The immigration procedures in the United States are quite overwhelming, and more so when one is to be financially sponsored. The Affidavit of Support, also known as form I-864, is a document that helps to guarantee that the immigrant concerned will not become a burden to the American society In this post, therefore, I shall take you through what the Affidavit of Support is, who should file it, a detailed checklist, and where this form should be submitted.
What is the Affidavit of Support?
Form I-864 – Affidavit of Support is a legal statement which is filed by the sponsor, U. S. citizen or a permanent resident to the U.S. authorities. This form has the intending immigrant’s sponsor commit to providing the intending immigrant with the necessary financial support to get by, so that the latter does not become a burden to the public. This obligation normally remains when the immigrant is a U.S. citizen, or already received forty quarters or ten years under the social security system. Learn more: How to fill out Affidavit of Support.
Who Has to Submit the Affidavit of Support?
The Affidavit of Support is necessary in almost all the family visas and some of the employment based visas where the relative of the foreign workers is the petitioner. Here’s a breakdown of who needs to file:Here’s a breakdown of who needs to file:
- Family-Based Immigrants: Any U. S. citizen or lawful permanent resident who has filed Form I-130, Petition for Alien Relative for the intending immigrant, shall complete Form I-864. This includes spouses, children, parents, and siblings.
- Employment-Based Immigrants: For certain employment-based immigration petitions, if a relative directly or indirectly invests in the business that is the subject of the petition to a value of five percent or more of the business’s total value, such relative must complete and file form I-864.
- Joint Sponsors: If the petitioning income is less than the required set amount, then the petitioner can have an additional Form I-864 submitted by a joint sponsor. The combined entity has to individually pass the gross income test applicable to the joint sponsor under these rules.
- Substitute Sponsors: However, if the petitioner dies after the petition has been granted then a substitute sponsor, it could be a close relative from within the mentioned intending immigrant files an Affidavit of Support.
Affidavit of Support Checklist
To ensure your Form I-864 is processed without delays, make sure you have all documents listed in the Affidavit of Support checklist:
- Signed and fill up all the section in Form I-864: It is the Affidavit of Support executed by the petitioner or sponsor on behalf of the sponsored immigrants or refugees.
- Proof of Citizenship/Residency: Please keep a photocopy of your U. S. passport, birth certificate, naturalization certificate, or green card.
- Federal Tax Returns: Provide copies of the federal income tax returns of the most recent year completed by you.
- Proof of Income: Such as pay-checks, letter of employment confirmation, or proof of income from self-employment.
- Proof of Assets: In the event that your income will not qualify, attach bank statements, stocks, bonds, property appraisals etc.
- Affidavit of Support for Joint or Substitute Sponsors: If so, include their documents here.
- Proof of Domicile: Do not confirm the employer’s address, and instead provide a U.S. address or some other form of utility bills.
What is the Affidavit of Support Filing Address?
The mailing address for Form I-864 depends on the place where the immigrant visa petition or adjustment of status application has been filed. Here’s a general guide:
- For Consular Processing: If the intending immigrant is applying for an immigrant visa outside the United States, the Affidavit of Support normally is to be filed with the National Visa Center (NVC). The NVC will send it to the correct U.S. embassy or consulate.
- For Adjustment of Status: If the intending immigrant is within the U. S, and claiming adjustment of status, the Form I-864 is submitted together with the USCIS form I-485 Application for Permanent Residence or an Adjustment of Status. The particular address for filing depends on the state of the applicant.
- Electronic Submission: The Affidavit of Support can sometimes file online at the Consular Electronic Application Center (CEAC).
It is highly advisable to reconfirm the filing directions that USCIS or the NVC give regarding the form to submit it to the right place.
The Affidavit of Support plays a big role in the immigration in that it confirms the financial capacity of the intending immigrant. From this article, sponsors will be able to determine who has to file, what documents are necessary, and where they have to file them.
