The Affidavit of Support (I-864) is required for most family-based immigrants and employment-based intending immigrants to show that they have enough means of financial support and are not likely to become a public charge.
The affidavit of support is a contract between a sponsor and the U.S Government. The person signing the affidavit needs to make sure they have enough income and/or assets to support the intending immigrant and their own household.
The following immigrants are required by law to submit form I-864 to obtain an immigrant visa overseas to to adjust status while residing in the U.S.
- All immediate relatives of U.S Citizens (spouse, unmarried children under 21 years of age, and parents of U.S citizens)
- All family-based immigrants (unmarried sons and daughters of U.S Citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S Citizens, and brothers and sisters of U.S Citizens)
- Employment based immigrants
There are a few Exceptions to who needs to submit form I-864,
- Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States.
- Any intending immigrant who will upon admission U.S Citizenship under section 320 of the Immigration and Nationality Act.
- Self-petitioning widow and widowers who have an approved form I-360
- Self-petitioning battered spouses and children who have an approved from I-360
Please contact us for further information.