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I-864

The I-864 Affidavit of Support is a critical component in the U.S. immigration process, serving as a legally binding contract between a sponsor and the U.S. government. Its primary purpose is to demonstrate that an intending immigrant has adequate financial backing and is unlikely to become a public charge upon entering the United States.

Who Needs to File Form I-864?

Form I-864 is typically required for most family-based immigrants and certain employment-based immigrants where a U.S. citizen or lawful permanent resident relative has a significant ownership interest in the petitioning entity. The sponsor, usually the petitioner, must meet specific income requirements to qualify.

Income Requirements and Poverty Guidelines:

Sponsors are required to have an income that is at least 125% of the Federal Poverty Guidelines for their household size. If a sponsor’s income is insufficient, they may enlist a joint sponsor who meets the necessary income criteria.

Legal Obligations and Duration of Responsibility:

By signing Form I-864, the sponsor agrees to provide financial support to the immigrant, ensuring they maintain an income at or above 125% of the Federal Poverty Guidelines. This obligation persists until the immigrant becomes a U.S. citizen, accumulates 40 qualifying quarters of work (approximately 10 years), departs the U.S. permanently, or passes away. It’s important to note that divorce does not terminate the sponsor’s financial responsibilities.

Consequences of Non-Compliance:

Should the sponsored immigrant receive means-tested public benefits, the sponsoring individual may be held financially accountable for reimbursing the cost of those benefits to the government agency that provided them.