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FAQ

Can filing an I-864 make you lose everything?
The individual who files Form I864 is making an enforceable promise toprovide for the basic needs of the immigrant or immigrants for whom that I864is being filed. While your father’s claim that it could cause him to “loseeverything he has” is arguably hyperbolic the amount of money that could bedemanded of a sponsor is substantial typically between 10000 and 20000per person sponsored a year potentially for the entire life of the immigrant.It is not a small thing to make this sort of commitment.The sponsor is making an enforceable commitment to provide for the basic needsof the immigrant until the immigrant naturalizes earns 40 credits towardSocial Security 10 years of employment leaves the US or dies. If one isnot prepared to do that one should not sign Form I864.
What is the period of enforcement of an I-864?
The sponsor’s obligation under the Affidavit of Support starts after thesponsored immigrant acquires permanent residence. The Affidavit of Support isenforceable until the sponsored immigrant 1 naturalizes 2 ceases to be anLPR and departs the U.S. 3 obtains a new grant of adjustment of status in aremoval proceeding 4 has earned or been credited with 40 qualifyingquarters under Title II of the Social Security Act or 5 sponsor orsponsored immigrant dies. A divorce does not terminate the sponsor’sobligations under the Affidavit of Support.
Along with Form I-864, what other forms are necessary with Form I-130?
First of all I864 is not necessary with the I130. What supporting documents are needed for various types of relative petitionsare detailed in the I130 instructions. For example for a mother your birthcertificate. For a father you need your birth certificate and your parentsmarriage certificate. For a child you need their marriage certificate. For aspouse you need the marriage certificate evidence of bona fide marriageG325A for each of you and a photo for each of you. For all types you needproof of your U.S. citizenship or permanent residency.
What is the I-864 affidavit? Is it compulsory for our sponsor?
Form I864 is the Affidavit of Support that an individual files in order tobecome the sponsor for an immigrant. This form is required for most familybased immigrants and some employmentbased immigrants to show that they haveadequate means of financial support and are not likely to rely on the U.S.government for financial support.Here are some links to where you can learn more informationhttpswww.uscis.govsitesdefa...Affidavit of Support Under Section 213A of the INA
What are the financial requirements for a green card sponsor (form I-864) in2021?
What are the requirements of being a sponsorIn order to meet the requirements as a sponsor the sponsor must be at least18 years old and meet certain income requirementsFinancial RequirementsTo qualify as a sponsor you must show that your annual income is at least125 of the Federal Poverty Guidelines. These guidelines are updated annuallyand are calculated according to household size.Search the USCIS website to see if you qualify. The 2021 guidelines willremain in affect until the 2021 ones are published.
Does the US citizen spouse and the other spouse both need to file TWO I-864's?
No the only time you would need more than one I864 would be if you needed ajoint sponsor the foreign national spouse is not considered a jointsponsor even if you include his or her income. If you have decided to embark on the immigration process without an attorneywhich I dont recommend please be certain to carefully read all of theinstructions to all of the forms. And if you have any doubts about theforeign nationals eligibility for permanent residence you should consultwith an immigration attorney before beginning the process. Best of luck.
What do I do next in order for my I-864 document to be accepted?
You may want to speak with a lawyer for help in responding to this the casewon’t move forward until they’re satisfied.This information is being requested from the primary sponsor of a familybasedpetition to ensure that sufficient financial support is available for thesponsored individual such that they won’t be subject to the “public charge”ground of inadmissibility the requirement that a sponsored foreign nationalnot be permitted into the US if they will require certain forms of publicfinancial assistance.The sponsor of the petition is required to complete an I864 even if theycan’t currently meet the income or asset requirements. Required income of 125of federal poverty line for a household of their size the table is availablehere httpswww.uscis.govsitesdefa... and household size includesyourself dependents and the person sponsored. without income a sponsor canmeet the requirements by showing assets of three times the income requirementfor a spousal or minor child case and five times for any other relationship.If you can’t meet the income or asset requirement you still need to completeand sign the form but you also need a joint financial sponsor who doesmeet the requirements for a household of their own size. You can find moreinfo on joint sponsorship here When Joint Sponsorship is NeededEven with your own affidavit and a joint sponsor’s which includes thatperson’s tax returns and W2 forms or proof of assets you may be asked whyyou haven’t filed tax returns and should submit a cover leter explaining thatyou don’t work and haven’t filed taxes because not required to didn’t meetthe income threshold for the required year. You can provide the table at thetop of the second page here httpswww.irs.govpubirspdf... to show theincome requirements for filing.Again I recommend speaking with a lawyer.
Can a 21 year old submit an I-864 form to sponsor a parent for green cardwhile still a dependent of the other parent?
I do not have specific knowledge of US immigration law specifically but Ihave some knowledge of other countries‡ immigration rules the UK’s andAustralia’s in particular.In general terms any country in which you want to sponsor someone for animmigration visa will require you to submit proof that you have sufficientincome in order to afford to maintain them while they adjust to life in thenew country and find accommodation employment and all the basics such ashealth insurance and so on.The fact that you are still a dependent of your other parent and have nosource of income or significant savings to fulfill the financial requirementsof the visa application would pretty much disqualify you as a sponsor in yourcurrent situation.However depending on your other parent’s country of origin professionalbackground and own financial standing heshe may be able to apply on hisherown merits citing the need and desire to resume a family relationship withyou as a reason for wanting to resettle to the US.There may also be specific rules that allow some for some sort of limited visathat would allow your parent to join you in the US and work.You really need to consult an immigration lawyer on this and provide them withall the specifics so you can receive the best advice.I have taken the liberty to edit the question topics so that it will beexposed to people with more relevant qualifications than me but you reallyneed to seek professional advice. There may be a free immigration paralegalclinic in your area if you can’t afford to pay for legal advice.