Categories General

What Is Form I-864 and Why Is It Required?

Let me open with an analogy. Imagine you’re hosting a barbecue, and you’ve invited a few guests over, but it’s BYO meat and drinks. You’re setting everything up, firing up the grill, and just as you’re about to start, a friend shows up with a +1. 

This other person wasn’t invited and is not carrying any stuff, but they seem nice. What do you do? 

You could let them in and hope that what everyone else has brought will be enough, or — somewhat awkwardly, but more responsibly — you could ask the friend who brought them if they also brought food and drinks for two.

This, in a nutshell, is the idea behind Form I-864, also known as the Affidavit of Support. It’s the U.S. government’s way of saying, “Hey, if this new immigrant falls on hard times, someone needs to take financial responsibility.”

Contents

What Is Form I-864?

Form I-864 is a legally binding contract between a sponsor (usually a U.S. citizen or green card holder) and the U.S. government. 

The sponsor agrees to financially support an intending immigrant so they don’t become a “public charge,” which is a fancy way of saying someone who relies on government assistance.

Think of it as co-signing a lease. If your buddy stops paying rent, guess who the landlord comes after? That’s right — you.

Who Needs to File Form I-864?

If you’re petitioning for a family-based green card or certain employment-based green cards, you’re on the hook for filing this form. This usually means U.S. citizens or green card holders sponsoring their spouses, children, parents, or siblings.

Here are a few quick rules about who must file:

  • If you’re sponsoring a spouse, parent, child, or sibling, you need to fill out Form I-864.
  • If an employer is sponsoring an immigrant (but they’re a family member), they may need to submit one, too.
  • If the sponsor doesn’t meet the income requirement (more on that in a second), a joint sponsor can step in.

What Are the Income Requirements?

Alright, here’s where the math starts. To be a sponsor, you need to prove that you earn at least 125% of the federal poverty guidelines (100% if you’re on active military duty and sponsoring a spouse or child).

That number changes based on household size and where you live. If you live in Hawaii or Alaska, the numbers are different because, apparently, everything costs more there. If you don’t meet the requirements, you can:

  1. Use assets (like savings, real estate, or stocks) to make up the difference.
  2. Find a joint sponsor who meets the income requirement.
  3. Use a household member’s income (like your spouse or a roommate, if they’re willing to help out).

Basically, the government wants to make sure that if the person you’re sponsoring loses their job, you can step in and prevent them from relying on welfare programs.

How Long Are You Responsible?

You’re committing to financially supporting this person until one of these things happens:

  1. They become a U.S. citizen.
  2. They’ve worked for 40 quarters (about 10 years).
  3. They leave the U.S. permanently.
  4. They die.
  5. You die.

And no, divorce does not get you off the hook. If you sponsor your spouse and then split up six months later, you’re still legally responsible. The U.S. government does not care about your heartbreak.

Why Is This Even a Thing?

The U.S. government has a long-standing rule: Immigrants shouldn’t rely on public benefits. The idea is that people immigrating should have financial backing so they’re not immediately dependent on taxpayers. 

That’s why this affidavit exists — to ensure someone is willing to vouch for them financially.

What Happens If the Sponsor Fails to Provide Support?

Let’s say the immigrant falls on hard times and applies for food stamps or Medicaid. If that happens, the government can sue the sponsor to recover those costs. In reality, lawsuits like this are rare, but they can happen.

So, if you’re thinking of sponsoring someone, don’t take it lightly. It’s a serious financial commitment, not just a nice favor for your cousin’s boyfriend’s sister.

The Bottom Line

If you’re bringing a family member to the U.S., you’re not just vouching for their character — you’re vouching for their financial well-being. The government wants to make sure someone’s got their back in case things go south.

Want the nitty-gritty details? Form I-864 explained breaks it down further.

So before signing on that dotted line, ask yourself: Are you ready to be someone’s financial safety net for up to a decade? If yes, great. If not, maybe think twice before signing your name.

More From Author

Leave a Reply