How to Become a Sponsor of a Green Card Applicant in Miami
Updated on Thursday 16th February 2017
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If you are a U.S. citizen or a green card holder (a lawful permanent resident) and you submit a petition to the U.S. government for a family member to receive a green card, you must also consent to sponsor the green card applicant in Miami financially.
The I-864 Form
The I-864 Form, also called the Affidavit of Support, is a legally binding contract between a U.S. citizen or green card holder (a sponsor) and the government of the U.S. The “consideration” of the contract is the immigrant’s intention to become a permanent resident in the U.S. Our Miami immigration attorneys can further explain the details of this contract.
The form has to prove that you as the sponsor, are able to become a sponsor for the green card applicant in Miami, meaning that you dispose of enough income and/or assets to support the intending immigrant and the rest of your family at 125% of the Federal Poverty Guidelines. The percentage is lower, to 100%, if you are on active duty in the U.S. Armed Forces and the person is your spouse or unmarried child under 21 years of age.
The presentation below offers more details on this subject:
In the I-864 Form, you will have to prove not only that your income and assets are substantial enough in order to avoid that the immigrant should become a public charge, but also that you assume the responsibility of paying back the government if the immigrant at some stage claims certain public assistance benefits.
End of the sponsor’s obligations in Miami
When you sign the I-864 Form, you enter into an enforceable contract with the government of the U.S. Your obligations as a sponsor of the green card applicant in Miami end only in the following cases:
• The immigrant has become a citizen of the U.S.;
• The green card petitioner has earned 40 work quarters in the country (approximately ten years as stated by the Social Security Administration);
• The permanent residency applicant died; or
• He or she permanently departed from the U.S.
According to the I-864 Form, in case of divorce, you still have to sponsor the green card applicant in Miami.
Exceptions to the sponsor obligations in Miami
In certain cases, the applicant will not have to be financially sustained. These cases include the following circumstances:
• If the applicant has already legally worked in the U.S. for 40 quarters, maybe by being previously a nonimmigrant visa holder or by previously being issued a work permit;
• If the applying married partner already has worked 40 quarters during the time he or she was married to the sponsor; or
• If the green card candidate is a child who will be granted the U.S. citizenship straightaway after his or her arrival or entry inside the country for a green card.
In any of these circumstances, the green card applicant will have to file a form called I-864W to declare the exception.
Please contact one of our immigration lawyers in Miami for further information.