Form I 864 Affidavit Of Support for the United States

Form I 864 Affidavit Of Support Template for United States

The Form I-864 Affidavit of Support is a legally binding contract required by U.S. immigration law where a U.S. citizen or permanent resident agrees to financially support an immigrant seeking permanent residence status. This federal document, governed by U.S. immigration law, creates a contractual obligation for the sponsor to maintain the immigrant at an income of at least 125% of the Federal Poverty Guidelines and reimburse any government agencies if the immigrant receives means-tested public benefits.

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What is a Form I 864 Affidavit Of Support?

The Form I-864 Affidavit of Support is a crucial document in U.S. immigration processes, required for most family-based and some employment-based immigration cases. Implemented under U.S. federal law, this document helps ensure that immigrants will not become public charges. The affidavit requires detailed financial information from sponsors, including income, assets, and household size calculations. It creates a legally enforceable obligation that typically remains in effect until the immigrant becomes a U.S. citizen, has worked 40 quarters under Social Security, departs the U.S. permanently, or dies.

What sections should be included in a Form I 864 Affidavit Of Support?

1. Part 1 - Basis for Filing: Information about the immigrant being sponsored and basis for filing

2. Part 2 - Information on the Principal Immigrant: Biographical information about the immigrant including full name, date of birth, alien registration number, and contact information

3. Part 3 - Sponsor's Information: Personal information about the sponsor including full name, residence, citizenship status, and Social Security number

4. Part 4 - Sponsor's Household Size: Calculation of total household members including dependents, other sponsored immigrants, and household members

5. Part 5 - Sponsor's Income and Employment: Financial qualification information including current employment, annual income, and assets if applicable

6. Part 6 - Sponsor's Contract: Legal obligations, statements of understanding, and sponsor's sworn statement and signature

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

1. Part 7 - Joint Sponsor's Contract: Additional sponsorship section used when primary sponsor doesn't meet income requirements (125% of Federal Poverty Guidelines)

2. Part 8 - Interpreter's Contact Information: Required section if an interpreter was used to complete the form, including interpreter's certification

3. Part 9 - Preparer's Information: Required section if someone other than the sponsor prepared the form, including preparer's declaration

What schedules should be included in a Form I 864 Affidavit Of Support?

1. Form I-864A: Contract Between Sponsor and Household Member - required if using household member's income to meet financial requirements

2. Supporting Documentation Schedule: Required attachments including most recent federal income tax return, W-2s, employment verification letters, and proof of assets if applicable

3. Federal Poverty Guidelines Schedule: Current HHS Poverty Guidelines chart used for calculating required household income thresholds

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) Section 213A: Primary federal statute governing Affidavits of Support, codified at 8 U.S.C. �� 1183a. Establishes the basic requirements for sponsorship and creates legally enforceable obligations for sponsors.

Code of Federal Regulations - 8 CFR �� 213a: Federal regulations that provide detailed implementation guidelines for Affidavits of Support, including specific income requirements, sponsor obligations, and conditions for termination of the agreement.

USCIS Policy Manual Volume 7, Part A: Official USCIS guidance on Adjustment of Status procedures and policies, including detailed guidelines for public charge inadmissibility determinations and Affidavit of Support requirements.

Personal Responsibility and Work Opportunity Reconciliation Act of 1996: Legislation that defines federal means-tested public benefits and establishes sponsor's obligations regarding the beneficiary's use of public benefits.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996: Law that established Form I-864 as a legally binding document and created enforcement mechanisms for Affidavits of Support.

Federal Poverty Guidelines: Annual income guidelines published by HHS that determine the minimum income requirement (125%) for sponsors submitting Form I-864.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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