Ep. 25 Why do we need to Submit Form I-864 Affidavit of Support and who is Exempt?

  • Petitioner or sponsor for family-based US green cards
  • Affidavit of support’s purpose is to ensure the government that the immigrant is not inadmissible
  • List of people who are exempt and roles of a petitioner or sponsor
  • 40 social security quarters need to be earned lawfully – it cannot be unlawful
  • Needs to file I-864w to explain those who are exempted

Raw Transcript:

Jacob: Hello everybody Jacob Sapochnick here with another episode of Ask An Immigration Lawyer – you ask, we answer, simple.

Today we’re getting a question from our Facebook page and this is regarding affidavit of support form I-864. The question is why do we need the affidavit of support I-864 form? Who needs it and are there any exceptions from filing this form. Great question.

Well, as you know most people who are planning for family-based US green cards must, as part of their application, they have … their petitioner, their sponsor. Typically it’s the US citizen or permanent resident who file their I-130 petition, complete and submit an affidavit of support and currently the form is I-860 form.

And the purpose of the affidavit of support is to make sure that the government of United States can verify that the immigrant is not inadmissible and is someone likely to become a public charge. That means that receive government assistance. Like welfare and food stamps and things like that. The affidavit represents the petitioner, the sponsor promise to support this immigrant financially for a period of years. For example if it’s … if it’s a marriage case three years until the person becomes a citizen so that he or she will not need this kind of assistance. Or at least make sure they’re going to reimburse the government.

So that’s really why we need the I-860 for. So when people ask what is the sponsor thing it’s pretty much to make sure that the immigrant is not going to become a public charge. But there are exceptions. And so that people are exempt from the affidavit of support and most people are not familiar with the exemptions that do not need to submit the form.

These are people who are exempt: These people worked for 40 social security quarters in United States – so it comes to about ten years of work in the United States legally, be married while the US citizen spouse worked for 40 social security quarters – or a combination of these two things.

And so this thing … the promise behind this is that a financial sponsor’s responsibility last until the immigrant has, among other things, earn 40 work quarters toward social security. So one quarter is about three months. If you have already reached the 40 quarters on your own through lawful employment … it has to be lawful, it cannot be unlawful. For example if you worked on [inaudible 00:02:43] or H1B worker and then you don’t need a sponsor to submit an affidavit of support for you. And that’s good to know because it is an important exception.

And so even if you’re exempt I still recommend to file the I-864W as an exemption form to explain why you are exempt from filing the form and there you have it.

Hopefully you found this useful. Anymore questions go to askanimmigrationlawyer.com and post your questions. You can email them to us or you can post them on our Facebook page or on our YouTube channel.

Thanks for asking. Again, you ask, we answer, simple. And see you at our next episode.