As a full-service national immigration law firm, there is no shortage of different situations and scenarios our attorneys and staff come across on a day-to-day basis at Rivas & Associates. One common scenario our attorneys and staff often council clients has to do with the I-864 Affidavit of Support Form.
This form can be very useful in attaining Green Card, specifically for those foreign nationals applying for permanent residency in the United States who may be unemployed or does not have the financial means available to qualify.
What is an I-864 Affidavit of Support?
Also known as U.S. Immigration Form I-864, An Affidavit of Support is a signed document to accept financial responsibility for a family member who is seeking a Green Card.
Essentially, the person who signs an Affidavit of Support becomes the “financial sponsor.” In most cases (but not all), this usually is the same person as the sponsoring family member.
If you are unsure if you meet the “adequate means of financial support” threshold, you can check your eligibility by referencing the I-864P, 2022 HHS Poverty Guidelines for Affidavit of Support on the U.S. Citizenship and Immigration Services website HERE.
Other questions commonly associated with Affidavit of Support process our legal team at Rivas & Associates frequently answer include the following:
Do I qualify as a sponsor on an Affidavit of Support?
This is a very common and important question. To qualify, the sponsoring candidate must be a U.S. citizen, U.S. national of lawful permanent resident age 18 or older; Earn income 125% above the federal poverty line; and Have a U.S. domicile.
What are my options if my income is too low to sponsor an Affidavit of Support?
Although the government will most likely deny intending Green Card application if you are the only sponsor, there are a few options to work around this roadblock.
Option 1: Obtain a Joint Sponsor.
As many as two people can serve as a joint sponsor, and a joint sponsor does not need to be related to the petitioner.
Options 2: Add Another Household Member’s Income.
If the sponsor has a spouse, parents, siblings, or adult children, there is an option to combine their income with the sponsor. Each household member who does contribute would need to support forms associated with an Affidavit of Support.
Option 3: Use Assets
A sponsor may use assets to meet the financial requirement. Assets which can be “converted into cash within one year and without considerable hardship or financial loss to the owner” may be included. Some examples of assets include but are not limited to the net value of the sponsor’s home, savings, and checking account balances.
Because the rules for what can be used and what value is assigned can get complicated, Rivas & Associates recommends consulting with a knowledgeable and experienced immigration attorney.
Why Rivas & Associates?
The complexities of the I-864 Affidavit of Support Form, are often difficult to navigate without the services of a knowledgeable immigration attorney.
Rivas & Associates provides comprehensive consultation in a number of Green Card application services, including a Affidavit of Support.
The firm features a decorated and committed team of attorneys led by Lorena Rivas, who has been named a Super Lawyers® Rising Star each of the past four years. Contact Rivas & Associates today to set up a personal consultation with an experienced and knowledgeable immigration attorney.