Affidavit of Support I-864

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Affidavit of Support I-864

There are situations when USCIS or NVC returns or rejects your affidavit of support (form I-864). This happens when they find discrepancy between the sponsor's current income and the income indicated on the sponsor's last filed federal income tax return or details wrongly filled. This creates unnecessary hassles and delay in your case. Thus, it is important that you hire an attorney to get it filed on your behalf.

Filling with attorney is safe and secure. It avoids delay and costly errors. An attorney can spot any potential legal problems. Our team of immigration attorneys is very helpful and friendly. We focus on guiding each client towards their goals as easily as possible. Our team fills thousands of USCIS forms, we have the expertise and know-how to bring cases to successful conclusions.We give great value to efficiency.

Filling an Affidavit of Support (Form I-864)

Filling an Affidavit of Support (Form I-864) by a Sponsor is one of the most important document for obtaining a Lawful Permanent Residency through a family based petition (Spouse, Parent, Child or Sibling).Petitioner has to sign Affidavit of support to acknowledge financially related responsible regarding someone else, usually a relative, who is coming to the United States permanently. The individual who signs the Affidavit of Support becomes the Sponsor of the relative (or other individuals) who is coming to live and work in the United States. The sponsor is generally a petitioner of an immigration petition for a family member or Immediate Relative.

If sponsor does not meet the minimum annual income requirement alone, in that case sponsor can also include income from other adult household members, including your siblings, parents, and children. However, submission of an Affidavit of Support by the original Green Card Petitioner is required, even if the Petitioner cannot financially support the immigrant.

The main motive of the affidavit of support is to serve as a legal contract between the Petitioner/Sponsor of the Green Card and the US Government to ensure that the Intending Immigrant will have the adequate means of financial support and is unlikely to become a public charge after entering the United States.

Commonly Asked Affidavit of Support Related Questions

  • What is Affidavit of Support (AOS) I-864 and where it is required?

  • When to submit I-864 Affidavit of Support?

  • What all supporting documents are required to send with I-864 AOS?

  • What happens if someone filled I-864 AOS wrong?

  • Does minor mistakes on Form I-864 Affidavit of Support cause delays and rejections?

  • What to do if your income is too low to be an I-864 sponsor?

  • When does a sponsor’s obligations under Form I-864 ends?

Filling an Affidavit of Support

The accompanying individuals are required by law to present a Form I-864, Affidavit of Support signed by the petitioner to get an immigrant visa or Adjustment of status:

  • Every immediate relative of U.S. Citizen (which incorporate, spouse, parents and unmarried children younger than 21, including Orphans) and relatives who meet all requirements for immigration to the United States under one of the family-based preferences:

  • First Preference F1: Unmarried Adult Daughter or Son of U.S.Citizen (Adult means 21 years or 21+ age )

  • Second Preference F2: Spouses of Permanent andthe Unmarried Daughter or Son of U.S.Citizen(A cult means 21 years or 21+ age ) of lasting inhabitants and their unmarried youngsters

  • Third Preference F3: Married Daughter or Son of U.S.Citizen, their spouse and their unmarried children(age below21 )

  • Fourth Preference F4: Brothers and Sisters of Adult U.S.Citizen, and their spouse and their unmarried children(age below21 )

  • Employment-based preference immigrants in cases just when a U.S.Citizen or Green Cardholder or Permanent Resident filed an immigration visa petition of or such relative has a noteworthy possession intrigue (at least 5%) in the substance that file the petition

Note: An individual listed above does not have to file an affidavit of support in the event that they can demonstrate that they either:

  • As of now worked 40 qualifying quarters as characterized in Title II of the Social Security Act

  • Can be credited with 40 qualifying quarters as characterized in Title II of the Social Security Act

  • Are the Child of a U.S.Citizen and whenever conceded for Permanent Resident on or after February 27, 2001, would consequently obtain citizenship under Section 320 of the Immigration and Nationality Act, as changed by the Child Citizenship Act of 2000

Affidavit of Support For Child As "K" Non-Immigrant Or Fiancé, Spouse

If your relative is either a K-1 fiancé(e), a K-3 mate, or a K-2 or K-4 offspring of the fiancé(e) or mate, you don't have to present testimony of help at the time you record your Form I-129F request. Rather, you ought to present a sworn statement of help at the time that your fiancé(e), life partner, or youngster changes status to perpetual inhabitant in the wake of going to the United States.

Sponsor Eligibility for Affidavit of Support

  • If you have filed an immigrant visa petition for your relative then you must be the U.S. citizen or a permanent resident and 18 years of age and above.

  • You must have a domicile in the United States or a territory or possession of the United States.

  • You are qualified to be a sponsor If you have your domicile in the U.S and living in abroad on a temporary basis.

Section 213A of the INA grants both joint support and a substitute sponsor in specific cases.

Joint Sponsor

The joint support is somebody who will acknowledge lawful obligation regarding supporting your relative with you. Joint support must meet all indistinguishable necessities from you, with the exception of the joint support that does not be related to the immigrant. The joint support (or the joint support and his or her family household) must achieve the 125% income prerequisite alone. You can't consolidate your income with that of joint support to meet the income necessity

Substitute Sponsor

In the event that the visa petitioner has passed away after approval of the visa petition, however, U.S. Citizenship and Immigration Services (USCIS) will give you a chance to proceed with, a substitute sponsor must file a Form I-864 in place of the deceased visa order to be a Substitute Sponsor you must be related to intending immigrant in one of the following options:

Daughter Son-in-law
Sister-in-law Grandparent
Grandchild Son
Daughter-in-law Brother-in-law
Spouse Parent
Mother-in-law Father-in-law
Child (if at least 18 years of age) 18 years old Living (domiciled) in the United States
You should be U.S.national or citizen or a permanent resident

Meet the majority of the financially related prerequisites of a Sponsor as per INA 213A

The substitute Sponsor accepts the majority of the commitments of I-864 support.

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How to File an Affidavit of Support

You, the sponsor, should finish Form I-864 when your relative has been planned for an immigration visa interview with a consular officer abroad or when your relative is going to present an application for adjustment to permanent resident status with the USCIS or with an Immigration Court in the United States. On the off chance that you have a joint sponsor, they should complete Form I-864. If you are utilising income of other household members to qualify at that point, every household member who is accepting responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member.

You are required to give your U.S. federal income tax return for the most recent tax year as well as additional evidence of current job. If you were not required to file a TAX Return in any of these years you should give a clarification. Inability to give the tax return or proof building up that you were not required to file. Ifthe information isn't given, then it will result wilfully ignorant of an immigrant visa or adjustment of status.

When you have finished the affidavit of support, incorporated the fundamental documentation, and had the affidavit notarized in the U.S or before a U.S. consular or immigration officer, you ought to give this packet of information to you in respect to submit with his or her application for permanent resident status. In the event that you are given particular guidelines to file your affidavit of support straightforwardly with the National Visa Centre, you must follow these instructions:

Income Requirements

You additionally should meet certain Income prerequisites (regardless of whether you are a sponsor, a joint sponsor, or a substitute sponsor). You should show that your family income is equivalent to or higher than 125% of the U.S. poverty level for your household size. (Your family household incorporates you, your dependents, any relatives living with you, and the immigrants you have sponsored).

To check whether you are over the poverty level, see Form I-864P, HHS Poverty Instructions for Affidavit of Support or contact us.

In case, you can't meet the basic minimum requirements utilising your earned income, you have different alternatives:

You may include cash estimation of your assets. This incorporates money in savings accounts, stocks, securities, and property. To decide the number of advantages required to qualify, subtract your family salary from the base pay necessity (125% of the poverty level for your family size). You should demonstrate the cash estimation of your assets is worth five times this distinction (the sum left finished).

Special Cases:

If the individual being sponsored is a spouse or son/daughter (who is 18 years or older) of a U.S. citizen: The basic income estimation value must be three times the difference between the sponsor’s household income and 125% of the federal poverty rule for the family.

If the individual being sponsored is an orphan coming to the United States for adoption:The new adoptive parent's assets need to parallel or surpass the distinction between the household income and 125% of the federal poverty line for the household size.

You may check income and assets of members of your household who are identified with you by birth, marriage, or adoption. To use their income, they should not be listed as dependents on your latest federal tax return form or they probably lived with you throughout the previous a half year. They should complete a Form I-864A, Contract Between Sponsor and Household Member. In the event that the relative you are sponsoring meets these criteria you may incorporate the estimation of their income and assets however the immigrants do not have to finish Form I-864A except if he or she was going with family members.

You may take the advantages of the relatives you are sponsoring.

Duties as a Sponsor

When you sign the affidavit of support, you acknowledge lawful obligation regarding financially supporting the supported immigrant for the most part until the point that they move toward becoming U.S. residents or can be credited with 40 quarters of work. Your commitment likewise closes if you or the individual sponsored dies or if the individual sponsored ceases to be a permanent resident and departs the United States.

Note: Divorce does NOT End the Sponsorship Commitment.

In the event that the individual you sponsored gets any means-tested public benefits, you are in charge of paying the expense of those advantages to the agency that gave them. If you don't repay the obligation, the office can sue you in court to get the cash owed. Any joint sponsor or household whose income is used to meet the base wage prerequisites are likewise legitimately in charge of financially supporting the supported immigrant.

Change of Address

If you have changed your address after you turn into a sponsor, you are required by law to tell the USCIS inside 30 days by filing Form I-865, Sponsor's Notice of Change of Address. If you neglect to tell the USCIS about your change of address, you might be fined.