Navigating the U.S. immigration process can feel like a lot to take on, especially when you're the one responsible for financially supporting your loved ones.
One of the most important steps in family-based immigration is filing the Affidavit of Support or Form I-864. This form is designed to make sure your family members won’t end up being a financial burden on the U.S. government.
In this guide, we’ll walk you through everything you need to know about Form I-864—from why it matters and who’s required to file it, to how you can complete it without hassle.
What is the Affidavit of Support (Form I-864)?
The Affidavit of Support (Form I-864) is a vital part of the U.S. immigration process, especially for family-based and employment-based immigrants. It’s a legally binding promise to ensure that the immigrant won’t need public assistance once they’re in the U.S.
When a sponsor—typically a family member—signs this form, they’re making a serious commitment to provide financial support until the immigrant either becomes a U.S. citizen or has worked in the country for at least 10 years. If the immigrant ends up using certain public benefits, the government can even seek repayment from the sponsor.
Filling out Form I-864 correctly is key to keeping the immigration process on track and helping your loved one transition smoothly into their new life in the U.S.
Who Is Required to File Form I-864?
If you're sponsoring a relative for a green card through family-based immigration, Form I-864, Affidavit of Support is a requirement. This form ensures that your family member will have financial backing as they start their new life in the U.S. Here's who needs to file:
- Immediate relatives of U.S. citizens: This includes spouses, parents, and unmarried children under 21 years of age.
- Family-based preference immigrants: Sons and daughters of U.S. citizens, as well as spouses and unmarried children of lawful permanent residents (green card holders), and siblings of U.S. citizens.
- Some employment-based immigrants: Some employment-based immigrants require Form I-864 if a U.S. citizen, lawful permanent resident, or U.S. national relative filed the visa petition—or if a relative has significant ownership in the sponsoring business.
In Louisiana, where family ties run deep, understanding who needs to file Form I-864 is key to bringing your loved ones to the U.S. without any legal roadblocks.
Step-by-Step Guide to Completing Form I-864
Filling out Form I-864 correctly is essential to avoid delays in your loved one’s immigration journey. Here's a simple, step-by-step guide to help you complete the form with confidence:
- Gather Your Information and Documents
First, collect your Social Security number, proof of U.S. citizenship or lawful permanent residency, and your most recent federal tax return. If needed, also pull together documents showing any income or assets you’ll use to meet the financial requirements.
- Complete Sponsor’s Information (Parts 1 & 2)
Here’s where you’ll provide your personal details, such as your name, address, and your relationship with the immigrant you’re sponsoring.
- Calculate Household Size and Income (Parts 5 & 6)
Make sure to calculate your household size accurately, including the immigrant you are sponsoring. This number determines the income threshold you need to meet. If your income doesn’t hit the required mark, you can use the income of qualifying household members or add assets to reach the target.
- Use of Assets (Part 7)
If your income alone isn’t enough, don’t worry—you can also count assets like savings, property, or stocks to meet the financial guidelines.
- Sign and Submit
Don’t forget to sign the form in black ink and double-check that every required field is completed. If you’re filing for adjustment of status, submit the original form with a ‘wet ink’ signature. For consular processing, a scanned copy will do the trick.
Income Requirements and Obligations
Sponsoring a family member for a green card comes with some serious financial responsibilities. To qualify as a sponsor, your income needs to be at least 125% of the Federal Poverty Guidelines for your household size. For example, if you're a family of four in Louisiana, you’ll need to meet this threshold to ensure your relatives won’t rely on public assistance.
If your income falls short, don’t worry—you have options. You can include assets like savings or property, or even get help from a joint sponsor or household member to meet the requirement.
Just remember, when you sign Form I-864, you’re making a commitment to financially support the immigrant. This means you could be responsible for repaying the government if they use certain public benefits. This obligation stays in place until they become a U.S. citizen, work for 10 years, or permanently leave the U.S.
Things to Consider Filing a Form I-864 in Louisiana
Living in Louisiana, especially in cities like Baton Rouge or New Orleans, comes with some unique perks when it comes to filing Form I-864. Louisiana’s cost of living is generally lower than the national average, which could positively impact your household income calculations and make it easier to meet the financial requirements for sponsorship.
Beyond the numbers, Louisiana’s deep-rooted sense of family and community might also play a role in your decision to sponsor a relative. The state’s vibrant culture, rich traditions, and welcoming neighborhoods make it a great place for new immigrants to call home.
As you plan to bring your loved one to Louisiana, keep in mind how the local lifestyle, strong family ties, and affordable living could help them settle in and achieve financial stability.
Contact Our Immigration Attorneys at Rozas Immigration for Help Filing Form I-864
Tackling Form I-864 and the complexities of the immigration process can feel like a lot, but you don’t have to do it alone.
At Rozas Immigration, we’ve got years of experience using our knowledge of immigration law to help families just like yours navigate the twists and turns of U.S. immigration. Our team of Louisiana immigration lawyers is here to guide you step by step, ensuring your application is accurate, complete, and on track—minimizing any potential delays or headaches.
If you’re looking for help with your immigration case in Louisiana, contact us today. Let us provide the knowledge and peace of mind you need to confidently sponsor your loved ones and successfully move through the U.S. immigration system.
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