Form I 864 - Useful Guidelines| North Loop Official Blog
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19 Nov 2020

Form I 864 - Useful Guidelines

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Introduction -

Immigration Form I 864 is also known as the Affidavit of Support form and gets required by the law for the majority of family-based immigrants. However, filling this form can be a little confusing as it is complex and a tad bit challenging. Which is why in this article, we will not only help you understand the importance of the form but also provide useful guidelines on filling it out without any difficulty.

What Is Form I-864?

As we mentioned before, Form I 864 is also referred to as the Affidavit of Support form. But you still must be wondering what that term means and what is Form I 864? Well, form I-864 is essentially a legal contract between a sponsor or petitioner, a visa applicant and the US government. In simpler words, it is a back-up solution in case you face financial difficulty and gives you the option to receive financial support in times of need.

How to fill out form I 864?

If you have been thinking how to fill out form I 864, you should continue to read further.

Tips on how to fill the form -
Use capital letters when filling it.
Write down your name, US social security number and the right form number on the top right corner of the sheet.
Write your case number in the upper-right hand corner of every page.
Clarify the number of questions you are answering when providing additional information to more comprehensive questions.
Make two sets of copies of the filled-in form and other I 864 supporting documents.

Form I-864 Checklist for Petitioning Sponsor, Joint Sponsor, or Substitute Sponsor -

The I 864 checklist includes arranging a list of I 864 supporting documents that you may need to submit with the original form. Some of these are -

A barcoded NVC document cover sheet
A cover letter indicating the number of documents included in the package
Federal income tax documents
Evidence of income that also covers the affidavit of support income requirements 2020
Evidence of assets

Note: If the affidavit of support features more than one immigrant, you should submit photocopies of the original affidavit of support. However, you do not need to provide copies of supporting documents with them.

Affidavit of support income requirements 2020 -

If you rely on the income of household members for the qualification of your affidavit of support application, you have to submit an additional form known as I 864A.
The form should get completed and signed by both the petitioning sponsor and the household member.
If you have to facilitate proof of joint residence, you also have to attach documents such as a copy of the rental agreement mentioning the householder’s name.
Few other documents like copies of school records, driver’s license, personal correspondence etc. may also be required to be submitted.

I 864 FAQ -

Question - Do I need to submit a Form I-864 Affidavit of Support with my green card application?

Answer - According to the law, when you apply for a green card, a sponsor should complete the form in the following conditions -
Employment-based preference immigrants - when a family member or relative has filled out the immigrant visa petition; a family member has gotten provided with a significant ownership interest of five per cent or more, in filing the petition.
Family-based immigrants

Question - Do I qualify as a sponsor on Form I-864?

Answer - To qualify as a sponsor, you have to meet several conditions such as -
You should be a US national, a US citizen or a lawful permanent resident over the age of 18 years.
You should demonstrate that the US represents your country of domicile.
Your income should be 125 per cent above the federal poverty line.

Question - How long am I responsible for the beneficiary?

Answer - Your sponsor obligations come to an end in the following conditions -
If the beneficiary becomes a US resident
If the beneficiary leaves the US and no longer has resident status
If the beneficiary is due to be removed in removal proceedings
If the beneficiary dies
If the beneficiary is in the position to receive credit for 40 quarters of coverage as specified in the Social Security Act

Note: You do not get excluded from your obligations in case of a divorce.

Conclusion -

The affidavit of support I 864 form may seem overwhelming at first but, once you get done with all the paperwork and arrange the NVC document cover sheet, proof of domicile NVC etc., half of your job gets completed. Moreover, you can significantly reduce your stress associated with the process by being informed and updated.

We hope this article helped to clear some of your doubts and concerns regarding the immigration form I 864. You can also check our website for guidelines on filling other forms like the DS 11, I-94, N 400, S 386 etc.

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This publication is provided for general information purposes only and is not intended to cover every aspect of the topics with which it deals. It is not intended be advice. You must obtain professional advice before taking, or refraining from, any action on the basis of the content in this publication. The information in this publication does not constitute legal, tax, investment or other professional advice from North Loop or its affiliates. We make no representations, warranties or guarantees, whether express or implied, that the content in the publication is accurate, complete or up to date. All opinions expressed do not reflect the views of North Loop nor are endorsed by North Loop.