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

An Affidavit of Support Form I-864 Under Section 213A of the INA is a legal document required for most family-based applicants for adjustment of status and some employment-based applicants to ensure that they will not become a public charge in the United States. The sponsor of the immigrant, who is usually the U.S. citizen or lawful permanent resident that filed the immigrant petition, executes the Affidavit of Support. The sponsor agrees to provide support to maintain the sponsored immigrant at an annual income not less than 125% of the federal poverty line (or 100% if the sponsor is on active duty in the U.S. armed forces and petitioning for their spouse or child) during the period the support obligation is in effect.

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

The purpose of the Affidavit of Support is to ensure that the intending immigrant has adequate financial support and will not become dependent on the government’s means-tested public benefits. The form is part of the immigration process, and it must be submitted along with other necessary documents to the U.S. 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 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

It is important to note that a missing or insufficient Affidavit of Support Under Section 213A of the INA will result in the intending immigrant being deemed inadmissible on the public charge ground, and their application for adjustment of status or an immigrant visa will be denied. Therefore, it is crucial to ensure that the Affidavit of Support is filled out completely and accurately and that the sponsor meets the necessary income requirements to support the intending immigrant.