immigrant financially. Additionally, the I-864 form may require the inclusion of the sponsor's tax returns and proof of employment, creating a comprehensive picture of their financial stability. Understanding the nuances of this form is essential for both sponsors and immigrants, as it can significantly impact the outcome of the immigration application. By fulfilling the requirements of the I-864, sponsors can help their loved ones navigate the complexities of the U.S. immigration system with greater confidence and security.

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Dos and Don'ts

When completing the USCIS I-864 form, attention to detail is crucial. Here are some guidelines to help you navigate the process effectively.

  • Do: Read the instructions carefully before starting.
  • Do: Provide accurate and truthful information.
  • Do: Include all required supporting documents.
  • Do: Sign and date the form where indicated.
  • Don't: Leave any sections blank; answer all questions.
  • Don't: Use correction fluid or tape on the form.
  • Don't: Submit the form without reviewing it for errors.

Documents used along the form

The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for individuals seeking to sponsor an immigrant. Alongside this form, several other documents are often required to ensure a complete application. Below is a list of these forms and documents, each serving a specific purpose in the immigration process.

  • I-130 Petition for Alien Relative: This form is filed by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with the immigrant. It is the first step in the family-based immigration process.
  • California Boat Bill of Sale: This document serves as proof of ownership transfer for a boat, detailing the buyer and seller's information along with the boat's specifications and sale price. For an easy-to-complete form, visit My PDF Forms.
  • I-485 Application to Register Permanent Residence or Adjust Status: This form allows individuals already in the U.S. to apply for permanent residency. It is often submitted concurrently with the I-864.
  • Employment Verification Letter: A letter from the sponsor's employer confirming their job title, salary, and employment status. This document helps demonstrate the sponsor's financial ability to support the immigrant.
  • Tax Returns: The sponsor must provide copies of their federal tax returns for the past three years. These documents help verify the sponsor's income and financial stability.
  • W-2 Forms: These forms summarize the sponsor's annual wages and tax withholdings. They are necessary to further validate the sponsor's income as reported on tax returns.
  • Proof of Citizenship or Legal Residency: This may include a birth certificate, passport, or green card. It confirms the sponsor's eligibility to file the I-864.
  • Joint Sponsor's Documents: If applicable, a joint sponsor must submit their own I-864, tax returns, and proof of income. This provides additional financial support for the immigrant.
  • Form I-864A: This form is used by household members who will contribute to the sponsor's income. It must be submitted if the sponsor's income alone does not meet the required thresholds.
  • Proof of Assets: Documentation such as bank statements or property deeds can be provided to demonstrate sufficient financial resources if the sponsor's income is not adequate.

These documents collectively support the I-864 form by providing evidence of the sponsor's ability to financially support the immigrant. Ensuring all required forms and documents are accurately completed and submitted can facilitate a smoother immigration process.

Misconceptions

The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process. However, several misconceptions can lead to confusion. Here are nine common misunderstandings about this important document:

  1. It is only required for family-based immigration.

    Many people believe that the I-864 is only necessary for family members. In reality, it is also required for certain employment-based immigration cases where the beneficiary is a relative of the employer.

  2. Any income can be used to meet the requirements.

    Not all sources of income are acceptable. Only income that is stable and verifiable can be counted, such as wages, salaries, and certain government benefits.

  3. Only the sponsor's income matters.

    While the sponsor's income is the primary focus, household members can also contribute their income to meet the financial requirements. This can include spouses or other relatives living in the same household.

  4. The I-864 guarantees that the immigrant will not become a public charge.

    The form is a promise of financial support, but it does not guarantee that the immigrant will never need public assistance. It is a commitment to support them financially if necessary.

  5. Filing the I-864 is a one-time obligation.

    Some people think that once the form is filed, the obligation ends. However, the sponsor remains responsible for supporting the immigrant until they become a U.S. citizen or can be credited with 40 quarters of work.

  6. There is no penalty for failing to provide support.

    In fact, sponsors may face legal consequences if they fail to uphold their financial obligations. This can include being sued for support or having their tax refunds garnished.

  7. All sponsors must meet the same income requirement.

    Income requirements can vary based on family size and location. The U.S. Department of Housing and Urban Development (HUD) provides guidelines that determine the necessary income level.

  8. Only U.S. citizens can be sponsors.

    While U.S. citizens are common sponsors, lawful permanent residents (green card holders) can also serve as sponsors for their relatives.

  9. Once the immigrant is approved, the sponsor's responsibilities are over.

    The sponsor's obligations continue even after the immigrant's application is approved. They must remain financially responsible until specific conditions are met.

Understanding these misconceptions can help individuals navigate the immigration process more effectively and ensure compliance with the requirements of the I-864 form.

Similar forms

The USCIS I-864 form, also known as the Affidavit of Support, is similar to the I-134 form. Both documents serve as declarations of financial support for individuals seeking immigration benefits. The I-134 is often used for non-immigrant visa applicants, while the I-864 is specifically for those applying for permanent residency. Both forms require the sponsor to demonstrate their financial ability to support the applicant, ensuring that the applicant will not become a public charge.

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Another document comparable to the I-864 is the I-130 form, which is the Petition for Alien Relative. While the I-130 establishes a qualifying relationship between a U.S. citizen or lawful permanent resident and the foreign national, the I-864 focuses on the financial commitment of the sponsor. Together, these forms create a pathway for family-based immigration, with the I-130 paving the way and the I-864 ensuring financial support during the process.

The I-751 form, Petition to Remove Conditions on Residence, also shares similarities with the I-864. When a conditional resident applies to remove their conditions, they must demonstrate that they still have a valid marriage and meet certain financial requirements. The I-864 may be included in this process to show that the couple has the necessary financial means to support themselves, reinforcing the importance of financial stability in maintaining residency status.

Additionally, the I-485 form, Application to Register Permanent Residence or Adjust Status, is relevant. This form allows individuals already in the U.S. to apply for a green card. The I-864 is often submitted alongside the I-485 to prove that the applicant has adequate financial backing. Both forms work together to ensure that the applicant meets the necessary criteria for permanent residency.

The N-400 form, Application for Naturalization, is another document that relates to the I-864. While the N-400 is used by lawful permanent residents seeking U.S. citizenship, it may require evidence of financial responsibility, especially if the applicant has received public benefits. The I-864 can serve as a reference point for the applicant’s financial history, demonstrating their ability to support themselves and comply with the obligations of citizenship.

Finally, the I-601 form, Application for Waiver of Grounds of Inadmissibility, also connects with the I-864. When an applicant faces inadmissibility issues, they may need to show that they have a sponsor who can provide financial support. The I-864 serves as proof of this commitment, helping to strengthen the waiver application by demonstrating that the applicant will not rely on public assistance.