FORM I-864 AFFIDAVIT FOR SUPPORT APPLICATION SERVICE
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Affidavit of Support Application
Some immigrants intend to migrate to the United States but have few or no financial resources to draw from to support themselves. Form I-864 is a legally enforceable contract that makes someone in the United States a sponsor for an immigrant and responsible for supporting them.
The sponsorship typically lasts from the time that the immigrant becomes a permanent resident until they have 40 quarters, or 10 years, of work on record, or until they become a U.S. citizen. But current U.S. citizens and green card holders will require different documents to apply.
USCIS Form I-864 on a clipboard. This is the Affidavit of Support application form needed to sponsor an immigrant for U.S. citizenship.
Who Needs an I-864 Affidavit of Support?
The person who needs an affidavit of support may be a family member of a U.S. citizen or permanent resident (green card holder) who needs to show that they have sufficient financial support to live in the United States. Immigrants may be denied a green card if the USCIS thinks that they may become a public responsibility after they move to the United States.
Sometimes, the person who fills out the affidavit of support is the sponsoring family member or other immediate relative with the financial means to support their relative’s immigration. Each situation will be different, but what remains constant is the I-864 is legally binding.
Who Needs to File Form I-864, Affidavit of Support?
Anyone can file an affidavit of support for an immigrant so long as the sponsor meets the following requirements:
- Is at least 18 years old
- Is a lawful permanent resident (LPR) or a U.S. citizen
- Can prove the United States is their country of domicile
- Earns an income at least 125% above the federal poverty line
If the sponsor does not earn the necessary income, they may still be able to sponsor the intended immigrant. An immigration attorney can discuss potential exceptions to this rule that are available.
What Documents Are Needed to File Form I-864?
U.S. citizens, nationals, and LPRs may file Form I-864 with the National Visa Center (NVC). Depending on your legal status, you will need to submit different documents with the form.
For U.S. citizens or nationals, the following documents are needed to file Form I-864:
- A copy of your birth certificate
- Certificate of naturalization or citizenship
- Passport
For permanent residents, the following documents are needed to file Form I-864:
- Permanent Resident Card
- A copy of both sides of your Form I-551
How Much Does the Affidavit of Support Cost?
The USCIS does not charge a fee for the I-864 affidavit of support if it’s filed along with another application with the USCIS or abroad with the Department of State. However, the Department of State may charge a $120 fee per case to review affidavits of support filed within the United States.
How Long Does It Take to Process Form I-864?
It typically takes about 6 weeks to process Form I-864 once it’s been submitted to the NVC. Applicants must submit all documents to the NVC at once and pay them a processing fee of $120 to the NVC. If the applicant fails to pay this fee or if a document is missing, their case will not move forward.
What Happens After Form I-864 Is Approved?
Once Form I-864 is approved, it remains in force indefinitely and doesn’t expire. However, you will be required to submit new documents in support of the I-864 once they get older than 12 months. Typically, these documents consist of an updated 1040 along with a letter of employment to verify that your income remains above the minimum threshold.
What Are a Sponsor’s Obligations After Filing an Affidavit of Support?
It’s crucial that you trust the immigrant you intend to sponsor, as you will be legally obligated to support them should they no longer be able (or willing) to support themselves. Should they lose their job or simply decide to stop working, they may decide to sue you for compensation, and you will be obligated to pay them income up to the 125% of the poverty level.
You may also need to reimburse the government for any benefits the immigrant draws from the state.
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