Help Desk:
As a US citizen, I will file Form I-130 for my younger brother's immigration to United States. I know I need to file the Form I-864, Affidavit of Support, but not clear to file which I-864 form, such as I-864, I-864EZ, or I-864W?
Answer:
Form I-864 is also called the Affidavit of Support. The form I-864 is a contractual affidavit of support, and must be submitted for most family-based applicants and employment-based applicants when a relative is the petitioner or has ownership interest in the petitioning business.
There are two new forms: I-864EZ and I-864W. The Form I-864EZ is a shortened and simplified version of the Affidavit of Support. It can be used if all of the following three conditions apply: (a) the sponsor is the petitioner in a family-based case; (b) only one immigrant is being sponsored; and (c) the qualifying income comes from the sponsor’s salary or pension and the sponsor has W-2s. If all of the three conditions do not apply, then the sponsor must use the regular Form I-864. Therefore, the 1-864EZ cannot be used in the case of an employment-based petitioner, if more than one person is immigrating, if the sponsor is self-employed or is using financial assets to qualify, or if there is a joint sponsor or substitute sponsor.
The Form I-864W is the Intending Immigrant’s Affidavit of Support Exemption. By using the I-864W, the intending immigrant declares that s/he is exempt from needing an affidavit of support. Form I-864W can be used by an immigrant who has already been credited with 40 quarters of work by the Social Security Administration, an immigrant who will become a U.S. citizen immediately upon admission under the Child Citizenship Act of 2000, a self-petitioning widow/er, or the qualifying battered spouse or child who filed an I-360 Petition.
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