Affidavit I 864 Template for the United States

Yes, Form I-864 is a legally binding contract under federal law pursuant to Immigration and Nationality Act Section 213A. Once signed, you are legally obligated to financially support the sponsored immigrant until they become a U.S. citizen, work for 40 quarters, die, or permanently leave the United States. The government and the sponsored immigrant can sue you to enforce this obligation.

Yes, USCIS will deny the immigrant's adjustment of status or visa application if Form I-864 is missing, incomplete, or doesn't meet income requirements. The sponsored immigrant cannot obtain permanent residence without a properly executed Affidavit of Support. You must submit all required supporting financial documents and meet the 125% poverty guideline threshold.

You must demonstrate household income of at least 125% of the Federal Poverty Guidelines for your household size, including the sponsored immigrant. For active duty military sponsors, the requirement is 100% of poverty guidelines. If you don't meet income requirements, you can use assets worth 3-5 times the shortfall or obtain a joint sponsor who meets the criteria.

Form I-864EZ is a simplified version available only for sponsors who are U.S. citizens or permanent residents sponsoring their spouse or unmarried child under 21, with no previous sponsored immigrants. Form I-864 is the comprehensive version required in all other cases, including when sponsoring parents, siblings, married children, or when you've previously filed affidavits of support.

Typically 1-3 weeks to properly complete Form I-864, depending on your financial situation complexity. You'll need to gather tax returns for the past 3 years, employment verification letters, bank statements, and proof of assets. Self-employed individuals may need additional time to compile business financial records and obtain accountant documentation.

You cannot simply withdraw Form I-864 once submitted, and your financial obligation continues even if the sponsored immigrant's case is denied or withdrawn. The only ways to terminate the obligation are if the immigrant becomes a U.S. citizen, works 40 qualifying quarters, dies, permanently leaves the U.S., or you die. Divorce does not terminate your sponsorship obligations.

Many sponsors incorrectly calculate household size by forgetting to include the sponsored immigrant, dependents listed on tax returns, or other sponsored immigrants still under obligation. You must count yourself, your spouse (if filing jointly), unmarried children under 21 living with you, other dependents, other sponsored persons, and the new sponsored immigrant. Getting this wrong affects the required income threshold.