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I 864 Affidavit of Support – Who Must File?

I 864 The Affidavit of Support is an authenticated document that is declared and verified by the executor. Family-based immigrants and employment-based immigrants planning to move to the US require this form to declare sufficient means of support. In other words, it is a binding legal contract between the sponsor, the immigrant, and the federal and state governments.

Supporting Statement:

If you want to bring your relative to the US and support them financially, you become a sponsor of the relative. Form I 864 Affidavit of Support is completed by the petitioner or sponsor to accept responsibility for supporting you financially. The following potential visa applicants require the affidavit of support signed by the petitioner:

Most family-based immigrants
Some of the employment-based immigrants who are petitioned by a business or a relative, in which the relative has a greater ownership interest.

All immediate family members of US citizens and orphans require Form I 864 under one of the family-based preferences.

The sponsor completes Form I 864 Affidavit of Support. The sponsor must basically be at least 18 years of age, a US citizen or permanent resident, and specifically must have a domicile in the United States. Even if the sponsor or petitioner is temporarily residing abroad for family and employment reasons, they may be a sponsor subject to certain conditions: they intend to maintain US residency and have proof of continuing ties to the US. When the primary sponsor is unable to meet the income requirements, a joint sponsor may file Form I 864 Affidavit of Support for all family members if necessary.

If you are a US citizen, you can file Form I 864 for the following members:

spouse
unmarried children under and over 21 years of age
married children of any age
siblings and parents if you are at least 21 years old

If you are a legal permanent resident or green card holder, you can apply for your:

spouse
children (son or daughter) of any age

Other than the above, you must meet income requirements. Your income must not be less than 125 percent of the US poverty guideline for your household size, which includes your dependents, relatives, and the immigrant you are sponsoring. If you are a sponsor and are on active duty in the military, your income level can be 100 percent of the US poverty level. If you cannot meet the income requirements, you can add the value cash from your assets, such as bonds, property, savings, etc.

After collecting the necessary information, you can file Form I 864 Affidavit of Support with the required supporting documents. The sponsor must submit all three years’ federal income tax returns and proof of current employment as well. Once the application is complete, it must be signed and this packet of information is given to the family member to submit with their application for permanent residence. If you are directed to apply with the NVC, you may proceed. As the I 864 form appears to be complex, great care should be taken while filling out the form.

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