Cameron Miranda
Form I-864, also known as the Affidavit of Support, is a contract signed by an individual agreeing to use their financial resources to support an intending immigrant. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. The sponsor must be a US citizen, US green card holder, at least 18 years old, and living in the United States. The sponsor must also meet a minimum income level, which is generally 125% of the Federal Poverty Guidelines. If the main sponsor does not meet the income requirement, they may need the help of an additional sponsor, known as a joint sponsor, who will file another Form I-864. A co-sponsor, who can be a household member, files an I-864A. A son-in-law can be a co-sponsor, but they must provide proof of their relationship to the mother-in-law and that they live in the same household.
| Characteristics | Values |
|---|---|
| Form name | I-864, Affidavit of Support |
| Form type | Signed contract |
| Who signs the form | Individual agreeing to financially support the intending immigrant |
| Who is the intending immigrant | A spouse seeking a green card |
| Who is the sponsor | The petitioner who filed an immigrant petition on behalf of the intending immigrant |
| Sponsor's relationship to the intending immigrant | Spouse, adult child, parent, sibling, son-in-law, etc. |
| Sponsor's residence | Domiciled in the U.S. |
| Sponsor's citizenship status | U.S. citizen or lawful permanent resident (LPR) |
| Sponsor's age | At least 18 years old |
| Sponsor's income | Meets the Federal Poverty Guidelines (minimum income level) |
| Joint sponsorship | Allowed, but each sponsor must meet the 125% income requirement alone |
| Household member's income | Can be included to meet the minimum income requirement |
| Substitute sponsor | Required if the original sponsor dies |
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What You'll Learn
- A mother-in-law can sponsor her son-in-law by filing Form I-864A
- The son-in-law must provide proof of his relationship with his mother-in-law
- The mother-in-law must meet the minimum income level to sponsor her son-in-law
- The son-in-law can include his assets in the minimum income level calculations
- The mother-in-law must be a US citizen or permanent resident to be a financial sponsor
A mother-in-law can sponsor her son-in-law by filing Form I-864A
The Affidavit of Support is a signed document to accept financial responsibility for a spouse who is seeking a green card. The financial sponsor must be a U.S. citizen or U.S. green card holder, at least 18 years old, and living in the United States. The sponsor must also have a domicile (residence) in the United States. The sponsor must meet a minimum income level, called the Federal Poverty Guidelines, to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met.
If the main sponsor does not have sufficient income to support the immigrant, they may need the help of an additional sponsor. A joint sponsor files Form I-864, while a household member files Form I-864A. The household member adds their income to the main sponsor's income to meet the requirement, which is generally 125% of the poverty guideline.
In one case, a mother-in-law was sponsoring her son, and her son-in-law filed an I-864A. However, they were notified that to make a decision, he needed to provide proof of his relationship to his mother-in-law and that they lived in the same household. This suggests that a son-in-law can be a co-sponsor by filing Form I-864A, but it is not entirely clear whether a mother-in-law can solely sponsor her son-in-law by filing this form. It appears that the mother-in-law would also need to file Form I-864 as the main sponsor, and her son-in-law would be a co-sponsor.
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The son-in-law must provide proof of his relationship with his mother-in-law
A son-in-law can be a co-sponsor and file Form I-864A, a contract between a sponsor and a household member. However, to do so, he must provide proof of his relationship with his mother-in-law and that they live in the same household. This is because a "household member" is defined as:
> A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling.
The son-in-law must also provide a U.S. federal income tax return for the most recent tax year as well as proof of current employment. If he was not required to file a tax return, he must provide an explanation. Failure to provide this information will delay action on his relative's application for permanent residence.
Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen or is credited with 40 quarters of work (usually 10 years).
A substitute sponsor is an individual who meets the requirements of section 213A(f)(1)(A), (B), (C), and (E) of the Act and 8 CFR 213a.2(c)(1)(i). They must be related to the principal intending immigrant in one of the ways described in section 213A(f)(5)(B) of the Act. They must also be willing to sign Form I-864 in place of the now-deceased person who filed the Form I-130 or Form I-129F, which provides the basis for the intending immigrant's ability to seek permanent residence.
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The mother-in-law must meet the minimum income level to sponsor her son-in-law
A mother-in-law can sponsor her son-in-law by filing Form I-864, a contract signed by an individual agreeing to use their financial resources to support the immigrant named on the affidavit. The sponsor must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR) with a domicile in the United States.
The mother-in-law, as the sponsor, must meet the minimum income level, referred to as the Federal Poverty Guidelines, to sponsor her son-in-law. This requirement ensures that the sponsor can financially support the visa applicant. The specific guidelines are available on the USCIS website and are based on the filing date of the Affidavit of Support.
If the mother-in-law's income does not meet the minimum requirement, she has a few options. Firstly, she can find a joint sponsor, who will share the financial responsibility for supporting her son-in-law. This joint sponsor must also meet the 125% income requirement on their own. Alternatively, the mother-in-law can use the income of other household members to meet the Poverty Guidelines. In this case, each household member sharing the legal responsibility must complete Form I-864A, providing their U.S. federal income tax returns and proof of current employment.
It is important to note that the sponsor's responsibility typically lasts until the sponsored individual becomes a U.S. citizen or works for 40 quarters (usually 10 years). The sponsor must provide financial support, and their income, employment, and assets can be verified by the U.S. government.
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The son-in-law can include his assets in the minimum income level calculations
Form I-864, also known as the Affidavit of Support, is a crucial document in the US immigration process, specifically for family-based immigration. It is used by US citizens and permanent residents to demonstrate their financial capability to support an immigrant seeking a visa or green card. The form outlines the sponsor's commitment to financially support the intending immigrant, who is typically a family member or spouse.
In situations where the sponsor's income falls short of the required threshold, assets can be used to supplement the income and meet the necessary poverty guidelines. This is particularly relevant for the son-in-law acting as a co-sponsor or joint sponsor by filing Form I-864A. The son-in-law's assets can be included in the minimum income level calculations, ensuring that the total financial support meets or exceeds the required amount.
It is important to note that the assets considered must meet specific requirements. They should be items that can be converted into cash or sold within a year, also known as liquid assets. Examples include cash holdings, funds in bank accounts, and other assets with a clear market or liquidation value. The total net value of these assets must be substantial enough to make up for the difference between the sponsor's income and the required poverty guidelines for the household size.
When including assets in the calculations, proper documentation is essential. The son-in-law must provide detailed information and proof of the assets' current market value or liquidation value. This documentation ensures that the US government can accurately evaluate the financial capability of the sponsor to support the intending immigrant.
In summary, the son-in-law can include his assets in the minimum income level calculations for Form I-864. By doing so, he can contribute to the financial support of his mother-in-law or wife's immigration process. However, it is important to carefully consider the eligibility and requirements for including assets, and ensure that all necessary documentation is provided to support the application.
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The mother-in-law must be a US citizen or permanent resident to be a financial sponsor
Form I-864, also known as the Affidavit of Support, is a contract an individual signs agreeing to use their financial resources to support the immigrant named on the affidavit. The individual who signs the affidavit becomes the sponsor once the immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
The mother-in-law must be a US citizen, national, or permanent resident to be a financial sponsor. This is a requirement for anyone looking to sponsor an immigrant through Form I-864. The sponsor must also meet certain income requirements, showing that their household income is equal to or higher than 125% of the US poverty level for their household size. The sponsor will need to file Form I-864P, which is used to determine the minimum income requirement needed to file Form I-864. The financial sponsor can also use assets (not just income) to meet these requirements. Assets include cash, stocks and bonds, and property (e.g., a home).
In addition to the financial requirements, the sponsor must also provide a copy of their individual federal income tax return for the most recent tax year, as well as proof of current employment. If the sponsor was not required to file a tax return for that year, they must provide an explanation. Failure to provide the tax return or evidence of employment will delay the relative's application for permanent residence and may result in denial.
It is important to note that the Affidavit of Support is a legally enforceable contract, and the sponsor's responsibility usually lasts until the family member or individual either becomes a US citizen or is credited with 40 quarters of work (typically 10 years).
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Frequently asked questions
Yes, a mother-in-law can sponsor her son-in-law by filing Form I-864, also known as the Affidavit of Support. The mother-in-law must be a U.S. citizen or permanent resident, be at least 18 years old, and have a domicile in the United States.
Form I-864, or the Affidavit of Support, is a contract signed by an individual agreeing to use their financial resources to support the immigrant named on the affidavit. The sponsor must meet a minimum income level, known as the Federal Poverty Guidelines, to support the visa applicant.
A joint sponsor files Form I-864, while a household member files Form I-864A. A joint sponsor is an additional sponsor who does not need to be related to either party or live at the same address. A household member adds their income to the main sponsor's income to meet the minimum income requirement.
