> Information on Families

One of the most important factors regarding whether or not a person can immigrate to the United States, is an economic one. Congress has mandated that the immigrant, have a contractual obligation to support himself or herself, that is at least 125% of the minimum poverty guidelines. The Immigration & Naturalization Service (INS) implemented the form I-864 to establish such a contract. This form is required to indicate that an intending immigrant has adequate means of financial support, and is not likely to become a public charge.

The person completing the affidavit is the sponsor and must always be the petitioner. If the sponsor does not meet the required level of income, another person may be a joint sponsor. A sponsor's obligation continues until the sponsored immigrant becomes a U.S. citizen; can be credited with 40 qualifying quarters of work (10 years); departs the U.S. permanently; or dies. Divorce does not terminate the obligation for support.

By executing this form the sponsor agrees to support the intending immigrant and any spouse and/or children immigrating with her, and to reimburse any government agency or private entity that provides these sponsored immigrants with Federal, State or Local means tested public benefits.

The affidavit must be filed at the time an intending immigrant is applying for an immigrant visa or adjustment of status. It is required for all immediate relatives, including orphans, family based immigrants, and employment based immigrants, where a relative filed the immigrant visa petition or has a significant ownership interest (5 % or more) in the entity that filed the petition. Self-petitioning widower(s), battered spouses and children are exempt from this requirement.
A sponsor or joint sponsor, must also be:
* A citizen or national of the United States, or an alien lawfully admitted to the United States for permanent residence.
* At least 18 years of age and
* Domiciled in the United States or its territories and possessions.

As a sponsor, your household income must equal or exceed 125% of the federal poverty for your household size. For this purpose the household size includes yourself, all persons related to you by birth, marriage or adoption living in your residence, your dependents, any immigrants you have previously sponsored using INS form I-864 if that obligation has not terminated. The poverty guidelines are calculated and published yearly by the Department of Health and Human Services.
If you are currently employed, and have an individual income, which meets or exceeds 125 % of the Federal poverty line for your household size, you do not need to list the income of any other person. When determining your income, you may include the income generated by individuals related to you by birth; marriage or persons that have lived in your residence for the previous 6 months or that are listed as dependents on your most recent Federal income tax return. If you are married, you need to submit form I-864-A for your spouse!