Form I-864 Affidavit of Support, is a critical document in many immigration cases. It demonstrates that the immigrant has adequate financial support and won’t become a public charge. Understanding this form is essential for both sponsors and immigrants navigating the complex U.S. immigration system.
Form I-864 in the Immigration Process
Form I-864 plays a crucial role in many family-based and employment-based immigration applications. It’s a legally binding contract between the sponsor and the U.S. government, ensuring that the immigrant will have sufficient financial support upon entering the United States.
What is Form I-864?
Form I-864, officially titled “Affidavit of Support Under Section 213A of the INA,” is a document required by the United States Citizenship and Immigration Services (USCIS) for certain immigration applications.
Purpose and Significance in Immigration Applications
The primary purposes of Form I-864 are:
- To prove that the immigrant has adequate financial support
- To ensure the immigrant won’t become a public charge
- To create a legally binding obligation for the sponsor
For more details, visit the USCIS I-864 page.
Who Needs to File Form I-864
Form I-864 is typically required for:
- Family-based immigrants
- Some employment-based immigrants
- Diversity visa lottery winners
Exceptions and alternative forms exist for certain situations, as outlined in the USCIS Policy Manual.
Key Components of Form I-864
- Sponsor Information
- Personal details
- Employment and income information
- Immigrant Information
- Biographical data
- Immigration status
- Household Size Calculation
- Sponsor’s dependents
- Other sponsored immigrants
- Income Requirements
- Based on Federal Poverty Guidelines
- Proof of income
- Assets (if applicable)
- Used when income doesn’t meet requirements
Step-by-Step Guide to Filling Out Form I-864
- Part 1: Basis for Filing
- Select the appropriate category
- Part 2: Information on the Principal Immigrant
- Provide details about the immigrant
- Part 3: Information on the Immigrant(s) You Are Sponsoring
- List accompanying family members
- Part 4: Information on the Sponsor
- Your personal and contact information
- Part 5: Sponsor’s Household Size
- Calculate according to instructions
- Part 6: Sponsor’s Employment and Income
- Provide detailed income information
- Part 7: Use of Assets to Supplement Income
- If needed to meet requirements
- Part 8-10: Sponsor’s Contract, Statement, Contact Information, and Signature
- Read carefully before signing
For detailed instructions, refer to the USCIS Form I-864 Instructions.
Common Mistakes to Avoid:
- Incorrect household size calculation
- Underreporting income
- Failing to provide required supporting documents
- Not signing or dating the form
Income Requirements for Form I-864
Understanding the Federal Poverty Guidelines
The sponsor must demonstrate income at or above 125% of the Federal Poverty Guidelines for their household size. These guidelines are updated annually by the Department of Health and Human Services.
Check the current Poverty Guidelines on the official HHS website.
Calculating Required Income Based on Household Size
Use this formula:
- Determine your household size
- Find the corresponding poverty guideline
- Multiply by 125%
Using Assets to Meet Requirements
If income is insufficient, you may use assets to meet the requirement. Generally, the total value of assets must equal at least 5 times the difference between your income and the required amount.
Sponsor Responsibilities
Legal Obligations of Signing Form I-864
By signing Form I-864, the sponsor agrees to:
- Provide financial support to the immigrant
- Repay certain government agencies if the immigrant receives means-tested public benefits
Duration of Responsibility
The obligation continues until the sponsored immigrant:
- Becomes a U.S. citizen
- Has worked 40 quarters (about 10 years) in the U.S.
- Leaves the U.S. permanently
- Dies
Learn more about sponsor responsibilities from the USCIS Policy Manual.
Special Situations
Joint Sponsors
If the primary sponsor doesn’t meet the income requirements, a joint sponsor can file an additional Form I-864.
Substitute Sponsors
In case of the death of the original sponsor, a substitute sponsor may be allowed under certain circumstances.
Using Form I-864EZ
Some sponsors may be eligible to use the simplified Form I-864EZ. Check the USCIS I-864EZ page for eligibility criteria.
Supporting Documents Needed
- Tax returns (last 3 years)
- W-2 forms or 1099 forms
- Employment verification letter
- Bank statements
- Asset documentation (if applicable)
Form I-864 and Taxes: What Immigrants and Sponsors Need to Know
Tax Implications for Sponsors
- Potential liability for sponsored immigrant’s means-tested benefits
- No tax deductions for support provided
Tax Considerations for Immigrants
- Obligation to file U.S. tax returns once a resident
- Potential tax credits and benefits
For more information on taxes for immigrants, visit the IRS page for Foreign Nationals.
How Pupilo Tax Can Help
At Pupilo Tax, we specialize in navigating the complex intersection of immigration and taxation:
- Expert assistance with Form I-864 preparation
- Tax planning strategies for sponsors and immigrants
- Ensuring compliance with USCIS and IRS requirements
- Ongoing support throughout the immigration process
“Our team at Pupilo Tax understands the intricacies of Form I-864 and its tax implications. We’re here to guide you through every step of the process.” – John Smith, CPA, Pupilo Tax Immigration Specialist
Schedule a consultation with Pupilo Tax for expert assistance with Form I-864 and related tax matters
FAQs About Form I-864
- Q: Can I use my assets instead of income to meet the requirements? A: Yes, but the total value of assets typically needs to be 5 times the shortfall in income.
- Q: How long am I responsible for the immigrant I sponsor? A: Generally until the immigrant becomes a U.S. citizen, works for 40 quarters, leaves the U.S. permanently, or dies.
- Q: What happens if I can’t meet the income requirements? A: You may use a joint sponsor or use assets to supplement your income.
- Q: Can I withdraw my sponsorship after submitting Form I-864? A: Once USCIS approves the immigrant’s adjustment of status, the sponsor’s obligations are legally binding and difficult to withdraw.
- Q: Does receiving public benefits affect my ability to be a sponsor? A: It may, depending on the type of benefits. Consult with an immigration attorney for your specific situation.
Recent Updates and Changes to Form I-864 (as of 2024)
Increase in Transaction Fees
Starting October 1, 2024, USCIS will roll out the second phase of a transaction fee increase for SAVE verification cases. This adjustment aims to cover program costs.
Changes to Affidavit of Support Procedures
Certain procedures for the Affidavit of Support have been updated. These changes are now reflected on the Department of Homeland Security’s website.
About Form I-864 (Affidavit of Support)
Form I-864, or the Affidavit of Support is required to demonstrate that an immigrant meets the financial support requirements. The sponsor must be a U.S. citizen or a green card holder, at least 18 years old, residing in the U.S., and their annual income must be at least 125% of the Federal Poverty Guidelines
Navigating Form I-864 Successfully
Form I-864 is a critical component of many immigration applications, carrying significant legal and financial implications. Understanding its requirements and responsibilities is essential for both sponsors and immigrants.
While this guide provides comprehensive information, immigration law is complex and subject to change. It’s always advisable to consult with immigration attorneys and tax professionals for personalized advice.
Pupilo Tax is here to assist you with the financial and tax aspects of your immigration journey. Our expertise can help ensure your Form I-864 is accurately prepared and compliant with all requirements, setting you on the path to successful immigration.
Disclaimer: This article provides general information and should not be construed as legal or tax advice. Always consult with qualified professionals for advice specific to your situation.