Who Can Sponsor Whom? I-864A And Family Immigration

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 Affidavit of Support is a legally enforceable contract, and 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 (roughly 10 years). If the sponsor is using the income of other household members to qualify, then each household member who is accepting legal responsibility for supporting the relative must complete a separate Form I-864A, also known as the Contract Between Sponsor and Household Member. A son-in-law can file Form I-864A as a co-sponsor, but they must provide proof of their relationship with the sponsor and that they live in the same household.

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A son-in-law can file Form I-864A as a co-sponsor

In the context of Form I-864A, a "household member" is defined as a relative who shares the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling. This definition includes a son-in-law, which means that a son-in-law can indeed file Form I-864A as a co-sponsor.

It is important to note that the son-in-law must provide proof of their relationship to the sponsor and that they live in the same household. Additionally, the son-in-law's income and assets will be considered in the minimum income level calculations for the visa applicant.

The Form I-864A is typically filed alongside Form I-864, which is the primary Affidavit of Support form. Form I-864 is a contract signed by the sponsor, agreeing to financially support the visa applicant until they become a lawful permanent resident or obtain U.S. citizenship.

By filing Form I-864A, a son-in-law can contribute to meeting the financial requirements for the visa application of a family member, such as their spouse or in-laws, and facilitate the immigration process.

The form is a contract between sponsor and household member

The I-864A form is a contract between a sponsor and a household member. The form is used to include a household member's assets and income in the minimum income level calculations for a sponsored immigrant. This means that the sponsor's income and assets, as well as those of the household member, will be considered when determining whether the sponsor meets the minimum Federal Poverty Guidelines.

The I-864A form is filed by the household member, who is typically a relative of the sponsor, such as a spouse, adult child, parent, or sibling, and must have the same principal residence as the sponsor. It is important to note that the household member's income and assets are not required to be included, but they can choose to make them available to support the sponsored immigrant.

When completing the I-864A form, the household member must provide their Internal Revenue Service (IRS) transcript or a copy of their federal income tax return for the most recent tax year. They may also submit additional returns for the previous three years if they believe it will help establish their ability to maintain sufficient income. This can include providing copies of Form W-2 and Form 1099 related to their return.

The I-864A form is filed alongside the I-864 form, which is the Affidavit of Support completed by the financial sponsor or joint sponsor. The I-864 form requires the sponsor to disclose their total income as reported on their federal tax returns for the most recent three years. It is important to carefully follow the instructions provided with each form and ensure that all required supporting documents are included.

The sponsor must meet minimum income requirements

The sponsor must meet the minimum income requirements to file Form I-864, the Affidavit of Support. This is a legally enforceable contract, and 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 (typically 10 years). The sponsor must have an annual income that is at least 125% of the Federal Poverty Guidelines. The larger the household, the higher the income must be to meet the requirements.

The sponsor will need to file Form I-864P, which determines the minimum income requirement needed to file Form I-864. The sponsor can also use assets (not just income) to meet these requirements. Assets include cash, stocks and bonds, and property (for example, a home). It is possible to have a household member or even a non-family member help meet the income or asset requirements if the sponsoring spouse does not meet them alone. The spouse seeking the green card (the “beneficiary”) may also 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 does not meet the minimum annual income requirement alone, they can include income from other adult household members, including siblings, parents, and children. However, the other household member must complete Form I-864A (Contract Between Sponsor and Household Member) to establish this financial commitment. If the sponsor's entire household does not meet the minimum annual income requirement together, they can ask for the help of a secondary co-sponsor, commonly known as a "joint sponsor". This is a person who does not live in the sponsor's household but is willing to accept full financial responsibility for the relative seeking a green card.

The form is reviewed by NVC for completeness

The NVC reviews submitted Affidavit of Support forms for completeness. If a form is not complete, the NVC will notify the applicant in CEAC, explaining what is wrong and asking them to correct and resubmit the form. When the NVC accepts a corrected Form I-864, I-864EZ, I-864W or I-864A, along with the supporting financial evidence, the NVC transfers the form and application to the U.S. Embassy or Consulate where the applicant will apply for a visa.

The Affidavit of Support forms have step-by-step instructions for completion by the financial sponsor or joint sponsor. These instructions explain which forms are required and how to properly complete them. It is important to carefully follow the instructions included with each form. In addition to this guidance, online tips are available for completing all of these forms: the I-864, I-864A, I-864EZ, and I-864W.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, your form may be rejected. If you need help downloading and printing forms, read the instructions.

Go to the USCIS Lockbox Filing Locations Chart for Certain Family-Based Forms page for the filing address based on where you live. For additional information, see the Special Instructions section. You can find the filing fee for Form I-864 by visiting the Fee Schedule page.

If you file outside the United States, there is no fee if you file with USCIS or the Department of State. If you file within the United States, you must file with the Department of State; however, they charge a fee.

The form is required for certain family members

The 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 is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. The visa applicant needs to file a Form I-864A to have their assets included in the minimum income level calculations.

Form I-864A is required for certain family members. The form is a contract between the sponsor and the household member. The sponsor must be domiciled in the United States, the District of Columbia, or any territory or possession of the United States. A lawful permanent resident (LPR) sponsor must also maintain their LPR status. The sponsor's spouse, regardless of where they are residing, must be included in the calculations. The sponsor's unmarried children under 21, regardless of where they are residing, must also be included, as must anyone counted as a dependent on the last tax return.

If the person being sponsored is the spouse, or son/daughter (who is 18 years or older) of a U.S. citizen, the minimum cash value of assets must be three times the difference between the sponsor's household income and 125% of the federal poverty guideline for the household. The sponsor may count the income and assets of members of their household who are related by birth, marriage, or adoption. To use their income, the sponsor must have listed them as dependents on their most recent federal tax return or they must have lived with the sponsor for the last six months.

If the sponsor is self-employed, they should not use the gross income reported in Schedule C. The sponsor must provide their U.S. 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, they must provide an explanation. Failure to do so will delay action on the relative's application.

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