Determine Whether You Are Eligible to Become a Sponsor for I-864
Sponsors who are petitioning relatives, and joint-sponsors (do not have to be relatives of intending immigrant) who are willing to accept joint and several liability may submit form I-864. Sponsors should be US citizens or lawful permanent residents. In addition, sponsors and joint sponsors must be individuals (not corporations/Organizations) who are at least 18 years of age and residing in the United States or any territory of the United States.
Determine Whether You Need to file I-1864
You are required to file Form I-864 for immediate relatives, family based immigrants in preference categories, and certain employment based intending immigrants where the petitioning employer is a USC/LPR and also a relative of the intending immigrant. However, If you are an Intending immigrant who earned / can be credited with 40 quarters of coverage according to SSA regulations, Diversity immigrant, Special immigrant such as Amerasian, or if your child will become US citizen upon admission under INA section 320. You are exempt from filing I-864. For these cases, you will have to file I-864W. When you are in doubt as to what to do consult a competent immigration attorney in your area.
Add Extra Sheet for Explanations, If Needed
Write legibly in Black. If your situation is unique and needs an explanation, attach an extra sheet. Write petitioner's name, green card number if applicable, beneficiary's name and case number at the upper right hand corner. Also include the Part and item number you are explaining. Date and sign the sheet.
Calculate Household Size
If the intending immigrant falls into a preference category (F1, F2A, F2B, F3, F4 etc.), and the intending immigrant brings derivatives, on the Form I-864, check "yes" in part 3 item 1. Also check Part 3 item 2. List derivative on family member's section (item 2.a to 6.f.) Count yourself, your household members, any other dependents, intending immigrant, derivatives, and if you have previously filed I-864 for a person that person when calculating household size. Enter the total number in Part 3 item 7. (This number should be same as Part 5 item 1.) Eg 1: Sponsor A is a lawful permanent resident who files F2A petition for his spouse and listed his 2 children as derivatives on the same application. Currently sponsor A's parents also live with him in the same house hold. Sponsor A previously filed I-864 for his nephew. Sponsor A's house hold size is 7. (Sponsor A+ two parents+ spouse + two children+ nephew) However, if the sponsor is a US Citizen who needs to file petitions for his immediate family members, the sponsor will have to file separate petitions for each family member. (Derivatives are not allowed in petitions filed by US citizen to bring his immediate relatives.)Then on Form I-864, part 3, sponsor only checks part 3 item 1 ( but not 2) he counts only the principal beneficiary as his household member and not the other intending immigrants who would have separate petitions. Eg2: Sponsor B is a USC who files separate petitions for his parents who will immigrate to United States at the same time. Sponsor B lives with his wife and two kids. On form I-864 of parent 1, sponsor should check part 3, item 1 and leave blank on item 2. He counts only parent one when calculating household size for Parent 1's petition. For Parent1, Sponsor B's house hold size is 5 (Sponsor B+ wife & two kids+parent 1). Similarly, on Parent2's I-864 he counts only parent2 but not parent 1.
Determine Your Household Income
When determining your income, use total gross income from your most recent tax return. If you have filed 1040EZ, then use adjusted gross income from your tax return - submit IRS issued tax transcript for the most recent tax year. o Use federal Poverty guideline to see your income is sufficient for your house hold size. It should be 125% of Federal poverty guidelines.
When You Do Not Have a Sufficient Income...
If you have an income below 125% of federal poverty guidelines, then you have a deficit in income and your income is not sufficient for the purpose of filing I-864. In this situation, try using the following. Use your household members' income. If you use household members' income, also prepare and sign I-864A. If the household members income is not enough, use your/household members assets (if any) to cover the deficit. If you are using Assets, it should be three times the deficit. Eg 3: Sponsor A's household size is 7. Sponsor A's income is 40,000. 2014 Federal poverty guideline shows that 125% income for house hold size 7 is 45,037. Sponsor A has a deficit of 5,037. He can use other household members' income to cover $ 5037. Or he can also use his/ household members assets worth about 15,111 to cover this deficit. If you or your household members do not have assets to cover the deficit, then find a joint sponsor who is willing to accept joint and several liability. Finally, make sure that you have signed and date the I-864.
This article does not create attorney client relationship and it must not be considered legal advice. This article is purely for informational purposes only. Immigration law changes frequently, the information provided in here may out dated with the time. Therefore, always check the current laws. The only way to determine how the law may apply to your particular case is to consult with an immigration attorney licensed in your jurisdiction.
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