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How to Complete I-864 Affidavit of Support

In this video attorney Jacob Sapochnick demonstrates how to complete USCIS Form I-864, Affidavit of Support.

What is the Affidavit of Support?

Form I-864, Affidavit of Support, is a form that is required for most family-based immigration petitions and some employment-based immigration petitions.

The affidavit of support is necessary to prove that the foreign national wishing to immigrate to the United States has adequate means of financial support and is not likely to become a public charge at the time of filing or in the future. The person signing the affidavit of support is called a “sponsor” and is usually the U.S. Petitioner.

Signing the Affidavit of Support is a serious matter. Sponsors who sign this form are entering into a contract with the U.S. Government agreeing to use their resources to support the intending immigrant if it becomes necessary.

Who Must Submit Form I-864?

The following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent resident in the United States:

  1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);
  2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older); and
  3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.

Income Requirement

Sponsors must demonstrate that they have enough income and/or assets to sponsor the intending immigrants and the rest of their household at 125 percent of the Federal Poverty Guidelines.

For more information about the Affidavit of Support click here.

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