Fill in a Valid USCIS I-864 Form

The USCIS I-864 form, also known as the Affidavit of Support, is often misunderstood. Below are ten common misconceptions about this form and clarifications regarding each one.

1. Only U.S. citizens can file the I-864 form.

   This is not true. Lawful permanent residents (green card holders) can also file the I-864 form as long as they are sponsoring a family member.

2. The I-864 form guarantees a green card.

   Filing the I-864 does not guarantee that the sponsored individual will receive a green card. Approval depends on meeting all eligibility requirements.

3. Income from any source can be counted.

   Not all income is acceptable. Only income that is stable and can be verified is counted towards the requirement.

4. There is no minimum income requirement.

   There is indeed a minimum income requirement. The sponsor must demonstrate an income that is at least 125% of the federal poverty guidelines.

5. Only the sponsor's income counts.

   The income of a joint sponsor or household member can also be included, provided the necessary documentation is submitted.

6. Once the I-864 is filed, the sponsor has no further obligations.

   This is incorrect. The sponsor remains financially responsible for the sponsored individual until they become a U.S. citizen or can be credited with 40 quarters of work.

7. The I-864 form is only for immediate relatives.

   The form can be used for various family-based immigration categories, not just immediate relatives.

8. Filing the I-864 is optional.

   For most family-based immigration cases, filing the I-864 is mandatory to show financial support.

9. Once filed, the I-864 cannot be changed.

   While it is advisable to submit accurate information, corrections can be made if necessary before the application is processed.

10. The I-864 form is only relevant at the time of filing.

    The form remains relevant throughout the entire immigration process and beyond, as the sponsor's obligations continue for years.

The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for individuals seeking to sponsor an immigrant. However, it is not the only form required in the immigration process. Several other documents complement the I-864 and help establish the financial and legal responsibilities of the sponsor. Below is a list of forms and documents that are often used alongside the I-864.

• I-130 Petition for Alien Relative: This form is used by a U.S. citizen or lawful permanent resident to establish a qualifying relationship with an alien relative who wishes to immigrate to the United States.
• I-485 Application to Register Permanent Residence or Adjust Status: This document allows an individual already in the U.S. to apply for permanent residency without having to return to their home country.
• I-864A Contract Between Sponsor and Household Member: When a household member contributes income to help meet the financial requirements, this form is used to include their income in the affidavit of support.
• Tax Returns: Sponsors must provide copies of their federal income tax returns for the most recent tax year to demonstrate their financial capability to support the immigrant.
• California Articles of Incorporation: This document is essential for establishing a corporation in California and is available as an Articles of Incorporation form.
• W-2 Forms: These forms summarize an employee's annual wages and the taxes withheld. They serve as proof of income for the sponsor.
• Employment Verification Letter: A letter from the sponsor’s employer confirming their employment status, job title, and salary can further validate the sponsor's financial stability.
• Proof of Assets: If the sponsor's income is not sufficient, documents such as bank statements, property deeds, or investment statements can be submitted to demonstrate additional financial resources.
• I-864P Poverty Guidelines: This document outlines the income requirements based on household size and is used to determine if the sponsor meets the necessary financial criteria to support the immigrant.

Gathering these documents is essential for a smooth immigration process. Each piece of information contributes to the overall picture of the sponsor’s ability to support the immigrant financially, ensuring compliance with U.S. immigration laws.

1. Incomplete Information: Many individuals fail to provide all required information on the I-864 form. Missing details can lead to delays in processing or even rejection of the application.

2. Incorrect Income Calculation: Applicants often miscalculate their income or fail to include all sources of income. This can result in an inaccurate portrayal of financial stability, which is crucial for the form.

3. Improper Signature: Some people neglect to sign the form or sign it in the wrong place. An unsigned form is considered incomplete and will not be processed.

4. Failure to Provide Supporting Documents: Individuals sometimes do not attach the necessary supporting documents, such as tax returns or pay stubs. These documents are essential to verify the information provided on the form.

5. Not Updating Information: Applicants may submit the form without updating their information, especially if there have been changes in income or household size. Providing outdated information can lead to complications in the application process.