As the U.S. sponsor, your assets and income must be at least 125% of the federal Poverty Guidelines in order to show that you can maintain the applying immigrant as well as any other members of your household. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The sponsor continues to remain responsible for the immigrant spouse, even after divorce. If your income alone isn’t high enough, you (the petitioner) as well as the immigrant may count your assets, if they are readily convertible to cash, at a percentage of their full value (usually one fifth). You can have up to two joint sponsors per family, but no more than one per immigrant. Another way to prevent getting this page in the future is to use Privacy Pass. You may need to download version 2.0 now from the Chrome Web Store. The length of undertaking depends on: the age of the person you sponsor; their relationship to you, and; Where you live. Unfortunately, this is not the end of the U.S. government's analysis. Do Not Sell My Personal Information, Preparing I-864 Affidavit of Support Forms. By signing Form I-864, you are entering into an enforceable contract with the United States government. You might also be asked for repayment and ultimately sued by a U.S. government agency from which the immigrant received a mean-tested public benefit such as food stamps, Medicaid, Temporary Assistance for Needy Families, Supplemental Security Income, or State Child Health Insurance benefits. Timeframe to Get a Nonimmigrant U.S. Visa, earned 40 work quarters in the U.S. (as defined by the Social Security Administration; this works out to approximately ten years). The I-864 is a commitment to act as the financial sponsor of the applicant once he/she arrives in the United States, and financial responsibility continues for the person who becomes a permanent resident based on a I-864 that you signed until that person: Becomes a U.S. citizen; Cloudflare Ray ID: 5e281bc858af0cd5 The sponsor’s responsibility lasts until the immigrant becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about ten years of work), dies, or permanently leaves the United States. In some instances, the U.S. petitioner will not be looked to for financial support. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Answer The Form I-864 Affidavit of Support obligates you, as the sponsor, to support your immigrant husband—and now ex-husband—at an amount that's 125% or more of the U.S. You can be sued by the sponsored immigrant if you do not give sufficient financial support to him or her. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. For the latest table showing the required income amounts for different household sizes, see USCIS Form I-864P. These include where: In any of these cases, the petitioner will need to file a form called I-864W in order to claim the exception. In some states, the information on this website may be considered a lawyer referral service. If you are a U.S. citizen or lawful permanent resident (green card holder), and you petition for a member of your family to receive a green card, you will have to agree to sponsor that person financially as well. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. • You’ll see how serious the U.S. government is about wanting your promise of financial support when you fill out the required USCIS Form I-864. § 212, 8 U.S.C. Why Is My Immigration Case Taking So Long? Performance & security by Cloudflare, Please complete the security check to access. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. the petitioning spouse has already worked 40 work quarters while married to the immigrant, or. the immigrant is a child who will become a U.S. citizen immediately upon approval or entry to the United States for a green card. Cloudflare Ray ID: 5e281bcf8c85ea6a If someone else is willing to take responsibility for the immigrant, such as a friend or family member, that person can become a “joint sponsor,” by filing an additional Affidavit of Support on the immigrants’ behalf. the immigrant has already worked legally in the United States (perhaps with a nonimmigrant visa or a work permit) for a total of 40 quarters. Another way to prevent getting this page in the future is to use Privacy Pass. In order for your family member to succeed in obtaining a green card, the person will need to prove (among other things) that he or she is not “inadmissible.”. One of the grounds of inadmissibility found in the U.S. immigration laws is that the person is likely to become a “public charge.” (See Immigration and Nationality Act, or I.N.A. Poverty Guidelines levels until he either: earns 40 work quarters credited toward Social Security (approximately ten years of work) becomes a U.S. citizen Performance & security by Cloudflare, Please complete the security check to access. This responsibility lasts until the immigrant becomes a US citizen, works in the US for 40 quarters (10 years), or returns to their home country. The “length of undertaking” is the time period you’re financially responsible for the person you sponsor. That person would need to fill out a complete separate Form I-864. It can, and more often under the Trump Administration does, decide that despite the U.S. sponsor having met all the support requirements, the immigrant is still likely to become a public charge, perhaps because of health problems and no obvious source of health insurance. An affidavit of support is a legally enforceable contract, and the sponsor’s responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years). 2)(i) The support obligation and the change of address reporting requirement imposed on a sponsor, substitute sponsor and joint sponsor under Form I-864, and any household member's support obligation under Form I-864A, all terminate by operation of law when the sponsored immigrant: (A) Becomes a citizen of the United States; Such lawsuits are rare, however. • When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s) until they become U.S. citizens or can be credited with 40 quarters of work. The only requirement that USCIS imposes on financial sponsors is that the sponsor’s income must be at least 125% of the US poverty line based on the household size (see Form I-864P for guidelines). Obligation Duration. The form will ask you for specific information about your household size, as well as your income and assets, and require you to attach proof, in the form of tax returns, and documentary evidence of your employment and of any assets being claimed. It starts on the day the person you sponsor becomes a permanent resident. Your obligations under this contract do not end until the immigrant has either: Note that divorce does not end at your obligations under the Affidavit of Support. Your IP: 132.148.16.109 If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. • You may need to download version 2.0 now from the Chrome Web Store. What that means is explained in this article. Your IP: 45.55.144.13 Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. A public charge is someone who receives U.S. government assistance based on financial need. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. In fact, the immigrant him- or herself can add income to the mix if the person is already living with you in the United States and working legally in a job that will continue after getting the green card. That person would need to fill out a USCIS Form I-864A. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. As the petitioner and financial sponsor, you will not only need to show that your income and assets are high enough to avoid the immigrant becoming a public charge, but you’ll have to promise to pay the government back if the immigrant ends up claiming certain types of public assistance benefits. See Preparing I-864 Affidavit of Support Forms for more on what you'll need to complete.

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