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I-864 for Spouses part 4

January 29, 2017 by Thomas Geygan

Hispanicfamily oncouchWhat is Form I-864 EZ?

The primary Affidavit of Support Form is Form I-864. A shorter Form I- 864EZ may be used instead when the sponsor is petitioning for only one family member (i.e., the spouse), is employed (but not self-employed), and will satisfy the financial requirements through the sponsor’s income only (not assets, and not using income from any other person).

What is Form I-864 A?

The I-864A is the contract between the sponsor and any household member promising to make her or his income and/or assets available to the sponsor to help support the sponsored immigrant. The combined signing of this form constitutes an agreement that the household member is responsible with the sponsor, for the support of the intending immigrant. A separate I-864A must be used for each household member whose income and/or assets are being used by the Sponsor to qualify. The form must be submitted with Form I-864. Qualifying household members include any relative with the same principal residence as the sponsor and who is related to the sponsor as a spouse, adult child, parent, or sibling. It also includes a relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor’s most recent federal income tax return, even if that person does not live at the same residence as the sponsor.

Affidavits of Support for K-1/K-3 Visas

The K-1 or K-3 beneficiary also must demonstrate to the consular officer he or she will not become a public charge while in the United States in that non-immigrant status. But the more detailed I-864 is not required, at least to procure the K-1/K-3 visa. Instead, Form 1-134, Affidavit of Support, will likely be required, which is a much simpler form. It is a one-page document, front and back, and income information, bank statements, a job letter, and a tax return typically are required. Sometimes (but not always) joint sponsors are allowed regarding I-134s.

Fiance(e)s entering on a K-1, fiance(e) visa, who then marry a US citizen within ninety days, and K-3 applicants once in the United States, may file for adjustment of status as explained above. Despite a prior submission of a Form 1-134, Affidavit of Support, for their non-immigrant petitions, they will have to submit the I-864, Affidavit of Support, when they apply for adjustment of status.

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Filed Under: AOS Marriage

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