Gavin Howe
Form I-864, also known as the Affidavit of Support, is a signed document that outlines financial responsibility for a family member or spouse seeking a green card. The form is a contract between the petitioner (sponsor) and the U.S. government, and it is required for all family-based immigrants and some employment-based immigrants. The sponsor must be a U.S. citizen, U.S. national, or lawful permanent resident aged 18 or older, with an income of at least 125% of the Federal Poverty Guidelines. While the specific relationship between the sponsor and the immigrant is not specified, it is possible for a son-in-law to be a sponsor and fill out the form, as long as he meets the requirements.
| Characteristics | Values |
|---|---|
| Form name | I-864, Affidavit of Support |
| Type of form | Contract between the Petitioner (sponsor) and the U.S. government |
| Who must fill it out? | U.S. citizen, U.S. national, or lawful permanent resident age 18 or older |
| Income requirements | Income at or above 125% of the federal poverty line for the household size |
| Income source | Income must come from lawful employment in the U.S. or another lawful source that will continue to be available after the immigrant acquires permanent resident status |
| Signature requirements | Must have the sponsor's actual signature in black ink; no digital signatures |
| Supporting documents | Photocopies of supporting documents, including federal income tax returns and proof of each household member's residency and relationship to the sponsor |
| Translation requirements | Foreign language documents must be accompanied by a full English certified translation |
| Filing fee | No fee if filed outside the U.S. with USCIS or the Department of State; a fee is charged if filed within the U.S. with the Department of State |
| Processing time | Approximately 9.5 months, but may vary depending on the situation |
| Joint sponsors | Allowed and must submit a separate I-864 affidavit; can be a friend or family member |
| Additional forms | Form I-864A may be required for each person whose income is being used to qualify, including the intending immigrant if their spouse and/or children are immigrating with them |
| Role of son-in-law | If the son-in-law meets the requirements, he can be the financial sponsor and fill out the form |
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What You'll Learn
Who can be a sponsor?
The I-864 form, also known as the Affidavit of Support, is a contract between the petitioner (sponsor) and the US government. The sponsor must be a US citizen, US national, or lawful permanent resident aged 18 or older. They must also have an income of at least 125% of the Federal Poverty Guidelines and have a US domicile. The sponsor's income can come from assets such as cash, stocks and bonds, and property.
The sponsor is usually the petitioner, but not always. A joint sponsor is an additional sponsor who does not have to be related to the petitioner or the immigrant. This person can be a friend or family member. The joint sponsor does not need to live at the same address as the petitioner or immigrant. If the sponsor is using the income of people in their household or dependents to qualify, they must submit a separate Form I-864A for each person whose income will be used.
If the sponsor is the spouse of the intending immigrant, the intending immigrant may use their own income to meet the financial requirements, but only if this income will continue from the same source after the green card is obtained.
If the sponsor is a qualifying relative (spouse, adult child, parent, or sibling) living in the same household as the main sponsor, they may act as a household member that contributes income.
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What is the income requirement?
The I-864 form is an affidavit of support, confirming that the sponsor can financially support the intending immigrant(s). The sponsor must meet the minimum income requirement, which is 125% of the federal poverty guidelines for the household size. This requirement can be met through income from lawful employment in the United States or from another lawful source that will continue to be available to the immigrant after they gain permanent resident status. This includes taxable and non-taxable income, such as a housing allowance.
If the sponsor's income does not meet the minimum requirement, they can submit the value of their assets to make up the difference. The total net value of assets must be at least five times the difference between the sponsor's income and 125% of the poverty guideline for the household size. This can include the income and assets of household members who have signed an I-864A form.
Active-duty military sponsors may only need to show income that meets or exceeds 100% of the federal poverty guidelines. The poverty guidelines are reviewed annually and are effective from March 1st of each year. The guidelines vary depending on the state or territory, with separate guidelines for the 48 contiguous states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands.
It is important to note that a job offer for the immigrant does not meet any I-864 requirement, although it may demonstrate the applicant's ability to overcome ineligibility as a public charge.
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What documents are required?
The I-864 form is an Affidavit of Support, where the sponsor (or joint sponsor) accepts financial responsibility for the applicant. The sponsor must be a US citizen, US national, or lawful permanent resident, aged 18 or older, with a US domicile and income at or above 125% of the federal poverty line.
The following documents are required for the I-864 form:
- A copy of the individual federal income tax return, including W-2s for the most recent tax year. If this is not applicable, a statement and/or evidence describing why a tax return was not filed must be provided.
- Proof of active military status, if the sponsor is in the US armed forces or US Coast Guard and is sponsoring their spouse or child.
- If the sponsor's income is insufficient, a separate Form I-864A for each person whose income will be used to qualify. This includes proof of each household member's residency and relationship to the sponsor.
- If the sponsor is also the petitioner, they must file Form I-130 or Form I-129F for the green card applicant.
- If the sponsor is not the petitioner, they must submit Form I-864A.
- Foreign language documents must be accompanied by a full certified English translation.
- The form must be signed in black ink.
It is important to note that the sponsor's financial responsibility usually lasts until the applicant becomes a US citizen or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act.
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Where to file the form?
If you are filing Form I-130 or Form I-129F for a green card applicant, you must submit Form I-864 to the United States Citizenship and Immigration Services (USCIS) Chicago lockbox. You can also submit the form online through the Consular Electronic Application Center (CEAC) if you received it through the National Visa Center (NVC).
If you are filing from outside the United States, there is no fee for submitting Form I-864 with USCIS or the Department of State. However, if you are filing within the United States, you must submit the form to the Department of State, and they will charge a fee.
To submit Form I-864, you can either mail it or submit it online. If you are submitting by mail, ensure that you fill out the form completely and accurately. Don't forget to sign your form with your actual signature in black ink—digital signatures are not accepted. If you are adjusting your status, submit the form with the original ink signature. However, if you are submitting the affidavit to the National Visa Center, you may scan the original signed document.
Additionally, it is important to note that Form I-864 does not need to be notarized. Nevertheless, ensure that you follow the specific instructions provided by USCIS or seek guidance from their website to ensure your form is accepted.
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What is the filing fee?
The I-864 form, also known as the Affidavit of Support, is a document that an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. The person who signs the Affidavit of Support is also known as the sponsor.
Regarding the filing fee for Form I-864:
If you are filing outside the United States, there is no fee if you file with the United States Citizenship and Immigration Services (USCIS) or the Department of State. However, if you file within the United States, you must file with the Department of State, which charges a fee. The specific amount of the fee is not explicitly stated, but it is recommended to refer to the Department of State's website or the USCIS Fee Schedule page for the most up-to-date information on filing fees.
It is important to note that the filing fee may be subject to changes, and there may be additional costs associated with the overall immigration process, including applications for marriage-based green cards, spousal visas, and K-1 fiancé visas. These costs and timelines should be carefully considered when planning the immigration process.
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Frequently asked questions
Form I-864, also known as the Affidavit of Support, is a signed document to accept financial responsibility for a family member or spouse who is seeking a green card.
The financial sponsor, who is usually the same person as the sponsoring family member, must be a US citizen, US national, or lawful permanent resident aged 18 or older. They must have an annual income that is at least 125% of the Federal Poverty Guidelines.
Yes, your son-in-law can fill out Form I-864 if he is the financial sponsor and meets the eligibility criteria.
Form I-864 must be filled out in black ink and signed by the sponsor with a physical signature. Foreign language documents must be accompanied by a full English translation. Photocopies of supporting documents should be submitted unless original documents are specifically requested.
