When you’re working on getting a family-based green card in the United States, you’ll need to fill out Form I-864, also known as the Affidavit of Support, it is a promise between you as the U.S. citizen or green card holder sponsoring your family members and the American government to show that the family member you’re helping won’t need financial help and won’t become a public charge.
In this guide, we will look at common questions about it and give you helpful tips.
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.
