Affidavit I 864 for the United States

Affidavit I 864 Template for United States

The Affidavit of Support (Form I-864) is a legally binding document required by U.S. immigration law, where a U.S. citizen or permanent resident agrees to financially support an immigrant seeking permanent residence. This contract, enforceable under U.S. federal law, requires the sponsor to maintain the immigrant at an income that is at least 125% of the Federal Poverty Guidelines and reimburse any means-tested public benefits used by the immigrant. The obligation continues until the immigrant becomes a U.S. citizen, completes 40 quarters of work, departs the U.S. permanently, or dies.

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What is a Affidavit I 864?

The Affidavit I-864 is mandated by the Immigration and Nationality Act as part of the permanent residence application process in the United States. It was implemented to ensure that immigrants do not become public charges and have adequate financial support upon entering the U.S. The document requires detailed financial information from the sponsor, including income, assets, and employment history. It creates a contractual obligation that is enforceable in any U.S. federal or state court, making it a crucial document in immigration proceedings. The affidavit must be submitted with supporting documentation such as tax returns, employment verification, and bank statements.

What sections should be included in a Affidavit I 864?

1. Sponsor Information: Full legal name, address, citizenship status, and contact information of the sponsor

2. Immigrant Information: Details of the immigrant(s) being sponsored including full name, date of birth, and alien registration number

3. Income Qualification: Documentation of sponsor's income, employment, and proof of meeting 125% of Federal Poverty Guidelines

4. Legal Obligations: Detailed explanation of sponsor's legal responsibilities and duration of obligations

5. Declarations: Sworn statements regarding accuracy of information and understanding of obligations under penalty of perjury

What sections are optional to include in a Affidavit I 864?

1. Joint Sponsor: Additional sponsor information when primary sponsor doesn't meet income requirements

2. Household Member Income: Section for including income from qualifying household members who are willing to be co-obligors

3. Assets Documentation: Section for declaring significant assets when using them to meet financial requirements instead of income

What schedules should be included in a Affidavit I 864?

1. Schedule A - Income Evidence: Supporting documentation including tax returns, W-2s, and employment verification letters

2. Schedule B - Asset Documentation: Supporting documentation of assets including bank statements and property assessments if applicable

3. Schedule C - Form I-864A: Contract between sponsor and household members if including household member income

4. Schedule D - Poverty Guidelines Worksheet: Calculations demonstrating how sponsor meets income requirements based on current Federal Poverty Guidelines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Clauses
Industries

Immigration and Nationality Act (INA): Primary legislation governing immigration sponsorship under Section 213A (8 U.S.C. �� 1183a), establishing the legal framework for Affidavit of Support requirements

Code of Federal Regulations - 8 CFR �� 213a: Detailed federal regulations implementing the INA provisions, specifically outlining requirements for sponsorship and proper use of Affidavit of Support

USCIS Regulations and Guidelines: Current administrative requirements for Form I-864, including specific form instructions and Federal Poverty Guidelines that determine minimum income requirements

State Contract Law: Applicable state-specific contract laws as the I-864 is a legally binding contract, including provisions for enforcement and interpretation

Social Security Act: Federal legislation containing provisions regarding means-tested public benefits that affect sponsor obligations under I-864

Personal Responsibility and Work Opportunity Reconciliation Act 1996: Defines federal means-tested public benefits and establishes specific obligations for sponsors signing the I-864 Affidavit of Support

Teams

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