Do You Need Form I-864 for Form I-751? | Arvian Immigration Law Firm
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Is Form I-864 Needed for I-751?

The procedure of relocating to the United States is frequently intricate and necessitates a substantial amount of documentation and procedures. As a consequence thereof, numerous individuals seeking permanent residency or other visa benefits have inquiries regarding the requisite forms to be completed. One query pertains to the necessity of Form I-864, the Affidavit of Support, in conjunction with the completion of Form I-751, the Petition to Remove Conditions on Residence. In the present document, we shall provide a comprehensive analysis of both aforementioned forms, elucidate their respective objectives and prerequisites, and provide a response to the inquiry in question.

Affidavit support form I 864

I hereby submit this Affidavit of Support in connection with Form I-864.

The Affidavit of Support, also known as Form I-864, is a legally enforceable document that a sponsor, who must possess U.S. citizenship or valid permanent residency, executes on behalf of an individual seeking to relocate to the United States. This document is a requisite for numerous family-based and certain employment-based immigrants, serving as evidence of their financial sufficiency and non-liability to become a public charge. The crux of the matter is that the supporter bears the financial responsibility for the immigrant until such time as the latter attains U.S. citizenship or completes 40 quarters of work in the U.S., which is tantamount to approximately a decade.

The Affidavit of Support necessitates that the sponsor provide precise details regarding their earnings, possessions, and employment. The aforementioned data is utilized to ascertain whether the sponsor’s earnings and possessions satisfy the requisite threshold, typically amounting to 125% of the Federal Poverty Guidelines corresponding to their household magnitude. In the event that the sponsor’s monetary funds and assets fail to satisfy the minimum prerequisites, it may be necessary for them to procure the assistance of an additional individual who can contribute to the financial support of the immigrant.

Form I 751 Instructions

Please be advised that the undersigned hereby submits Form I-751, which is a request to remove residency conditions.

The document known as Form I-751, commonly referred to as the Petition to Remove Conditions on Residence, is completed by individuals who hold conditional permanent residency status. Said individuals were granted a two-year conditional residency status on the basis of their marriage to either a United States citizen or a legal permanent resident. The objective of the present document is to obtain a permanent residency status for a period of ten years and eliminate any limitations on the individual’s ability to reside within the aforementioned location. In order to effectuate this process, prospective petitioners are required to duly complete and submit Form I-751 no later than 90 days prior to the expiration of their conditional permanent residency.

In order to lift the limitations on residency, it is incumbent upon the candidates to demonstrate that they entered into matrimony in bona fide fashion and not solely for the purpose of obtaining immigration advantages. The evidence presented may encompass, though not exclusively, shared financial records such as bank statements, tax filings, and rental or home loan contracts.

The aforementioned documents, namely utility bills, rental agreements, and property records, may serve as evidentiary support for cohabitation.

Affidavits from individuals who possess personal knowledge and can attest to the authenticity of the marital union.

Exhibits such as photographs, correspondences, and various paraphernalia serve as evidence of the cohabitation of the individuals in question.

It is requested that clarification be provided as to whether Form I-864 is required for I-751.

In response to the inquiry regarding the necessity of Form I-864 in conjunction with the submission of Form I-751, the succinct response would be in the negative. Whilst the Affidavit of Support holds significant importance in various immigration procedures, it is not a prerequisite for the Petition to Remove Conditions on Residence.

The primary objective of Form I-751 is to demonstrate the authenticity of the marriage and the continued dedication of both parties to each other. As a consequence thereof, the applicant is not obligated to submit Form I-864, which pertains to the sponsor’s financial obligation. Whilst the financial standing of the sponsor may hold significance in other facets of the immigration proceedings, it does not serve as a determinative element in the elimination of restrictions on residency.


In summation, it is not requisite to submit Form I-864 in conjunction with the filing of Form I-751. Whilst the Affidavit of Support holds significance in the immigration process for certain categories of petitioners, it is not mandatory for individuals seeking to have their residency conditions removed. It is imperative that individuals undergoing the U.S. immigration system are cognizant of the requisite forms and criteria that pertain to their particular circumstances in order to ensure a seamless and prosperous process.

It is to be duly noted that while Form I-864 is not a requisite for Form I-751, it is imperative to acknowledge that a conditional permanent resident may be required to furnish Form I-864 in the event that they intend to sponsor an immigrant in the future. In this particular instance, it shall be incumbent upon the sponsor to satisfy the prescribed criteria pertaining to income and assets, and further undertake to bear the expenses associated with the sponsorship of an immigrant.

For the purpose of ensuring a seamless immigration process, it is advisable for applicants to engage the services of an immigration lawyer or an authorized agent who can provide tailored guidance and assistance. Legal professionals are capable of elucidating the regulations, completing and submitting documentation, and providing counsel on the optimal approach to manage each matter.

In brief, individuals with a vested interest in the United States immigration process must be cognizant of the distinctions between Form I-864 and Form I-751. It is to be noted that Form I-864 pertains to the financial obligation of a sponsor, whereas Form I-751 is primarily concerned with verifying the authenticity of a marriage and the continued existence of the marital union. Through a comprehensive understanding of the purpose and requirements of each form, petitioners can more effectively navigate the intricate immigration process and achieve their desired outcomes.

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