Starting on may 16, 2018, we will only accept the 030618 edition of the i 864 affidavit of support. Form i4 is for individuals seeking to sponsor an immigrant applying for a u. Dec 28, 2015 the form i864, affidavit of support is an immigration form submitted by the u. Form i864 uscis file affidavit of support road to status. Form i864 affidavit of support san diego visa lawyers. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. See who is exempt from submitting form i864 affidavit of support. Form i4 is used by nonimmigrants temporary residents of the u. Form i864, affidavit of support under section 2a of the ina. Nov 10, 2011 select the correct form you need to file, for your family member to get a green card, here. All income earned is from wages, salary or retirement and is documented on. A form i864 affidavit of support is a legally enforceable contract stating that you will provide adequate support to the immigrant if need be.
The form i864 is legally required for many familybased and some employment based immigrants to show they will have adequate means of support after immigration to the u. The risk im talking about is the new immigrant getting public assistance. To qualify as a sponsor, you must demonstrate that you have form i864ez instructions rev. This form will be used by the department of homeland security, specifically the united states citizenship and immigration services department.
I864, affidavit of support under section 2a of the act. This form is used to show the department that you have sponsorship for a united states visa. The person completing an i864 affidavit of support is the sponsor. This form is legally required for many familybased and some employmentbased immigrants to show they will have adequate means of support after immigration to the united states. The i864, affidavit of support is a required piece of paperwork in all familybased immigration cases, including those based on marriage. Citizenship and immigration services website clearly state that the wife, as a sponsor, has to prove that she enough income to maintain her husband the intending immigrant and the rest of her household, at 125% of the federal poverty guidelines, and that signing the form obligates her to.
Complete affidavit of support i 864 in a few easy steps. Signing an affidavit of support, immigration, form i864. Affidavit of support form i864,who is the principal. For persons filing irs form 1040 ez, the line for adjusted gross income will be considered. May 07, 2019 even many immigration lawyers consider form i864, affidavit of support, to be one of the most confusing immigration forms. Starting 05162018, we will only accept the 030618 edition. Home forms forms updates form i 864, affidavit of support under section 2a of the ina. Applicants for familybased immigrant visas, including certain orphans. This form shows that individuals applying for a visa have an adequate amount of sponsorship and will refrain from. Affidavit of support form i 4 affidavit of support form i 864. Technically, the sponsor of the nonimmigrant or immigrant is the person who fills out the affidavit of support.
Form i 864 is used by immigrants permanent residents or green card holders in the u. The form is required to ensure the immigrant does not become a public charge. I864, affidavit of support under section 2a of the act form i864 instructions rev. To be completed by an attorney or accredited representative if any. Form i 864, affidavit of support under section 2a of the ina, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. This form shows that individuals applying for a visa have an adequate amount of sponsorship and will refrain from becoming public charges if approved to reside in the u. Affidavit of support sample for form i864 citizenpath. The sponsor has to file form i864, affidavit of support under section 2 of the act, to make the contract legally binding. Sep 10, 2019 affidavit of support sample cases example 1. The ranchod law group, we assist our clients in preparing and filing form i864, affidavit of support, on their behalf or on behalf of their family member. Instructions for filing affidavit of support i 864 affidavit of support i 864, i 864w, i 864ez, i 864a an affidavit of support is required to be submitted by sponsors on behalf of most familybased and some employment based immigrants, to prove you have enough income or assets to support the intending immigrants in the united states. Citizenship and immigration services uscis form i864 omb no.
The form i 864 is legally required for many familybased and some employment based immigrants to show they will have adequate means of support after immigration to the u. To qualify as an i864 sponsor for an immigrant applicant, a sponsor must document sufficient income from other nonmeanstested benefits. S citizen and my i petition for my wife who resides abroad is at nvc. Give the completed form and supporting documents to the immigrant you are sponsoring to file with their form of 230 or form i 485. This form is submitted simultaneously with the the affidavit of support form i864 when the sponsor can meet the income requirement and want to use the income of a. Duration of form i864 affidavit of support sponsors obligation. A sponsors obligation continues until the sponsored immigrant. Complete affidavit of support i864 in a few easy steps. This contract effective until the immigrant has acquired 40 quarters of work in the u. To show that the applying immigrant has enough financial support to live without concern of becoming reliant on u. Form i864, affidavit of support under section 2a of the.
The first part of the affidavit of support asks for basic information on the petitioner and beneficiary. Form i864, affidavit of support under section 2a of the act form i864 is required for most familybased immigrants and some employmentbased immigrant applications to show that the applicant has adequate means of financial support and will not likely rely on the u. Sample i864 form affidavit of support under section 2a. All immigrant visa applicants in the categories below must present a contractually binding affidavit of support form i 864, signed by the petitioner. The i864 requires that for purposes of this affidavit, the line for total income on irs forms 1040 and 1040a will be considered when determining income. Form i864 is used by immigrants permanent residents or green card holders in the u. For more information about form i864, affidavit of support under section 2a of the act, or to obtain related forms please contact. Even many immigration lawyers consider form i864, affidavit of support, to be one of the most confusing immigration forms. An affidavit of support is a contract between the sponsor, the government and the immigrant which assures the government that the sponsor has enough income so that the immigrant will not fall into poverty and become dependent on public assistance.
This promise is made by executing the form i864 affidavit of support. I864 affidavit of support form online immigration direct. Aug, 2015 when an individual signs a form i 864 affidavit of support they should bear in mind that this is a very serious matter with enforceable legal ramifications. Immigrant visas faqs affidavit of support form i864. Most green card holders have to wait 5 years before they are eligible to apply for cash assistance which is why the u. Instructions for affidavit of support under section 2a. Affidavit of support i864 is used to sponsor familybased immigrants and employmentbased immigrants. I864 affidavit of support frequently asked questions. I864, affidavit of support under section 2a of the ina.
If the petitioning sponsor does not meet the income requirements, a joint sponsor who can meet the requirements may submit a form i 864 to sponsor all or some of the family members of the intending immigrant. Affidavit of support form i 864 the green card sponsor has to sign this affidavit of support form i 864 and this is as a contract between the sponsor and the u. I864ez, affidavit of support instructions under section. The form i864, affidavit of support is an immigration form submitted by the u. S citizen friend needs to fill out part i and you i am assuming you. The paper originally appeared at 17 benders immigr. Affidavit of support form i4 affidavit of support form i864. Affidavit of support form i864 the green card sponsor has to sign this affidavit of support form i864 and this is as a contract between the sponsor and the u. Aug 17, 2017 this form is submitted simultaneously with the the affidavit of support form i 864 when the sponsor can meet the income requirement and want to use the income of a member of his household. If you are filling this out to obtain a spouse visa either cr1 or ir1 then youll likely select the first option of part 1. Determining whether you have enough ssa credits to qualify to use form i864w either the immigrant, his or her u.
Who needs an affidavit of support under section 2a. Before signing an affidavit of support, you should understand the legal implications of your action. This responsibility is undertaken by means of a contract between the sponsor and the government. Form i 4 is for individuals seeking to sponsor an immigrant applying for a u. The sponsor has to file form i 864, affidavit of support under section 2 of the act, to make the contract legally binding. This document is a binding contract where the petitioner promises to support the immigrant. Mailing address street number and name include apartment number this i864 is from. An affidavit of support, uscis form i864, is required for all immediate relatives of u. The former kind of documentation is referred to as application for immigrant visa and alien registration, and the latter is referred to as the application to register permanent residence or adjust status.
Form i864, affidavit of support under section 2a of the act, will generally be submitted either with form of230 or form i485. Preparing form i864w affidavit of support exemption form. Form i864 affidavit of support san diego visa lawyers law. An affidavit of support, uscis form i 864, is required for all immediate relatives of u. I864ez, affidavit of support under section 2a of the act. Suing on the i864 affidavit of support immigration. One reason that uscis requires form i864 for all green card applications is to reduce their risk. A form i4 is also known as an affidavit of support. Joseph petitioned his foreign spouse for permanent residence and is now preparing form i864 to sponsor her. I864ez, affidavit of support under section 2a of the. Affidavit of support form i4 form i864 immigration. I864ez, affidavit of support instructions under section 2a.
Pdf editor helps you edit your form fast and smart editing just like in microsoft word intelligent form recognition makes your pdf form fillable. To qualify as a sponsor, you must demonstrate that you have form i 864ez instructions rev. Instructions for filing affidavit of support i864 affidavit of support i864, i864w, i864ez, i864a an affidavit of support is required to be submitted by sponsors on behalf of most familybased and some employment based immigrants, to prove you have enough income or assets to support the intending immigrants in the united states. How to fill out form i864 affidavit of support part 1. By signing the contract, the sponsor accepts legal responsibility until the beneficiaries become a u. Suing on the i864 affidavit of support immigration support. A joint sponsor signs a separate i864 affidavit of support and thereby, makes a contract with the u. Filling out form i864, affidavit of support under section. Since i am a student and i dont meet the minimum income requirement for her support, i will have my brother as a joint sponsor to file the affidavit of support. Form i 864, affidavit of support under section 2a of the act form i 864 is required for most familybased immigrants and some employmentbased immigrant applications to show that the applicant has adequate means of financial support and will not likely rely on the u. Basis for filing affidavit of support am the sponsor submitting this affidavit of support because check only one box. Instructions for affidavit of support under section 2a of. Dec 22, 2019 form i 864, affidavit of support under section 2a of the act, will generally be submitted either with form of 230 or form i 485.
In other words, the joint sponsor is someone who is willing to accept legal responsibility for supporting your family members with you. This affidavit is a binding contract between the petitioner and the u. Generally, the following intending immigrants need an affidavit of support. I filed or am filing for the immigration of my relative. Department of justice immigration and naturalization service omb no. Form i 4 is used by nonimmigrants temporary residents of the u.
The original sponsor still needs to fill form i 864. Published in 2012, this was the first article to comprehensively analyze all available u. How to withdraw i864 affidavit of support and avoid being. This form is required for most familybased immigrants and some employmentbased immigrants to show that they have adequate means of financial support and are not likely to become a public charge. The form i864, affidavit of support almost all immigrants who are applying to obtain a green card through a family member must submit an affidavit of support. For government use only i864ez, affidavit of support under section 2a of the act the answer must be yes to all of the following statements to qualify to use form i864ez. The following applicants are not required to submit an affidavit of support. It ensures that the visa applicant has adequate means of financial support and is unlikely to become a public charge to the u. To qualify for filling out this much simpler version one must determine if they meet the following requirements. Uscis i864 and i864a affidavit of support forms updated. Give the completed form and supporting documents to the immigrant you are sponsoring to file with their form of230 or form i485. Signing an affidavit of support, immigration, form i864, co. Its a little like combining the financials of a tax return with the complexity of an immigration form. Sample i864 form affidavit of support under section.
When a married couple separates, spousal maintenance or. The sponsor must be sure they truly trust the motives of the alien they wish to sponsors. How to withdraw i864 affidavit of support and avoid being sued. I 864, affidavit of support under section 2a of the act form i 864 instructions rev. Joseph petitioned his foreign spouse for permanent residence and is now preparing form i 864 to sponsor her.