Kara Sears
Form I-864, also known as the Affidavit of Support under Section 213A of the INA, is a contract signed by an individual agreeing to provide financial support to an intending immigrant. The individual who signs the affidavit becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. The sponsor must be at least 18 years old, either a U.S. citizen or a lawful permanent resident, and must meet a minimum income level, known as the Federal Poverty Guidelines. If the sponsor's income is insufficient, they can find a joint sponsor or use the income of a household member to meet the Poverty Guidelines. So, can you sponsor your brother-in-law with Form I-864? The answer is yes, as long as you meet the requirements to be a sponsor and your brother-in-law is the principal immigrant on Form I-130.
| Characteristics | Values |
|---|---|
| Form I-864, Affidavit of Support | A contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit |
| Sponsor | The individual who signs the affidavit of support and is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant |
| Affidavit of Support | A legally enforceable contract |
| Sponsor's Responsibility | The 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) |
| Substitute Sponsor | 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) and is related to the principal intending immigrant |
| Joint Sponsor | Someone who is willing to accept the legal responsibility for supporting the beneficiary with the petitioner |
| Household Member | 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 |
| Financial Sponsor | Must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR) with a domicile (residence) in the United States |
| Petitioners | Must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant |
| Validity | The Form I-864 remains valid indefinitely unless there is evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing |
| Form I-864A | Filed by a visa applicant to have his or her assets included in the minimum income level calculations |
| Form I-864EZ | A form reviewed by NVC for completeness |
| Form I-864W | A form reviewed by NVC for completeness |
Explore related products
What You'll Learn
Form I-864 is a legally binding contract
Form I-864, also known as the Affidavit of Support under Section 213A of the INA, is a legally binding contract between an individual and the United States government. By signing the form, the individual agrees to use their financial resources to support the intending immigrant named on the affidavit. The sponsor's responsibility usually lasts until the immigrant becomes a US citizen or is credited with 40 quarters of work (typically 10 years).
The purpose of the affidavit is to ensure that new immigrants do not become a drain on public resources. The terms of the form dictate that if an immigrant requires financial support, it should come from the visa sponsor rather than through public welfare programs. By signing the affidavit, the sponsor makes two binding legal promises. Firstly, they promise to ensure that the intending immigrant has an income of at least 125% of the federal poverty guidelines. If the immigrant's income falls below the required level, the sponsor is legally required to provide financial support to make up the difference. Secondly, they promise to repay the government for any federally funded means-tested public benefits paid to the immigrant.
Form I-864 is a serious legal obligation, and it is important to understand the consequences of signing it. If the sponsored immigrant is entitled to support and the sponsor does not provide it, the immigrant can sue the sponsor in court. Such lawsuits are authorised in both state and federal court, and the sponsor will be required to pay for all of the costs of the lawsuit, including attorney fees for the immigrant's lawyer.
In addition, it is important to note that Form I-864 is a legally enforceable contract. If an individual knowingly and wilfully falsifies or conceals material facts or submits false documents, their form will be denied, and they may face severe penalties, including criminal prosecution.
Form I-864A, Contract Between Sponsor and Household Member, is a separate form that must be completed by each household member whose income is being used to qualify for the visa. This form is filed alongside Form I-864 and requires the individual to accept legal responsibility for supporting the beneficiary with the petitioner.
Local Law Enforcement: Can They Arrest Undocumented Immigrants?
You may want to see also
Explore related products
Sponsors must meet minimum income requirements
Form I-864, also known as the Affidavit of Support, is a contract that a sponsor must sign agreeing to use their financial resources to support the intending immigrant named on the affidavit. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. The sponsor's responsibility usually lasts until the sponsored immigrant becomes a US citizen or is credited with 40 quarters of work (usually 10 years).
To meet the minimum income requirements, the sponsor must show that their household income is equal to or higher than 125% of the US poverty level for their household size. The household size includes the sponsor, their dependents, any relatives living with them, and the immigrants they are sponsoring. If the sponsor is on active duty in the US Armed Forces and the sponsored immigrant is their spouse or child, their income only needs to equal 100% of the US poverty level for their household size.
If the sponsor's household income does not meet the minimum requirement, they can use their assets as a substitute for income. Assets include cash, stocks, bonds, and property. The sponsor can also ask for the help of a secondary co-sponsor or "joint sponsor", who must be a US citizen or green card holder residing in the US and is willing to accept full financial responsibility for the sponsored immigrant. The joint sponsor must meet the same income requirements as the original sponsor and cannot combine their income with that of the original sponsor to meet the requirement.
If the sponsor is using the income of other household members to qualify, each household member who is accepting legal responsibility for supporting the sponsored immigrant must complete a separate Form I-864A, Contract Between Sponsor and Household Member. The sponsor and household members will need to provide their US federal income tax return for the most recent tax year as well as proof of current employment.
Common Law Country's Transition to Civil Law
You may want to see also
Sponsors must be US citizens or permanent residents
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 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 is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
The sponsor must be a US citizen or permanent resident, at least 18 years old, and living in the United States. They must also meet the minimum annual income requirement, which is at least 125% of the Federal Poverty Guidelines. The sponsor's responsibility usually lasts until the family member or other individual either becomes a US citizen or is credited with 40 quarters of work (usually 10 years).
If the sponsor is using the income of other household members to qualify, each household member who is accepting legal responsibility for supporting the relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member. The sponsor must provide their US federal income tax return for the most recent tax year, as well as proof of current employment.
In some cases, a substitute sponsor may be required to file Form I-864 in place of the original sponsor. This may occur if the original sponsor dies after the approval of the visa petition but before the immigrant's arrival in the United States. The substitute sponsor must also be a US citizen or permanent resident and assumes all the obligations of an I-864 sponsor.
Understanding Tax Deductions for Pass-Through Businesses in Law Firms
You may want to see also
Joint sponsors are liable for reimbursement
Form I-864, also known as the Affidavit of Support, is a legally binding contract between the sponsor and the United States government. The sponsor agrees to use their financial resources to support the intending immigrant named on the affidavit. The contract is required to ensure that the immigrant does not become dependent on public welfare programs, which is referred to as becoming "a public charge" in immigration law.
The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. However, in cases where the petitioner's income is insufficient, a joint sponsor may be required to accept legal responsibility for supporting the beneficiary with the petitioner. The joint sponsor must complete Form I-864 and meet the same requirements as the primary sponsor, including the 125% income requirement.
The joint sponsor is liable for reimbursement to the sponsored immigrant if they receive any "means-tested public benefits." The sponsored immigrant or the agency that provided the benefits can sue the joint sponsor in court to obtain the money owed. The joint sponsor is also liable for the plaintiff's legal fees and costs associated with enforcing the I-864.
The joint sponsor's liability is characterized as "joint and several," meaning that the beneficiary of the I-864 can choose to sue either the primary sponsor, the joint sponsor, or both. The joint sponsor's financial support obligation begins when the sponsored immigrant obtains their green card and ends only when one of the Terminating Events occurs, such as the immigrant becoming a US citizen or being credited with 40 quarters of work history.
It is important to note that any joint sponsor and household member is jointly and severally liable with the petitioning sponsor. This means that they are independently liable for the full extent of the reimbursement obligation and can be sued in court, even if the primary sponsor is not sued or asked for money.
Teachers and the Geneva Convention: Rights and Wrongs
You may want to see also
Sponsors must provide proof of income
Form I-864, also known as the Affidavit of Support, is a contract that a sponsor signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. The sponsor's responsibility usually lasts until the family member or individual becomes a US citizen or is credited with 40 quarters of work, which is usually 10 years.
The financial sponsor must be a US citizen or US green card holder, at least 18 years old, and living in the United States. The sponsor must also meet the minimum annual income requirement, which is at least 125% of the Federal Poverty Guidelines. The income requirement to qualify as a green card sponsor will vary depending on how many children and other relatives live with you, which state you live in, and whether or not you are on active military duty.
If you are using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting your relative must complete a separate Form I-864A, Contract Between Sponsor and Household Member. You are required to provide your US federal income tax return for the most recent tax year as well as proof of current employment. If you were not required to file a tax return in any of these years, you must provide an explanation. Failure to provide the tax return or evidence establishing that you were not required to file will delay action on your relative's application for permanent residence. If this information is not provided, this will result in denial of an immigrant visa or adjustment of status.
If you are a joint sponsor, substitute sponsor, or the relative of an employment-based immigrant requiring an affidavit of support, you must provide proof of your US citizenship status, lawful permanent resident status, or US national status.
Silence as Contractual Acceptance: Exploring Legal Boundaries
You may want to see also
Frequently asked questions
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.
A financial sponsor must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States.
Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines.
A joint sponsor is someone who is willing to accept the legal responsibility for supporting the beneficiary with the petitioner.
