The Fundamentals of Form I-864
Introduction In a family-based green card (adjustment of status) application, the intending immigrant must be financially "sponsored" in order to prove to the government that the intending immigrant will not require government assistance in order to live in the United States.
In order to prove this, one or more sponsors must provide an "Affidavit of Support" to the government.
This affidavit is a contractual relationship that binds the sponsor to be financially responsible for the intending immigrant until certain events occur.
This article discusses the fundamental aspects of Form I-864, Affidavit of Support.
Form I-864, Affidavit of Support This form tells the government that you, the applicant, will not become a "public charge.
"An application to adjust status to lawful permanent resident requires that you have a financial sponsor (or multiple financial sponsors).
At least one of the financial sponsors must be your U.
S.
citizen spouse.
The financial sponsor must prove that she earns enough income to support you.
How much income depends on the yearly "poverty guidelines" which can be found on Form I-864P.
For example, the current poverty guidelines state that for a family size of two, the sponsor must have earned at least $18,912 in 2012.
The poverty guidelines are updated each year, so you must check Form I-864P before submitting Form I-864 with your Form I-485 application to adjust status.
Along with the sponsor's Form I-864, the sponsor must prove her income by providing a copy of her most recent Federal Income Tax Return along with all W2s and Forms 1099.
The sponsor may also provide IRS tax transcripts from the previous two years in order to provide support to her claim that she earns enough income to meet the requirement.
If your sponsor would like to use assets to help show that she can support you, she can submit bank statements and/or a letter from her employer stating her annual income.
In some circumstances, the intending immigrant's income and/or assets may be counted toward the spouse-sponsor's income in order to meet the requirement.
In that case, the intending immigrant must prove that his income will come from the same source after he obtains lawful permanent residency.
There are several ways the sponsor's financial obligation under the affidavit of support can be terminated.
First, if the spouse or intending immigrant dies, the obligation is terminated.
Second, if the intending immigrant completes 40 quarters (credits) of work, the obligation is terminated.
Third, if the intending immigrant becomes a U.
S.
citizen through Naturalization, then the obligation is terminated.
Note that a divorce between the spouse-sponsor and the intending immigrant does not terminate the obligation under the affidavit of support.
If you are unsure about whether your spouse earns enough income to meet the requirement, or if you have any other question about Form I-864, you should see an immigration lawyer.
In order to prove this, one or more sponsors must provide an "Affidavit of Support" to the government.
This affidavit is a contractual relationship that binds the sponsor to be financially responsible for the intending immigrant until certain events occur.
This article discusses the fundamental aspects of Form I-864, Affidavit of Support.
Form I-864, Affidavit of Support This form tells the government that you, the applicant, will not become a "public charge.
"An application to adjust status to lawful permanent resident requires that you have a financial sponsor (or multiple financial sponsors).
At least one of the financial sponsors must be your U.
S.
citizen spouse.
The financial sponsor must prove that she earns enough income to support you.
How much income depends on the yearly "poverty guidelines" which can be found on Form I-864P.
For example, the current poverty guidelines state that for a family size of two, the sponsor must have earned at least $18,912 in 2012.
The poverty guidelines are updated each year, so you must check Form I-864P before submitting Form I-864 with your Form I-485 application to adjust status.
Along with the sponsor's Form I-864, the sponsor must prove her income by providing a copy of her most recent Federal Income Tax Return along with all W2s and Forms 1099.
The sponsor may also provide IRS tax transcripts from the previous two years in order to provide support to her claim that she earns enough income to meet the requirement.
If your sponsor would like to use assets to help show that she can support you, she can submit bank statements and/or a letter from her employer stating her annual income.
In some circumstances, the intending immigrant's income and/or assets may be counted toward the spouse-sponsor's income in order to meet the requirement.
In that case, the intending immigrant must prove that his income will come from the same source after he obtains lawful permanent residency.
There are several ways the sponsor's financial obligation under the affidavit of support can be terminated.
First, if the spouse or intending immigrant dies, the obligation is terminated.
Second, if the intending immigrant completes 40 quarters (credits) of work, the obligation is terminated.
Third, if the intending immigrant becomes a U.
S.
citizen through Naturalization, then the obligation is terminated.
Note that a divorce between the spouse-sponsor and the intending immigrant does not terminate the obligation under the affidavit of support.
If you are unsure about whether your spouse earns enough income to meet the requirement, or if you have any other question about Form I-864, you should see an immigration lawyer.
Source...