What is an I-864, Affidavit of Support?
The Affidavit of Support, form I-864, is a contract between the sponsor and the US government to accept financial responsibility for someone seeing a green card.
The government has the right to recover from the financial sponsor certain public benefits (such as Supplemental Insurance Income, or SSI, and Temporary Assistance for Needy Families, or TANF) used by the green card holder after obtaining a green card.
The financial sponsor's obligations end when one of these things happen:
Death of either the financial supporter or green card seeker
Person seeking a green card becomes a US Citizen
Person seeking a green card has worked for 40 quarters in the US (around 10 years)
Person seeking a green card permanently moves out of the United States
Note: Divorce does not end the sponsorship obligation
Financial Requirements for an I-864 Sponsor:
The financial sponsor must be a U.S. citizen or green card holder, at least 18 years old, and living in the United States.
The financial sponsor must have an annual income that is at least 125% of the Federal Poverty Guidelines. The more people there are in your household, the higher your income will need to be to meet the requirements.
The financial sponsor can also use assets (not just income) to meet these requirements. Assets include cash, stocks and bonds, and property (for example, a home).
It is possible to have a household member or even a non-family member help meet the income or asset requirements, if the sponsoring spouse does not meet them alone.
The green card seeker (the “beneficiary”) may also use his or her own income to meet the financial requirements, but only as long as this income will continue from the same source after the green card is obtained.
Foreign assets and income will not count
To determine the amount of people in your household when calculating if you have an income that's at least 125% of the Federal Poverty Guidelines, you must include:
Yourself (the sponsor)
The person seeking the green card
Any unmarried children under the age of 21
Anyone else you claim as a dependent on your tax return
Anyone who will be applying for a green card and arriving to the United States with your spouse
Anyone else you are sponsoring on a separate Affidavit of Support
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