Who should file the I-864 affidavit of support?

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A sponsor completes Form I-864, Affidavit of Support, on behalf of the intending immigrant. Generally, the sponsor must:

  • Be a U.S. citizen, U.S. national or lawful permanent resident age 18 or older;
  • Have income 125% above the federal poverty line; and
  • Prove the United States is his or her country of domicile.

At the time of applying for a green card, the following immigrants are required by law to submit Form I-864 completed by the sponsor:

  1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);
  2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older); and
  3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.

Sources: USCIS

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