Form I-864 is an Affidavit of Support. This affidavit is a legally enforceable contract in which the person who signs the affidavit (referred to as the petitioner or sponsor) agrees to financially support the immigrant named on the affidavit while they are in the United States. When you sign this document, you become the immigrant’s financial sponsor until the immigrant either becomes a citizen of the United States or is credited with 40 quarters of work, which usually takes 10 years.
When you submit an Affidavit of Support, you will need to include documents that provide evidence of the answers you have written on the form. Supporting documents may include:
The I-864 affidavit of support form needs to be completed by the person who is the petitioner or sponsor of the immigrant. A Form I-864 is required by law to obtain an immigrant visa or adjustment of status for:
By signing an affidavit of support, a sponsor is accepting legal responsibility for financially supporting the sponsored immigrant if necessary. This legal obligation generally lasts until the immigrant either gets U.S. citizenship or is credited with 40 quarters of work. The legal obligation may also end in the event of the death of either the immigrant or the sponsor, or if the immigrant moves out of the country and no longer has permanent residency. It is important to note that divorce does NOT end a sponsorship obligation, however.
The main obligation you are taking on by signing an affidavit of support is agreeing to pay back any government assistance that the sponsored intending immigrant may take during your legal sponsorship. If you do not repay this debt, you can be sued for the money in court by the agency which paid it out.
As a sponsor, you must be able to show that your household income is at least 125% of the current U.S. poverty level for your household size, which includes you and anyone living with you, in addition to the immigrant or immigrants you are sponsoring. The only exception to this requirement is if the sponsor is an active duty military member and the sponsored immigrant is your spouse or child. In this case, your income only needs to equal the U.S. poverty level for your household size. To find out whether you can meet income requirements, you can check the Affidavit of Support poverty guidelines.
If you are unable to meet the minimum income requirements to be an immigrant’s sponsor, there are some options.
Again, there are a couple of minor exceptions here. If the immigrant whom you are sponsoring is your spouse or adult child, then your assets only need to equal three times the difference between your income and 125% of the poverty guidelines for your household size. If you are sponsoring an orphan immigrating to the U.S. for adoption, then the parents’ assets only need to equal the difference between income and 125% of the poverty level.
If there is someone who is willing to accept legal and financial responsibility for the sponsored immigrant besides the primary sponsor, then this person can be a joint sponsor. A joint sponsor does not need to be related to the sponsored immigrant, but otherwise, they need to meet all of the same requirements as the primary sponsor. Also, a joint sponsor must have a household income of 125% of poverty guidelines alone. In other words, though it’s called a joint sponsor, you cannot combine the income or assets of the two sponsors to meet the minimum income requirement. Each must meet the minimum requirement separately.
If you are sponsoring an intending immigrant, you will need to fill out and submit all pages of the form and supporting evidence, including financial documents and tax returns. You will also need to make sure that you sign and date the form in black ink, and your signature is required to be original and not a photocopy.
If you would like to be a sponsor for more than one intending immigrant, it is possible to do so. In the case of an immigrant who is immigrating along with close family members, these people can all be grouped together. For unrelated people, however, you may act as a sponsor for however many people you would like, keeping in mind that you will have to meet the minimum income requirements for each one. It is also important to note that, if you are already sponsoring an immigrant and want to sponsor another one, you will need to include the first immigrant (and associated family members) in your household size to determine minimum income requirements. This will push your minimum income requirement to a higher level.
All fields are required. Florida Immigration Law Counsel is a law firm. However, the use of the internet or this form for communication with us does not establish an attorney-client relationship. We will discuss your options with you.
Caring and compassionate, Saman Movassaghi Gonzalez is a Florida immigration attorney dedicated to producing the results her clients need. She has over 17 years of experience helping both corporate and individual clients with an emphasis in employment/investment cases and family adjustment cases.
As the Managing Attorney at Florida Immigration Law Counsel, Saman Movassaghi Gonzalez and her team are capable of representing and helping individuals looking to attain a Family Visa, Work Visa, and Citizenship/Naturalization. Her experience successfully representing clients in front of the Department of Justice for cases involving Deportation/Removal Proceedings will lead to success in your case.
Her experience and expertise in immigration litigation has led to multiple Avvo awards and other accolades, including the Clients’ Choice for 2017 Immigration Attorney. Her clients also consistently post positive reviews on her Facebook page. Her experience has also allowed her to teach a new generation of lawyers as an adjunct professor of law at Nova Southeastern University, and she also regularly gives speeches on immigration matters.
Counselor Gonzalez is also experienced in helping corporate clients through the process of filing for Employment Visas, Labor Certifications, and Business and Investment Visas with the Department of Labor. She takes on the entire case from start to finish, simplifying the process for her clients and allowing them to focus on their business.
Fluent in English, Spanish, and Farsi – Saman Movassaghi Gonzalez is dedicated to making her clients feel comfortable and assured in making her their go-to immigration attorney in Florida. Her goal is to ensure that those who want to live the American dream have a professional fighting for them and making the process as painless as possible.
Saman’s passion for immigration law stems from her personal life as the daughter of immigrants. Her parents were recipients of the student F1 visa in 1971. Her father came into this country with the goal to improve his life and the life of his children. He earned a PhD in Civil Engineering and Business, instilling in his daughter a strong work ethic that she carries to this day. Saman saw firsthand what it means to be an immigrant and achieve the American Dream.
Saman Movassaghi Gonzalez can personally understand the struggle of immigrants and the children of immigrants navigating through the bureaucratic process of immigration law. Because of this, she dedicates herself fully and provides her personal attention to every case. She prides herself on developing a strong relationship with each and every client, and she is not afraid of pushing the envelope and looking for answers where other attorneys have failed.
Saman Movassaghi makes it her goal to provide you with only the best representation for immigration matters because she believes it’s time for you to live the American dream!