Affidavit of Support Form I-864: Who Must Submit It?

Most family-based applicants adjusting status must submit an Affidavit of Support, Form I-864, under Section 213A of the INA. Some employment-based applicants must also provide it to ensure they will not become a public charge in the U.S. The sponsor, usually the U.S. citizen or lawful permanent resident who filed the petition, completes the Affidavit of Support. The sponsor agrees to support the immigrant at an income level of at least 125% of the federal poverty line.The income requirement is 100% if the sponsor is on active duty in the U.S. armed forces and petitioning for a spouse or child. The obligation applies throughout the support period.obligation remains in effect for a specified period.

What is the Purpose of an Affidavit of Support Under Section 213A of the INA?

The purpose of the Affidavit of Support is to ensures the immigrant has sufficient financial support and won’t depend on means-tested public benefits. You must submit it with other required documents during the immigration process. Citizenship and Immigration Services (USCIS).

Who Must Submit an Affidavit of Support Under Section 213A of the INA?

Most family-based applicants for adjustment of status must submit either Form I-864 or Form I-864EZ, while employment-based applicants must submit Form I-864. or Form I-864EZ if the applicant’s U.S. citizen or lawful permanent resident relative filed the employment-based immigrant petition, or has a significant ownership interest in the entity that filed the immigrant visa petition on behalf of the applicant.

Consequences of a Missing or Insufficient Affidavit of Support

A missing or insufficient Affidavit of Support under Section 213A of the INA will render the immigrant inadmissible on public charge grounds. This will result in a denial of their adjustment of status or immigrant visa application. Completing the Affidavit of Support accurately and ensuring the sponsor meets the income requirements is crucial for supporting the immigrant.