How to bring a relative to the USA: everything you need to know about the immigrant sponsorship form

Even many immigration lawyers consider Form I-864 Affidavit of Support one of the most confusing immigration forms. It's a bit like combining the financials of a tax return with the complexity of an immigration form. CitizenPath.

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In fact, it is. The stakes are high. If the sponsor does not meet the requirements, the United States Citizenship and Immigration Services (USCIS) will not grant the prospective immigrant the right to permanent residence (green card).

When a foreign national applies for permanent residence in the United States, immigration officials must certify that the prospective immigrant has sufficient financial support and is unlikely to become a public liability. USCIS requires Form I-864 (immigrant financial sponsorship) for most family green card applications and for some employment green card applications.

This is a kind of contract between the sponsor and the US government, in which the sponsor promises to support the prospective immigrant if he or she cannot do it on his own. This is a backup plan in case the immigrant has financial problems.

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Preparing this mandatory form can be complex. Here are nine of the most frequently asked questions about the Form I-864 Affidavit of Support and the answers to them:

Do I need to submit Form I-864 Affidavit of Support with my green card application?

At the time of applying for a green card, US immigration law requires the following immigrants to submit a Form I-864 Affidavit of Support completed by the sponsor:

• kinship-based immigration; preferential immigrants for employment in cases where an application for an immigrant visa was submitted by a relative;
• immigrants through employment, where a family member has a significant ownership interest (five percent or more) in the applying organization.

A relative who has filed a green card petition (for example, Form I-130, I-129F, I-140, etc.) must act as a sponsor on Form I-864.

Am I eligible to sponsor the Form I-864 Affidavit of Support?

Some of the most common form-related questions relate to sponsor requirements. The sponsor completes Form I-864 representing the prospective immigrant. As a general rule, the sponsor must:

• be a US citizen or a lawful permanent resident of the US 18 years of age or older;
• have an income of 125% of the federal poverty level; and
• be permanently resident (domicile) in the United States.

Changes to income requirements have been made for residents of Alaska and Hawaii and members of the US military. For a detailed table of required income by household size, see Form I-864P, HHS Poverty Guidelines for Affidavit of Support.

As a general rule, each green card application must include an Affidavit of Support prepared by the sponsor submitting the application. The sponsor of the application is a relative. If the petitioning sponsor does not have the financial resources to qualify, the potential immigrant may add a second sponsor to the application.

My income is too low to be an I-864 sponsor. What can I do?

If your income is below the threshold and you are the sole sponsor, the government will most likely reject a potential immigrant's green card application. There are three main ways to solve this problem:

1. Add the income of other household members to the form.

If the sponsor has a spouse, siblings, parents, or adult children living in the same primary residence, they may pool their income with the sponsor. Each household member who contributes income will be required to prepare and file Form I-864A along with the main Form I-864.

2. Joint sponsorship.

Another person can act as a joint sponsor. There can be no more than two joint sponsors. The co-sponsor does not have to be related to the applicant or potential immigrant.

3. Use assets.

The sponsor may use the assets to fulfill the requirement. Assets that can be "turned into cash within one year and without significant hardship or financial loss to the owner" may be included. Examples of assets might include the net worth of the sponsor's home, savings, and checking account balances.

Do I need to calculate my income for the current moment or for taxes from previous years?

Generally, your qualifications to become an I-864 sponsor are based on your current year's income. You are likely to be a reliable sponsor if your income is above the 125% federal poverty level and your tax returns for the last three years also show income above that threshold.

When past tax returns show no income or show less income than necessary, it can be a concern.

What is co-sponsorship?

If the petitioning sponsor's household income is not sufficient to meet the requirements of Form I-864, he or she may enlist additional co-sponsor support.

A co-sponsor may be any lawful permanent resident or U.S. citizen who is at least 18 years of age, residing in the United States, its territories or possessions, and who wishes to be jointly responsible with the applicant for supporting the intended immigrant. The co-sponsor does not have to be related to the petitioning sponsor or the alleged immigrant.

You can have two co-sponsors. However, even if there is a co-sponsor, the petitioning sponsor remains legally responsible for financially supporting the sponsored immigrant. The petitioning sponsor must complete and mail a signed I-864 for the intended immigrant, even if they also have a co-sponsor.

How long am I responsible for an immigrant whose green card I sponsored?

A sponsor's obligation under the Form I-864 Affidavit of Support terminates if a person who becomes a lawful permanent resident under this Affidavit:

• becomes a US citizen;
• has 40 retirement credits for a US pension under the Social Security Act;
• no longer has legal permanent resident status and is outside the United States;
• subject to expulsion, but applies for and obtains, through the expulsion procedure, a new authorization to adjust status based on a new Affidavit of Support, if required; or
• dies.

Divorce does not terminate the sponsor's I-864 obligations.

My relative will have a job upon arrival in the United States. Does he still need to file Form I-864?

Yes. Your relative is required to file a Form I-864 Affidavit of Support along with their green card application, employment in the US is no exception. The government hopes that every potential immigrant who wants to find a job will find one. But the government also wants to have a plan (Form I-864) in case the prospective immigrant has to rely on others.

I have a co-sponsor, do I (the applicant) have to file Form I-864 for my relative?

Yes. Even if you have found a co-sponsor to support your relative, USCIS still requires you to provide an Affidavit of Support (including any required supporting documentation). You will remain an "application sponsor" even if your relative has a co-sponsor.

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What supporting documents do I need to submit with the Affidavit of Support?

Sponsor must provide proof of US Citizen or Lawful Permanent Resident status. There must also be proof that the United States is the sponsor's country of permanent residence (domicile). He or she must also provide proof of the resources to act as a sponsor. These specific requirements may vary depending on the situation with sponsors. Employed, self-employed, pensioners with investment income must provide different supporting documents.

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