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Affidavit Of Support i-864 Form: What You Should Know

Affidavit of Support — Form I-424 — Employment-Based (Family) Sponsored (H-1B/H-2B, Non-immigrant).

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FAQ - Affidavit Of Support i-864

Does my wife need to file ‘Form I-864‣ (affidavit of support)? She has her self-petition EB1A petition approved. She is applying for her change of status.
No.An I-864 Affidavit of Support is not needed for Adjustment of Status in an employment-based category unless the petitioning business is 5% or more owned by the applicant’s family. Since this petition was not filed by a business, an I-864 Affidavit of Support is not needed.
How should a petitioner fill in Part 5 Household Size of the form I-864 Affidavit of support if he would like to sponsor 2 principal immigrants at the same time? Each family has 4 members.
Each principal beneficiary (and their family) is petitioned with a separate I-130 petition, and each I-130 petition has a separate I-864 Affidavit of Support. Each family’s I-864 does not count the other family in the “family members” in Part 3 (note that it says “Do not include any relative listed on a separate visa petition.”).If the two I-864s are filed at the same time for the two families, then each family’s I-864’s household size (Part 5) would just count the number of people immigrating in that family, which is 4 (item 1), the petitioner (item 2), and the petitioner’s spouse (item 3), dependent children (item 4), and other tax dependents (item 5), if there are any. It would not count anyone from the other family.On the other hand, if one I-864 is filed for one family, and that family has already immigrated before the second I-864 is filed for the other family, then the first family’s members will need to be counted in Part 5 item 6 (people sponsored on Form I-864 who are now lawful permanent residents) for the second family’s I-864.
Is it mandatory to bring the I-864 (Affidavit support) and federal income tax to the visa interview for the F1 family case?
The I-864 form was submitted with the immigrant visa case, so they already have the original. It is not necessary to prepare another I-864 unless the sponsor’s income situation changed. However, for any documents for which a copy was submitted during the immigrant visa case, including a copy of the sponsor’s tax return for the I-864, you should bring the original copy to the interview.
Do I still need a sponsor if I theoretically decided to apply for a DV lottery and won it?
Let’s clear up some confusion - if you’ve won the DV lottery, you don’t need a petitioner - an employer or family member petitioning for you.But you may still need a financial sponsor if you can’t otherwise prove the ability to support yourself here (from employment, personal assets, etc.) While they don’t make a financial sponsor sign the long and legally onerous I-864 affidavit of support form, they may require someone with sufficient income to sign the less burdensome I-134 Affidavit of Support.Speak with a lawyer for further guidance.
What benefits are provided to DV lottery winners after winning the lottery?
Adult new immigrants are barred from receiving federal means-tested benefits the first five years. Minor children under 18 are eligible if the household income and assets are equal to or less than established limits. All green card holders are eligible to apply for (not free) health insurance through ACA exchanges and seek higher education grants and loans through FAFSA. All legal immigrants, including DV lottery winners, have at least one sponsor who signed a legally binding affidavit of support promising to repay the US government if the immigrant takes means-tested benefits the first ten years of residency or until the immigrant naturalizes as a US citizen. Compared to Canada and Europe, US tax-funded benefits are sparse. US citizens and immigrants are expected to work and provide for themselves and accept public assistance only to get over temporary economic difficulties, such as unemployment.
If a Mexican citizen and a US citizen are married and living in Mexico, can the Mexican citizen become a US citizen, or must they live in America?
I am assuming the spouse of the US citizen does not have a green card. The short answer is both the US citizen/petitioner and the Mexican citizen/beneficiary must live in the US.Now for the long answer, the process for getting a green card is long and complicated. However, as the spouse of a US citizen you are in luck! You will qualify for the family based spousal green card. The highest priority for a green card is given to the spouse of a U.S. citizen. This category of immigrant is not required to get a visa before applying for their green card. First the US Citizen/petitioner must file an I-130 - Immigrant Petition for Alien Relative. This form tells the US immigration services that a US citizen wants to bring their immigrant spouse to the US. You can file this form while living in Mexico. There is no requirement to be living in the US when filing an I-130. When living outside the US, you should mail your I-130 to the USCIS Chicago Processing Center (Attn: I-130, 131 South Dearborn-3rd Floor Chicago, IL 60603-5517)Now to answer your questions. Where you will run into issues living outside of the US is with the I-864 - The Affidavit of Support. According to the USCIS, this document shows that the petitioner accepts financial responsibility of an immigrant who is coming to the US. Basically, the US citizen who signs this form becomes the sponsor. In order to be a sponsor for the I-864, you must have a US domicile and the I-864 must be submitted by an I-130 petitioner.The good new, however, it that the UCSIS sees it sufficient for the US citizen petitioner to show evidence that they will return to the US once the I-130 is approved and the immigrant is eligible for an immigrant visa.Once you are in the US and ready to submit your I-864 and any other documents you can use a service like SimpleCitizen | The Digital Immigration and Visa Solution to guide you through the process.
How can individual US citizens sponsor refugees?
Donating to a support organization is a great idea and an excellent use of your money to support many people.On a one-to-one basis, you can also support orphans that are refugees by applying to bring them to the U.S. (not always doable and not always a real orphan).  Alternatively, many refugees are in the U.S., but wanting to bring family members that are refugees:  in those cases some refugees do not have money to do the financial sponsorship for their family members or pay the legal costs to apply to bring their family to the U.S., in those cases assisting with legal fees or helping with an I-864 (WARNING: Major risks involved, be sure to consult an attorney so you fully understand what you are getting into) may be of benefit on a one-on-one basis.Note, as Annika Schauer stated, a refugee application does not need an affidavit of support / I-864.  However, sometimes a refugee wants to bring a family member that does not qualify or the person missed the window to sponsor a family member as a refugee, and as a result needs to do a standard petition and show financial sponsorship.
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