Affidavit of Support Form I-864….The Basics

27 March 2018

The Affidavit of Support Form I-864 is needed in family-based immigration and some employment-based immigration cases. The sponsor shows they have adequate means and that the beneficiary will not become a financial burden on the U.S. government.

The form is similar to a contract between a sponsor and the U.S. Government. Therefore, the sponsor promises to provide the immigrant financial support if they cannot sustain themselves financially.

Eligibility for becoming a sponsor:

A sponsor files an Affidavit of Support Form I-864 on the behalf of the intending immigrant. To become a sponsor a person must fulfill these conditions:
• Be a U.S. citizen or lawful permanent resident with an age of 18 years or above
• Have an income 125% above the federal poverty line or can provide evidence of substantial assets
• Additionally, they must prove they reside in the USA

Immigrants sponsored under the Affidavit of Support Form I-864:

• All immediate relatives of U.S. citizens including: spouses, unmarried children below 21 years of age, parents of U.S. citizens aged 21 years or older
• All family-based preference immigrants like unmarried sons and daughters of U.S. citizens, unmarried sons and daughters and spouses of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens having an age of 21 years and older are eligible.
• Employment-based preference immigrants in situations only where a U.S. citizen, lawful permanent resident, or a U.S. national relative files the immigrant visa petition or the relative has an adequate ownership interest about 5 percent or more in the entity which has filed the petition.

Other Important Things to Know

Additionally, remember that if the sponsor fails to provide the agreed financial support, the immigrant can sue for this support.
Moreover, an Affidavit of Support can be terminated in situations.  For example, when the sponsored immigrant becoming a naturalized citizen or the death of the sponsor or sponsored immigrant besides others.

Finally, if you want more information contact one of our immigration lawyers at Perelmuter Law. Contact us by email at Lawyer@yplawgroup.com or by phone at 513-913-9545.