When you’re applying for a family-based green card in the United States, you’ll need to complete Form I-864, also called the Affidavit of Support. This form is a promise from you, as the U.S. citizen or green card holder sponsoring your family member, to the government that the person you’re helping won’t need financial assistance and won’t become a public charge. In this Form I-864 Sponsor guide, we’ll answer common questions about the form and provide helpful tips.
Understanding Form I-864 and Green Card Sponsorship
Form I-864, also known as the Affidavit of Support, is a crucial document in the green card sponsorship process. It is used to demonstrate that the sponsor can financially support the immigrant seeking a green card, ensuring that they do not become a public charge.
Key Responsibilities of the Sponsor
- Financial Support: The sponsor must prove they have sufficient income or assets to support the immigrant. Typically, this means having an income of at least 125% of the Federal Poverty Guidelines for their household size. For example, in 2024, a sponsor for a household of two must have an annual income of at least $25,550 in the contiguous United States.
- Legal Obligations: The sponsor is legally bound to provide financial support for the immigrant until they become a U.S. citizen or can be credited with 40 quarters of work (approximately 10 years). This includes covering basic living expenses such as housing, food, and healthcare.
- Notification of Changes: If there are significant changes in the sponsor’s financial situation or household composition, they must notify the United States Citizenship and Immigration Services (USCIS).
Types of Green Card Sponsorship
Green card sponsorship can occur through various avenues:
- Family-Based Sponsorship: This is the most common form where U.S. citizens or permanent residents can sponsor relatives such as spouses, children, parents, or siblings.
- Employer-Based Sponsorship: An employer can sponsor an employee for a green card if they can prove that no qualified U.S. worker is available for the position. This often requires filing additional forms like the Labor Certification.
- Self-Sponsorship: Certain categories allow individuals to sponsor themselves based on extraordinary abilities or significant investments in U.S. businesses (e.g., EB-1A and EB-5 categories) without needing an employer.
Can I Use Money from Overseas or Unemployment Checks to Meet the Income?
It’s pretty normal to find yourself almost meeting the income requirement outlined in the Poverty Guidelines. In these cases, the U.S. Citizenship and Immigration Services (USCIS) might ask for more info, which could slow things down. To avoid this, think about including extra documents to support your case.
Some papers you might want to include are:
- A recent letter from your boss that shows your yearly pay and how to contact them.
- Pay stubs from the last six months to prove your income.
- Proof of any other money you get, like alimony, child support, or dividends.
- Write a letter explaining your money situation, stressing why your income fits the Poverty Guidelines. If you need help, talking to an immigration lawyer can be useful.
Can I Use My Foreign Spouse’s Property to Meet the I-864 Requirement?
If your partner who’s moving to the U.S. owns property in another country, you can use it to meet the minimum support needed according to the Poverty Guidelines. But you have to meet certain conditions and gather the right papers to back up your claim.
Start by proving you own the property with documents like the title deed. It helps if the property doesn’t have a mortgage, so show proof of this with statements from the lender or letters saying the loan’s paid off.
Also, make sure you can sell the property within a year without losing money. Get an expert like an appraiser or a real estate agent to confirm the property’s value.
Keep in mind that some consulates might have their own rules about using property to meet the support requirement. Ask a lawyer or the consulate where the visa interview will be held for more info.
Can I Use Unemployment Checks to Meet the I-864 Requirement?
Good news! You can count unemployment benefits as income for Form I-864, unlike some other types of financial help. These benefits are like insurance payments based on money your employer paid into the unemployment system.
But think about how long you can get these benefits since USCIS might check this when looking at whether you can keep up the required income over time.
Also, if you get other benefits that the IRS calls “taxable income,” like retirement benefits or worker’s comp, you can include them too. These can help meet the 125% of Poverty Guidelines needed to sponsor someone financially.
Can I Use My Real Estate to Meet the I-864 Requirement?
If you’re a U.S. citizen trying to sponsor family members like your parents for green cards, owning property can be a big help to cover income gaps and meet the Poverty Guidelines. When you’re sponsoring family members who aren’t your spouse or child, you can count assets at one-fifth of their value after taking away any debts. That means you need assets worth five times the gap between your earnings and the minimum Poverty Guidelines.
To figure out how much your property is worth:
- Get an expert like a real estate agent or an appraiser to say how much your property is worth.
- Show you own the property with documents like the title deed and the latest statement from the lender saying how much you still owe.
- Prove you can sell the property within a year unless there are special circumstances.
- Remember, your parents’ assets can help too, but if they won’t be working and have health problems, be ready to show more family resources.
Can I Use Regular Cash Gifts from My Parents to Meet the I-864 Requirement?
If you’re a student or don’t have a steady income, meeting the money requirement for Form I-864 can be hard. Unfortunately, you can’t count regular cash gifts as income on this form. But you have another option.
If your parents can give you a big lump of cash, and you put it in your bank account, you can count it as an asset. If you’re sponsoring a spouse or child, you count assets at one-third of their value for income calculations. For other family members, you divide assets by five.
This can help fill the money gap, but make sure the gift is big enough to meet the Poverty Guidelines. Talk to an immigration lawyer for personalized advice on how to plan your money and time for a smoother immigration process.
Understanding Form I-864, Affidavit of Support, is important for anyone trying to bring family members to the U.S. By knowing how to use your income, assets, and other resources, you can make sure your immigration journey goes well for you and your family. If you run into tough situations or need expert help, talk to an immigration lawyer. Remember, being well-prepared can make a big difference in reaching your immigration goals.
Use these tips for your immigration journey, and you’ll be ready to handle Form I-864 and make a brighter future in the U.S.
Termination of Sponsorship
Sponsorship agreements can be terminated if either party fails to meet specific conditions outlined in their agreement. For instance, if the sponsored individual does not comply with residency requirements or if the sponsor fails to provide necessary financial support, either party may seek to terminate the agreement.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an IR-1/CR-1 Visa or an F2A Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the US. Call us today at +234 812 5505 986 to learn how we can assist you.
