Which Immigrant Applicants Must File Form I-864, Affidavit of Support?
Based on the official instructions for Form I-864, this article explains that family-based immigrants and immediate relatives of U.S. citizens generally must file the affidavit of support, while employment-based immigrants need to file only when the employer is a relative or a company in which a relative holds more than 5 percent. It also lists exceptions and addresses whether derivative applicants in an employment-based case must file Form I-864.
Reader question: Hello Teacher Yang, I would like to ask: when an EB1 principal applicant files Form I-485 and at the same time files Form I-485 for a family member who is currently working on OPT, is it still necessary to submit Form I-864 for that family member? Thank you very much!
Official Filing Instructions
The official filing instructions for Form I-864 provide clear guidance on this:
- All family-based immigrants and immediate relatives of U.S. citizens must file Form I-864.
- For employment-based immigrants, if the employer is your relative, or your relative owns more than 5% of the company, you must file Form I-864. Other employment-based immigrants do not need to file Form I-864.
Exceptions:
- Those who have earned 40 quarters of work credits are not required to file.
- Those who will automatically acquire citizenship upon immigration are not required to file (children born abroad to U.S. citizens).
- Widows/widowers or abused spouses and children whose I-360 petition has been approved.
Returning to the reader's question:
- If his employment-based immigration petition was not filed by a relative or a company in which a relative owns 5% or more, then Form I-864 is not required.
- His spouse is a derivative applicant, not a family-based immigrant, and therefore does not need to file Form I-864.
Responsibilities and Requirements of the Sponsor
See also: [https://gonglue.us/38873]
