Form I-864, Affidavit of Support Issues
Form I-864, Affidavit of Support poses difficulty for many individuals. In short, it is the form that is used by a intending immigrants to demonstrate to US Citizenship and Immigration Services (USCIS) that the immigrant has sufficient means of financial support and is not likely to become a public charge (ie: rely on the US government for financial support). Common mistakes related to the I-864 are merely procedural, while many individuals simply cannot show sufficient financial support. Our Sacramento immigration lawyers resolve a variety of I-864 issues for immigrants, but here are some of the more common I-864 questions our Sacramento immigration law firm receives.
How do I find out what my sponsor’s income must be for the I-864?
You want to look to the I-864p as it provides the poverty guidelines for the I-864. Sponsors generally must meet the 125% of HHS Poverty Guidelines. In order to read this properly, you must look to the Sponsor’s household size, which includes the number of immigrants being sponsored, and look to the applicable poverty guideline.
Example: John is sponsoring Jane. John already has 2 dependent children he claims on his Federal Income Tax Form 1040. John’s household size is then 4, which includes himself, Jane, and his 2 dependent children. John lives in California and is not on active duty in the US Armed Forces. Based on 2014 guidelines, John must have made at least $29,812 in income to meet USCIS’s requirements to act as a sponsor for the I-864.
I am several thousands of dollars short of meeting the poverty guideline for my household size, but I have some assets. What assets can I use to meet the minimum requirement and how will it be calculated to meet the difference?
You’re able to use assets, including: bank account (savings and checking); real estate (net cash value, which is the fair market value less any mortgage, liens, or debts owed on it); net cash value of investments in stocks, bonds, CD’s; and, pension/retirement accounts.
When calculating whether you have sufficient assets to make up the difference between income and the poverty guideline, you will either need to divide the total value of your assets by 3 or by 5. 3 if you’re a US citizen sponsor for your spouse or minor child and 5 if you’re a lawful permanent resident sponsor for your spouse or minor child.
Example: Using the same figures above for john, he must make at least $29,812 per year based on his household size. He currently only makes $26,000. He wishes to meet the $3,812 difference through his assets. He has a total of $14,000 in his bank accounts, and a net cash value of $32,000 in his home. The total of these assets is $58,000. He is a US citizen sponsoring for his spouse, so $58,000 divided by 3 is $19,333.33, which is more than what John needs.
What sort of documents do I need to prove that I have sufficient assets to meet the poverty guideline?
There is not a specific form for this, so you have to remember to be thorough about meeting USCIS’s requirements. Generally, you want to describe the asset, state its current net cash value (and do the math), and prove that you own it. Proof of ownership takes many forms. For bank balances, you generally use bank statements for the last 12 months showing deposit and withdrawal history along with a signed document by an agent for the banking institution showing the balance, your name on the account, and your account information. For real estate, you generally must show a deed proving ownership, a statement showing how much is still owed on the house (mortgage, lien or any other debts), and an appraisal or its equivalent to sufficiently demonstrate the home’s value.
Whose income and/or assets can I use as a sponsor if I do not have any income nor assets?
You may use your household member’s, the intending immigrant’s, and/or a joint sponsor’s income/assets.
If you need assistance with your I-864, Affidavit of Support sponsorship application (or any other immigration matter), please do not hesitate to contact our Sacramento immigration lawyer. Our Sacramento immigration law firm has been very successful with I-864 matters and our Sacramento immigration attorneys would be happy to assist you, so contact us today.
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation. Carson & Kyung, Sacramento’s Immigration Attorneys on Form I-864, Affidavit of Support Issues.