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I- 864 Form Questions

Form I-864 is a legal agreement a U.S. citizen signs in order to act as a sponsor and to commit to providing support to a foreign national. Once signed, the sponsor’s obligation will continue until the immigrant naturalizes, can be credited with 40 quarters of work, decides to leave the United States permanently, or passes away. Listed below are a few questions answered by lawyers on Form I-864 related questions.

I am currently filing a Form I-864 and would like to know what a Form I-864A is used for?

A Form I-864A is used only if you have a family member living with you who has agreed to join their income to yours in order to help you qualify for your Form I-864.

What do we need to be aware of if we sign Form I-864 Affidavit of Support for a friend who is waiting for her husband to join her in the U.S.? She requires help as she does not possess the adequate income to sign it herself.

When you sign a Form I-864, you are essentially giving the government a promise that if your friend’s husband ever goes to jail, falls into government debt, or becomes a ward of the state, you will be financially responsible for him. This would hold true for ten years after he immigrates and will continue to hold true whether your friend stays with him or not, or even if they divorce. As you can see, this is not a promise you can undertake lightly as the government can enforce this in varying degrees and may or may not come after you if your friend’s husband becomes your ward.

I have a question on Form I-864 regarding Federal Income Tax Return. Since my wife is a student and doesn’t work, she doesn’t have a tax file. Can she just leave that section blank on the form?

No, she should not leave the section blank even if all she has to do is put a zero. However, she should first talk to an accountant to see if she was required to file taxes. If she has to file, irrespective of whether she was making money or not, it would be better to file her returns late.

Is there any way to petition to release my husband from a sponsor’s obligation after he sponsored his father on an I-864?

Once Form I-864 is approved, the obligation a sponsor has towards the sponsored immigrant lasts until one of the following happens:
  • The immigrant becomes a U.S. citizen,
  • The immigrant can show that he/she has worked, or can be credited with 40 quarters (usually 10 years) of coverage under the Social Security Act,
  • The immigrant is no longer a permanent resident and leaves the U.S.,
  • The immigrant becomes subject to removal, but is able to apply for and obtain in removal proceedings a new grant of adjustment of status, which is based on a new affidavit of support, if one is required; or
  • The immigrant dies.
There will be no exceptions to this rule as it is an agreement with the U.S. government and not between the parties.

When you file a Form I-864 for a joint-sponsor, do you need to submit a front and back copy of your birth certificate?

Yes. You would need to photocopy both sides of the birth certificate when you submit it along with the Form.

There are several factors like income, residence, age, citizenship requirements, and so on that help determine whether a U.S. citizen can be allowed to sponsor a foreign national. In certain cases, joint sponsors who meet all the above mentioned requirements can also help the petitioner in sponsoring a new immigrant.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34472
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
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Immigration Lawyers are Online Now

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