Sponsor Requirements for I-864 Affidavit of Support

Green Cards > Family Immigration > Sponsor Requirements for I-864 Affidavit of Support
 

An Affidavit of Support, Form I-864, is legally required for many family-based immigration cases, and some employment based immigration cases.  In order to qualify as a Form I-684 Sponsor, a individual must meet the following requirements:

• Sponsor must be at least 18 years old an either an American citizen or a lawful permanent resident.
• Sponsor must have a domicile (residence) in the United States.

The term “domicile” is a complex legal term.  In order to qualify as a sponsor, the relevant individual must have a principal residence in the United States, and intend to maintain it indefinitely.  Additionally, lawful permanent residents (“LPR”) must show they are maintaining their lawful permanent residence status.

However, many U.S. citizens and LPRs reside outside of the United States on a temporary basis.  In this case, the sponsor living abroad must provide proof of the following elements in order to be considered “domiciled” in the United States:

• Sponsor left the US for a limited and not indefinite period;
• Sponsor intended to maintain domicile in the United States;
• Sponsor has evidence of continued ties to the Unites States.

Please note, a U.S. citizen or lawful permanent resident who is not “domiciled” in the United States may not be a sponsor.  If an individual has been domiciled outside of the United States, he or she may reestablish domicile.  In order to reestablish domicile, the sponsor must take various steps to show that the United States is his/her principle place of residence.  Examples of such steps include:

• Finding employment in the United States;
• Securing a residence in the United States;
• Registering children in United States schools;
• Relinquishing residence abroad.