Guide to Form I-864P

The United States wants its immigrants to be financially stable. They should be able to support themselves. If not, a sponsor is granted the right to support them. The sponsor has to fill form I-864P for the same. This sponsor could be related to immigrants, like their spouse, adoptee, child, parent, and sibling. 

What Is Form I-864P?

Form I-864P is a form that the sponsor fills on behalf of the immigrant or family of immigrant members that seeks support. It is also popularly known as the Affidavit of Support. 

This form entails the contractual relationship between the sponsor and the US government. It also acts as evidence that the immigrant will be provided with financial support by the sponsor. 

Difference From Form I-864

Form I-864 is required for family-based immigrants to show that the to-be immigrant is financially sound and will not become a public charge.  

Who Is Eligible For Having A Sponsor?

For a person to act as a sponsor for a US immigrant, he should follow certain eligibility criteria. This criterion says:

• The person should be a US citizen, US national, or a permanent resident with a Green card
• The person should be 18 years of age or older
• The person should be a US resident (if living abroad, he should prove that residency abroad is temporary)

Sponsorship Qualifications

The other sponsor qualifications that are related to financial requirements include:

• The sponsor should have an annual income of at least 125% of the Federal Poverty Guidelines. This percentage increases as the number of dependents in the family increases. 
• The above financial requirement not only counts annual income but can also include the cash value of assets. The sponsor’s assets like property, stocks, bonds, and cash add up in meeting the financial requirement. 
• The beneficiary’s spouse seeking a green card can also add up his income to meet the financial requirement. However, it should be ensured that the income is constant and will continue even after issuing a green card. 

How To Calculate Sponsor Income?

To calculate the sponsor income, certain elements need to be taken into consideration. These include:

Type Of Income Covered

Several types of income are included, like salary, wages, alimony, child support, retirement benefits, interests, and other income under the annual income requirement. It is also termed as the household income. 

Number Of Family Members

The poverty line amount increases as the number of household members in the immigrant’s family increases. The Poverty Guidelines mention minimum poverty line income valid in different states as per the number of family members. This forms an integral part of calculating the sponsor’s income.

Cash Value Of Assets

The asset value other than the annual income is also used to meet the financial requirement. However, there is a minimum cash value amount that should be fulfilled to make it eligible.

According to rules, the minimum cash asset value amount for sponsors that is a child or spouse of US citizen is calculated as:

Minimum cash asset value = 3 x [125% (poverty line income requirement) – annual household income]

The annual household income is the annual income excluding the cash value of assets. 

The minimum cash asset value amount for sponsors (other than not covered under the above category) is calculated as:

Minimum cash asset value = 5 x [125% (poverty line income requirement) -annual household income]

However, in case the sponsor is currently serving the US Armed Forces, the 125% is replaced with 100% in calculating the minimum cash asset value. This means they should have an annual income equal to more than the minimum income requirement.  

Joint Sponsors

The income of immigrants can also be considered in meeting the total household income. However, their income should meet the 125% income requirement alone. Each joint sponsor has to meet the financial requirement alone to be eligible to be a joint sponsor and not jointly. 

The State To Which Sponsor Belongs To

Each state has a different minimum income requirement (i.e., poverty line), except for Alaska and Hawaii. All other states follow the same minimum income requirement used to complete form I-864. 

Finally, you need to get the poverty guidelines that mention each minimum poverty line amount to calculate the sponsor’s income.

For example: if an immigrant has four family members and resides in one of the 48 contiguous States, the sponsor’s annual income should be 25% more than the minimum income requirement as per the poverty line i.e., $32,750. Therefore, the income should be more than $40,937.5 (i.e., 125% of $32,750) to make you eligible to be a sponsor. 

Joint And Substitute Partners

A joint partner or sponsor is a person who accepts meeting the financial responsibility of the immigrant along with the main sponsor. 

Who can be a joint sponsor? A joint sponsor has to be related to the immigrant or his family in some way. Both the sponsors are not necessarily required to be related to the immigrant in some form. 

A joint sponsor must meet all the other requirements of being a sponsor similar to the main sponsor. In meeting the financial responsibility i.e., 125% of the poverty line income requirement, each sponsor should meet it alone. Both of their incomes are not combined to meet the criteria. 

Who is a substitute sponsor? A substitute sponsor is the one who takes the place of the main sponsor if the main sponsor dies before the approval of the I-864P form. In such a case, a substitute sponsor can help the immigrant by filling the I-864P form again. 

The eligibility criteria of being a substitute sponsor include:

• The person can be a spouse, legal guardian, parent or parent-in-law, grandparent, grandchild, sibling or sibling-in-law, or child or child in law
• The person must be 18 years or older
• The person must be a US citizen and a US resident
• The person should meet the income requirement. 

When To Not Submit Form I-864P?

There are some instances in which an immigrant does not require a sponsor or needs to submit form I-864P. These situations include:

• If the immigrant has already completed 40 quarters of work as per the Social Security Act requirement
• If the immigrant is an offspring of a US citizen and has also received Green Card acceptance for permanent residence after date 27 Feb 2001
• If the immigrant has got Form I-360 approved and is either a self-petitioning widower or battered spouse or child
• If the immigrant was an orphan adopted by a US citizen and the adoption procedure was completed before the orphan got the Green Card for permanent resident

Read More

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• How Many Citizenships Can You Have?
• How Do I Know Which USCIS Service Center?
• How Do I Know If USCIS Received My Application?
• What “Country of Residence” and How to Know Yours When on a Visa
• How to Check Dropbox Eligibility with the App

Conclusion

Form I-864P is for immigrants who are not financially strong to gain permanent residence in the US. Such immigrants can seek help from a sponsor, and the form is filled by the sponsor. The form I-864P is available at the United States Citizenship and Immigration Services (USCIS) official website.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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