Immigration affidavit of support uscis form i864 for. Affidavit of support under section 2a of the ina uscis form. Sample i864 form affidavit of support under section. The petitioner and any other financial sponsors can download the forms at. The form i864ez is a shorter version of the form i864 and is used only if three conditions are met. File your form online for a more convenient and secure experience.
Most familybased immigrants and some employmentbased immigrants use this form to show they. S government after approval of the immigrant visa or green card application. To qualify as a sponsor, a petitioner residing abroad must. 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 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. 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 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. Whether you need to submit an i864 affidavit of support will depend on the type of application you are filing. Once you have submitted immigration form ds 64, your passport cannot be validated again. In order to complete this affidavit a form i864, published by united states citizenship and immigration services uscis is required.
Is a sufficient form i864 the only consideration for meeting any public charge issues at the time of the visa interview. If the national visa center mailed you this form to complete, please follow. Suing on the i864, december 2016 update immigration. 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. The national visa center nvc cannot accept form i4 for immigrant visa processing. Download affidavit of support under section 231a of the act uscis form i864. The intending immigrant becoming a lawful permanent resident is the consideration for the contract.
Concurrent filing is always available for immediate relatives of a u. Whether you need to file form i4 or form i864, will depend on the type of application that you are filing. One reason that uscis requires form i864 for all green card applications is to reduce their risk. Form i864, affidavit of support under section 2a of the ina. 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. For forms i864, i864a, i864w, or i864ez, select affidavit of support forms, to download these uscis forms. Dec 30, 2015 any time an individual has achieved immigration status in the u. If you find your passport after filing form ds 64 and reporting it lost, send the passport to u. I864 for both parents of us citizen immigration forums. 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. Immigration affidavit uscis i 864 immigration legal advice. Most familybased immigrants and some employment based immigrants use this form to show they have adequate. If you are looking for all other forms that begin with i such.
The form i 864ez is a shorter version of the form i 864 and is used only if three conditions are met. 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. An original i864 affidavit of support aos is required from the petitioner for each immigrant visa applicant. 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.
A form i 864 and the most recent available taxes returns with supporting documents are also required if a relative is the. Fill out blanks electronically using pdf or word format. In the current version of form i864, the language just quoted has been struck. Read the penalties section of the form i864 instructions before completing this part. Make them reusable by generating templates, include and complete fillable fields. All immigrant visa applicants in the categories below must present a contractually binding affidavit of support form i864, signed by the petitioner. Even many immigration lawyers consider, form i864, affidavit of. I am sponsoring the principal immigrant named in part 2. Filling out form i864, affidavit of support under section. 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. For example, you will need an i864 affidavit of support if you are submitting a visa application.
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. Once you have submitted immigration form ds64, your passport cannot be validated again. Domicile is a complex concept and must be evaluated on a case by case basis. 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. 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. Practitioners should carefully distinguish between the form i 864 and the form i 4 affidavit of support. If your relative is obligated to submit form i864, affidavit of support, with his green card application, employment in the u. All immigrant visa applicants in the categories below must present a contractually binding affidavit of support form i 864, signed by the petitioner. Additional affidavits from other individuals joint sponsors may be. 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 sponsored immigrant is the only person listed on the form i. To be a sponsor on an i864 you are required to domiciled in the u. Form i 864 affidavit of support application is required to show an intending immigrant will not become a liability on the u. Most green card holders have to wait 5 years before they are eligible to apply for cash assistance which is why the u. 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. I864, affidavit of support under section 2a of the ina. Sep 24, 2018 64 form i864 instructions revd march 6, 2018, p. If you are filing a family based petition for your spouse, you will have to file form i. Filling out form i864, affidavit of support under section 2a of the act by ilona bray, j. How to withdraw i864 affidavit of support and avoid being. Online nonimmigrant visa electronic application form. 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.
Form i864 affidavit of support under section 231a of the. If you are filing this form as a sponsor, you must include proof of your. Give the completed form and supporting documents to the immigrant you are sponsoring to file with their form of230 or form i485. Lets begin by discussing the difference between a form i864 and a form i4. If you feel that you need some help with the form i864, affidavit of support, you. The sponsor must be sure they truly trust the motives of the alien they wish to sponsors. 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. Form i864 affidavit of support under section 231a of the act. 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.
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. An i 864 clearly constitutes a contract between the sponsor and the government. If the i 864 is not approved, uscis will refuse to issue a green card to the intending immigrant. Immigrant visas faqs affidavit of support form i864. Suing on the i864 affidavit of support immigration support. Sep 10, 2019 for the sponsor, the primary objective of form i 864 is to prove to the u. 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. Uscis forms and uscis online accounts are always free. 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. I864, affidavit of support under section 2a of the ina uscis. 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. As immigration practitioners are well aware, most familysponsored visa beneficiaries. The national visa center nvc cannot accept form i4 for immigrant visa. New version of form i864 affidavit of support for immigrant visa.
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. If you find your passport after filing form ds64 and reporting it lost, send the. 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. 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.
Can the immigrant visa applicant count assets that he or she owns that are outside. To show that the applying immigrant has enough financial support to live without concern of becoming reliant on u. 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. What is an immigration form i864 affidavit of support. The nvc only accepts the appropriate i864 form s listed above.
How to withdraw i864 affidavit of support and avoid being sued. In this article, we will give you a basic overview of what this. 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.
Irs form 4506t can be downloaded from the irs website here. To put it in the simplest possible terms, form i864 should be used if you are sponsoring a relatives green card application, and form i4 if you sponsoring their u. Provide an original job offer letter from the petitioning business signed within the past year. Applicants for familybased immigrant visas, including certain orphans. Generally, the following intending immigrants need an affidavit of support. For forms available only in paper, select the form details button to download the form and instructions.
I864 affidavit of support form online immigration direct. But the government also wants a plan in place form i864 should the intending immigrant need. Prenuptial agreement i864 news immigration support. For the sponsor, the primary objective of form i864 is to prove to the u. The form i864 must also be completed and filed with certain immigrant visa applications. Form i864 and how it helps support sponsored immigrants. Please complete form i864w instead of form i864 or i864ez. 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. 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. Niv30a pdf 48kb credit card payment form for visa issuance fee, form niv30a. Additional affidavits from other individuals joint sponsors may be submitted if the petitioners income is not sufficient to support all of the applicants. Form i864 uscis file affidavit of support road to status. 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. The risk im talking about is the new immigrant getting public assistance.
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. 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. So success is vital to the entire immigration process. Starting on wednesday, may 16, 2018, we will only accept the 030618 edition of the i864 affidavit of support. If the above form is not fillable, you may find it here. Government with his or her application for an immigrant visa or adjustment of status, under section 2a of. I864, affidavit of support under section 2a of the act.
The following applicants are not required to submit an affidavit of support. Give the completed form and supporting documents to the immigrant you are sponsoring to file with their form of230 or form i 485. Affidavit of support under section 2a of the ina uscis. 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. Please complete form i 864w instead of form i 864 or i 864ez. Department of state, passport services, consular loststolen passport section, 1111 19th street, nw, suite 500, washington, d. This contract effective until the immigrant has acquired 40 quarters of work in the u. In order to petition for and sponsor an immigrant to become a u. Affidavit of support sample for form i864 citizenpath. Form i, form i485, form i864, i1, i693, i765, uscis a u. Its the governments hope that every intending immigrant who wants a job will find a job. I864 for both parents of us citizen immigration forums for.
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