Immigrant visas faqs affidavit of support form i864. Suing on the i864 affidavit of support immigration support. Form i864 affidavit of support under section 231a of the. The form i 864ez is a shorter version of the form i 864 and is used only if three conditions are met. All immigrant visa applicants in the categories below must present a contractually binding affidavit of support form i 864, signed by the petitioner. Pursuant to ina 2a, a properly executed affidavit of support by a us sponsor, form i864, may overcome a public charge determination in all family immigration and in some employmentbased. The national visa center nvc cannot accept form i4 for immigrant visa. In order to complete this affidavit a form i864, published by united states citizenship and immigration services uscis is required.
Lets begin by discussing the difference between a form i864 and a form i4. Affidavit of support form i 864 the green card sponsor has to sign this affidavit of support form i 864 and this is as a contract between the sponsor and the u. The sponsored immigrant is the only person listed on the form i. Is a sufficient form i864 the only consideration for meeting any public charge issues at the time of the visa interview. If you are filing a family based petition for your spouse, you will have to file form i. If the i 864 is not approved, uscis will refuse to issue a green card to the intending immigrant.
Once you have submitted immigration form ds 64, your passport cannot be validated again. The national visa center nvc cannot accept form i4 for immigrant visa processing. More often than not, the official government document used to show that you can and will provide financial assistance for the immigrant if necessary is form i864. Most familybased immigrants and some employmentbased immigrants use this form to show they. Form i864 affidavit of support under section 231a of the act.
The form i864, affidavit of support, is key to meeting the financial requirement for permanent residence and avoiding a public charge determination in most familybased and some employmentbased. Affidavit of support i864 immigrant affidavit of support form i864 most familybased immigrants and some employmentbased immigrant cases require an affidavit of support to assure. If an intending immigrant becomes a lawful permanent resident in the united states based on a form i864 that you have signed, then, until your obligations under form i864 terminate, you must. A form i 864 and the most recent available taxes returns with supporting documents are also required if a relative is the. For example, you will need an i864 affidavit of support if you are submitting a visa application. Filing form ar11, aliens change of address card, online. Complete online visa application ds260 after you pay your fees and the status in ceac is updated to paid, you and each qualified family member immigrating with you must complete the application for immigrant visa and alien registration form ds260. For example, you will need an i864 affidavit of support if you are submitting a visa application for a spouse but, when filing for a fiance e, the correct form is i4 affidavit of support. The petitioner and any other financial sponsors can download the forms at. Government with his or her application for an immigrant visa or adjustment of status, under ina section 2a, these actions create a contract between you and the.
Form i864, affidavit of support under section 2a of the ina uscis. Affidavit of support under section 2a of the ina uscis form. Can the immigrant visa applicant count assets that he or she owns that are outside. The form i864 must also be completed and filed with certain immigrant visa applications.
Form i864, affidavit of support under section 2a of the ina. If the national visa center mailed you this form to complete, please follow. Irs form 4506t can be downloaded from the irs website here. If the above form is not fillable, you may find it here. To show that the applying immigrant has enough financial support to live without concern of becoming reliant on u. Give the completed form and supporting documents to the immigrant you are sponsoring to file with their form of230 or form i485. If the poverty guidelines change between the time the petitioner signed the affidavit of support and the issuance of an immigrant visa, must the petitionersponsor and joint sponsor, if required, submit a new form i864. I864, affidavit of support under section 2a of the ina uscis. If you sign a form i 864 on behalf of any person called the intending immigrant who is applying for an immigrant visa or for adjustment of status to a permanent resident, and that intending immigrant submits the form i 864 to the u. Dec 30, 2015 any time an individual has achieved immigration status in the u. For forms available only in paper, select the form details button to download the form and instructions. Make them reusable by generating templates, include and complete fillable fields. I am sponsoring the principal immigrant named in part 2.
One of the forms that you must fill out if you are helping a relative get an immigrant visa or green card is the form i 864, or affidavit of support. Jul 10, 2012 the following individuals are required by law to submit a form i 864, affidavit of support, completed by the petitioner to obtain an immigrant visa or adjustment of status. Affidavit of support form i864 the green card sponsor has to sign this affidavit of support form i864 and this is as a contract between the sponsor and the u. Form i864 uscis file affidavit of support road to status. Aug, 2015 when an individual signs a form i 864 affidavit of support they should bear in mind that this is a very serious matter with enforceable legal ramifications. Form i 864 affidavit of support application is required to show an intending immigrant will not become a liability on the u. Additional affidavits from other individuals joint sponsors may be. Additional affidavits from other individuals joint sponsors may be submitted if the petitioners income is not sufficient to support all of the applicants.
Give the completed affidavit of support with all required documentation to the sponsored immigrant for submission to either a consular officer with form ds230, application for immigrant visa and alien registration, or an immigration officer with form i 485, application to register permanent residence or adjust status. If you find your passport after filing form ds 64 and reporting it lost, send the passport to u. Concurrent filing is always available for immediate relatives of a u. I864 for both parents of us citizen immigration forums for.
Complete online visa application ds260 after you pay your fees and the status in ceac is updated to paid, you and each qualified family member immigrating with you must complete the. Most familybased immigrants and some employment based immigrants use this form to show they have adequate. Immigration affidavit of support uscis form i864 for. The risk im talking about is the new immigrant getting public assistance.
The nvc only accepts the appropriate i864 form s listed above. Immigration affidavit uscis i 864 immigration legal advice. How to withdraw i864 affidavit of support and avoid being sued. Concurrent filing of form i and form i 485 can be done only when an immigrant visa number is available during the time of filing. The purpose of the i is to establish the relationship that allows an alien to apply for an immigrant visa if and when a visa number becomes available to them. I864 affidavit of support form online immigration direct. I864 for both parents of us citizen immigration forums. Affidavit of support package for family based immigrant visa applicants.
Whether you need to file form i4 or form i864, will depend on the type of application that you are filing. If you find your passport after filing form ds64 and reporting it lost, send the. Form i, form i485, form i864, i1, i693, i765, uscis a u. If you sign a form i864 on behalf of any person called the intending immigrant who is applying for an immigrant visa or for adjustment of status to a permanent resident, and that intending immigrant. Instructions for filing affidavit of support i864 affidavit of support i864, i864w, i864ez, i864a an affidavit of support is required to be submitted by sponsors on behalf of most familybased and some. In the current version of form i864, the language just quoted has been struck. Most green card holders have to wait 5 years before they are eligible to apply for cash assistance which is why the u. This is the third in a series of articles summarizing all available case law regarding enforcement of the form i864, affidavit of support. To be a sponsor on an i864 you are required to domiciled in the u. If your relative is obligated to submit form i864, affidavit of support, with his green card application, employment in the u.
Once you have submitted immigration form ds64, your passport cannot be validated again. Online nonimmigrant visa electronic application form. Pursuant to ina 2a, a properly executed affidavit of support by a us sponsor, form i 864, may overcome a public charge determination in all family immigration and in some employmentbased cases. The form i864, affidavit of support almost all immigrants who are applying to obtain a green card through a family member must submit an affidavit of support. For the sponsor, the primary objective of form i864 is to prove to the u.
Fill out blanks electronically using pdf or word format. Generally, the following intending immigrants need an affidavit of support. Prenuptial agreement i864 news immigration support advocates. Filling out form i864, affidavit of support under section 2a of the act by ilona bray, j. Its the governments hope that every intending immigrant who wants a job will find a job. An original i864 affidavit of support aos is required from the petitioner for each immigrant visa applicant. If you feel that you need some help with the form i864, affidavit of support, you. Instructions for filing affidavit of support i 864 affidavit of support i 864, i 864w, i 864ez, i 864a an affidavit of support is required to be submitted by sponsors on behalf of most familybased and some employment based immigrants, to prove you have enough income or assets to support the intending immigrant s in the united states. New version of form i864 affidavit of support for immigrant visa. Most familybased immigrants and some employmentbased immigrant cases require an affidavit of support to assure the federal government that intended immigrants have sufficient minimum financial backing and will not rely on welfare for support. Form i864 and how it helps support sponsored immigrants. As immigration practitioners are well aware, most familysponsored visa beneficiaries.
All immigrant visa applicants in the categories below must present a contractually binding affidavit of support form i864, signed by the petitioner. Affidavit of support sample for form i864 citizenpath. An i 864 clearly constitutes a contract between the sponsor and the government. Immigration affidavit of support uscis form i864 for green card. Practitioners should carefully distinguish between the form i 864 and the form i 4 affidavit of support. Suing on the i864, december 2016 update immigration. The following immigrants are required by law to submit form i864 completed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent. For forms i864, i864a, i864w, or i864ez, select affidavit of support forms, to download these uscis forms. If you are filing this form as a sponsor, you must include proof of your. Form i864 is required for most familybased immigrants and some employmentbased immigrant applications to show that the applicant has adequate means of financial support and will not likely rely. I864, affidavit of support under section 2a of the ina. Government with his or her application for an immigrant visa or adjustment of status, under section 2a of. Prenuptial agreement i864 news immigration support.
Sep 10, 2019 for the sponsor, the primary objective of form i 864 is to prove to the u. Please complete form i 864w instead of form i 864 or i 864ez. Whether you need to submit an i864 affidavit of support will depend on the type of application you are filing. A copy of an order from the appointing court or agency specifically permitting the legal guardian to make your income and assets available for the support of the sponsored immigrant. Sep 24, 2018 64 form i864 instructions revd march 6, 2018, p. In this article, we will give you a basic overview of what this form is for, how to fill it out, where to send it, and what happens once your request is processed. In this article, we will give you a basic overview of what this. Download affidavit of support under section 231a of the act uscis form i864. S government after approval of the immigrant visa or green card application. The intending immigrant becoming a lawful permanent resident is the consideration for the contract. But the government also wants a plan in place form i864 should the intending immigrant need.
The form i 864, affidavit of support, is key to meeting the financial requirement for permanent residence and avoiding a public charge determination in most familybased and some employmentbased immigrant visa or adjustment cases. Even without new rules, the number of people being denied immigrant visas on. The form i864ez is a shorter version of the form i864 and is used only if three conditions are met. Starting on wednesday, may 16, 2018, we will only accept the 030618 edition of the i864 affidavit of support. Department of state, passport services, consular loststolen passport section, 1111 19th street, nw, suite 500, washington, d. To qualify as a sponsor, a petitioner residing abroad must.
File your form online for a more convenient and secure experience. Niv30a pdf 48kb credit card payment form for visa issuance fee, form niv30a. Read the penalties section of the form i864 instructions before completing this part. Please complete form i864w instead of form i864 or i864ez. Government with his or her application for an immigrant visa or adjustment of status, under ina section 2a, these actions create a contract between you and the u. Sample i864 form affidavit of support under section. So success is vital to the entire immigration process. Give the completed form and supporting documents to the immigrant you are sponsoring to file with their form of230 or form i 485. One of the forms that you must fill out if you are helping a relative get an immigrant visa or green card is the form i864, or affidavit of support. The sponsor must be sure they truly trust the motives of the alien they wish to sponsors. Even many immigration lawyers consider, form i864, affidavit of. The following individuals are required by law to submit a form i864, affidavit of support, completed by the petitioner to obtain an immigrant visa or adjustment of status. Uscis forms and uscis online accounts are always free.
Basis for filing i wrote my name as the sponsor n then checked 1 a. Affidavit of support under section 2a of the ina uscis. Applicants for familybased immigrant visas, including certain orphans. How to withdraw i864 affidavit of support and avoid being. Financial proof comes later when the beneficiary of the petition applies for an immigrant visa, usually in the form of an i 864 and supporting documents. In order to petition for and sponsor an immigrant to become a u. This form is legally required for many familybased and some employmentbased immigrants to show they will have adequate means of support after immigration to the united states. The following applicants are not required to submit an affidavit of support.
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