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The journey to becoming a permanent resident in the United States often involves numerous steps and requirements, one of which may include the Affidavit of Support, formally known as the USCIS I-864 form. This legally enforceable document is not just a formality but a crucial step in the immigration process for both sponsors and immigrants. It serves as a promise by the sponsor to support the immigrant financially, ensuring that the person immigrating will not become dependent on public benefits. By signing the I-864, sponsors commit to providing financial support to the immigrant if necessary, which underscores the importance of understanding the commitments and liabilities entailed. This affidavit plays a pivotal role in family-based immigration and some employment-based cases, making it a cornerstone document in the path to gaining lawful permanent residency. Its implications are far-reaching, not only facilitating the immigration process but also ensuring that newcomers have a safety net upon arriving in the United States.

Form Preview Example

Affidavit of Support Under Section 213A of the INA

USCIS

Form I-864

Department of Homeland Security

OMB No. 1615-0075

U.S. Citizenship and Immigration Services

Expires 10/31/2021

For

USCIS

Use

Only

Affidavit of Support Submitter

Petitioner

1st Joint Sponsor

2nd Joint Sponsor

Substitute Sponsor

5% Owner

Section 213A Review

MEETS

DOES NOT MEET

requirements

requirements

 

 

 

 

 

Reviewed By:

 

 

 

Office:

 

 

 

 

Date (mm/dd/yyyy):

Number of Support Affidavits in File

1

2

Remarks

To be completed by an

Select this box if

 

Attorney State Bar Number

 

 

Attorney or Accredited Representative

 

Form G-28 or

 

(if applicable)

 

 

USCIS Online Account Number (if any)

 

attorney or accredited

 

 

 

 

G-28I is attached.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

representative (if any).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

►START HERE - Type or print in black ink.

Part 1. Basis For Filing Affidavit of Support

I,

 

,

am the sponsor submitting this affidavit of support because (Select only one box):

1.a.

I am the petitioner. I filed or am filing for the

 

immigration of my relative.

1.b.

I filed an alien worker petition on behalf of the

 

intending immigrant, who is related to me as my

Mailing Address

(USPS ZIP Code Lookup)

 

 

2.a. In Care Of Name

2.b. Street Number

and Name

2.c. Apt. Ste. Flr.

2.d. City or Town

1.c.

I have an ownership interest of at least 5 percent in

 

 

 

which filed an alien worker petition on behalf of the

 

intending immigrant, who is related to me as my

1.d.

 

I am the only joint sponsor.

2.e. State

2.g. Province

2.h. Postal Code 2.i. Country

2.f. ZIP Code

1.e.

I am the

first

second of two joint sponsors.

1.f.

The original petitioner is deceased. I am the

 

substitute sponsor. I am the intending immigrant's

 

 

 

 

 

 

 

 

NOTE: If you are filing this form as a sponsor, you must include proof of your U.S. citizenship, U.S. national status, or lawful permanent resident status.

Other Information

3.Country of Citizenship or Nationality

4.Date of Birth (mm/dd/yyyy)

5.Alien Registration Number (A-Number) (if any)

►A-

Part 2. Information About the Principal Immigrant

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

6.USCIS Online Account Number (if any)

►

7.Daytime Telephone Number

Form I-864 10/15/19

Page 1 of 10

Part 3. Information About the Immigrants You Are Sponsoring

1.I am sponsoring the principal immigrant named in Part 2.

Yes

No (Applicable only if you are sponsoring

 

family members in Part 3. as the second

 

joint sponsor or if you are sponsoring

 

family members who are immigrating

 

more than six months after the principal

 

immigrant)

2. I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2. (Do not include any relative listed on a separate visa petition.)

3. I am sponsoring the following family members who are immigrating more than six months after the principal immigrant.

Family Member 1

4.a. Family Name

(Last Name)

4.b. Given Name

(First Name)

4.c. Middle Name

5.Relationship to Principal Immigrant

6. Date of Birth (mm/dd/yyyy)

7.Alien Registration Number (A-Number) (if any)

► A-

8.USCIS Online Account Number (if any)

►

Family Member 2

9.a. Family Name

(Last Name)

9.b. Given Name

(First Name)

9.c. Middle Name

10.Relationship to Principal Immigrant

11. Date of Birth (mm/dd/yyyy)

12.Alien Registration Number (A-Number) (if any)

► A-

13.USCIS Online Account Number (if any)

►

Family Member 3

14.a. Family Name

(Last Name)

14.b. Given Name

(First Name)

14.c. Middle Name

15.Relationship to Principal Immigrant

16.Date of Birth (mm/dd/yyyy)

17.Alien Registration Number (A-Number) (if any)

► A-

18.USCIS Online Account Number (if any)

►

Family Member 4

19.a. Family Name

(Last Name)

19.b. Given Name

(First Name)

19.c. Middle Name

20.Relationship to Principal Immigrant

21.Date of Birth (mm/dd/yyyy)

22.Alien Registration Number (A-Number) (if any)

► A-

23.USCIS Online Account Number (if any)

►

Family Member 5

24.a. Family Name

(Last Name)

24.b. Given Name

(First Name)

24.c. Middle Name

25.Relationship to Principal Immigrant

26.Date of Birth (mm/dd/yyyy)

27.Alien Registration Number (A-Number) (if any)

► A-

28.USCIS Online Account Number (if any)

►

Form I-864 10/15/19

Page 2 of 10

Part 3. Information About the Immigrants You Are Sponsoring (continued)

29. Enter the total number of immigrants you are sponsoring on

this affidavit which includes the principal immigrant listed

in Part 2., any immigrants listed in Part 3., Item

Numbers 1. - 28. and (if applicable), any immigrants listed

for these questions in Part 11. Additional Information.

Do not count the principal immigrant if you are only

Sponsor's Physical Address

4.a. Street Number

and Name

4.b. Apt. Ste. Flr.

4.c. City or Town

sponsoring family members entering more than 6 months

after the principal immigrant.

Part 4. Information About You (Sponsor)

Sponsor's Full Name

4.d. State

4.f. Province

4.g. Postal Code

4.h. Country

4.e. ZIP Code

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

Sponsor's Mailing Address

2.a. In Care Of Name

2.b. Street Number

and Name

2.c. Apt. Ste. Flr.

2.d. City or Town

2.e. State

 

2.f. ZIP Code

 

 

 

2.g. Province

2.h. Postal Code

2.i. Country

3.Is your current mailing address the same as your physical

address?

Yes

No

 

If you answered "No" to Item Number 3., provide your physical address in Item Numbers 4.a. - 4.h.

Other Information

5.Country of Domicile

6. Date of Birth (mm/dd/yyyy)

7.City or Town of Birth

8.State or Province of Birth

9.Country of Birth

10.U.S. Social Security Number (Required)

 

►

 

 

 

 

 

 

 

 

 

Citizenship or Residency

 

 

 

 

 

 

11.a.

I am a U.S. citizen.

11.b.

I am a U.S. national.

11.c.

I am a lawful permanent resident.

12.Sponsor's A-Number (if any)

► A-

13.Sponsor's USCIS Online Account Number (if any)

►

Military Service (To be completed by petitioner sponsors only.)

14.I am currently on active duty in the U.S. Armed Forces

or U.S. Coast Guard.

Yes

No

 

Form I-864 10/15/19

Page 3 of 10

For

USCIS

Use

Only

Part 5. Sponsor's Household Size

NOTE: Do not count any member of your household more than once.

Persons you are sponsoring in this affidavit:

5.

6.

Retired Since (mm/dd/yyyy)

Unemployed Since (mm/dd/yyyy)

1.Provide the number you entered in Part 3., Item Number

29.

Persons NOT sponsored in this affidavit:

2. Yourself.

3.If you are currently married, enter "1" for your spouse.

4.If you have dependent children, enter the number here.

5.If you have any other dependents, enter the number here.

6.If you have sponsored any other persons on Form I-864 or Form I-864EZ who are now lawful permanent residents,

enter the number here.

7.OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form

I-864A, enter the number here.

8.Add together Part 5., Item Numbers 1. - 7. and enter the number here.

Household Size:

Part 6. Sponsor's Employment and Income

I am currently:

1. Employed as a/an

2.Name of Employer 1

7.My current individual annual income is:

$

Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.

Person 1

8.Name

9.Relationship

10.

Current Income

$

 

Person 2

 

 

 

 

11.

Name

 

 

 

 

 

 

12.

Relationship

 

 

 

 

 

 

13.

Current Income

$

 

 

 

 

 

 

Person 3

14.Name

15.Relationship

16. Current Income

$

Person 4

3. Name of Employer 2 (if applicable)

17. Name

 

 

 

 

4.

Self-Employed as a/an (Occupation)

18.

Relationship

 

 

 

 

 

 

 

 

 

19. Current Income

$

Form I-864 10/15/19

Page 4 of 10

For

USCIS

Use

Only

Household Size

1 2 3

4 5 6

7 8 9

Other

Poverty Guideline

Year: 2 0

Poverty Line:

$

Remarks

Part 6. Sponsor's Employment and Income

(continued)

20.My Current Annual Household Income (Total all lines from Part 6. Item Numbers 7., 10., 13., 16., and 19.; the total will be compared to Federal Poverty Guidelines on

 

Form I-864P.)

$

 

 

 

 

 

 

 

21.

The people listed in Item Numbers 8., 11., 14., and

17.have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people.

22. One or more of the people listed in Item Numbers 8., 11., 14., and 17. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents.

Name

Federal Income Tax Return Information

23.a. Have you filed a Federal income tax return for each of the

three most recent tax years?

Yes

No

 

NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year.

23.b. (Optional) I have attached photocopies or transcripts of my Federal income tax returns for my second and third most recent tax years.

My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:

 

Tax Year

 

Total Income

24.a. Most Recent

 

$

 

24.b. 2nd Most Recent

 

$

 

 

 

24.c. 3rd Most Recent

 

$

 

 

 

 

 

 

 

25. I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this.

Part 7. Use of Assets to Supplement Income

(Optional)

If your income, or the total income for you and your household, from Part 6., Item Numbers 20. or 24.a. - 24.c., exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.

Your Assets (Optional)

1.Enter the balance of all savings and checking accounts.

$

2.Enter the net cash value of real-estate holdings. (Net value means current assessed value minus mortgage debt.)

$

3.Enter the net cash value of all stocks, bonds, certificates of deposit, and any other assets not already included in Item Number 1. or Item Number 2.

$

4.Add together Item Numbers 1. - 3. and enter the number

here.

TOTAL: $

 

Assets from Form I-864A, Part 4., Item Number 3.d., for:

5.a. Name of Relative

5.b. Your household member's assets from Form I-864A

(optional).$

Assets of the principal sponsored immigrant (optional).

The principal sponsored immigrant is the person listed in Part 2., Item Numbers 1.a. - 1.c. Only include the assets if the principal immigrant is being sponsored by this affidavit of support.

6.Enter the balance of the principal immigrant's savings and

checking accounts.

$

 

7.Enter the net cash value of all the principal immigrant's real estate holdings. (Net value means investment value

minus mortgage debt.)

$

 

8.Enter the current cash value of the principal immigrant's stocks, bonds, certificates of deposit, and other assets not included in Item Number 6. or Item Number 7.

$

Form I-864 10/15/19

Page 5 of 10

 

Household Size

 

 

Poverty Guideline

Sponsor's Household Income

Remarks

For

1

2

3

 

 

Year: 2 0

(Page 5, Line 10)

 

 

 

 

 

 

USCIS

4

5

6

 

 

$

 

 

 

 

 

 

 

 

Use

 

 

 

 

 

 

 

7

8

9

 

 

Poverty Line:

The total value of all assets, line 10, must equal 5 times (3 times for spouses and children of

Only

 

 

 

 

 

 

 

 

 

 

 

USC's, or 1 time for orphans to be formally adopted in the U.S.) the difference between the

 

Other

 

 

 

$

 

 

 

 

 

 

 

 

 

 

 

 

poverty guidelines and the sponsor's household income, line 10.

 

 

 

 

 

 

 

 

 

 

 

 

Part 7. Use of Assets to Supplement Income

What If I Choose Not to Sign Form I-864?

(Optional) (continued)

 

 

The U.S. Government cannot make you sign Form 1-864 if you

9.

Add together Item Numbers 6. - 8. and enter the number

do not want to do so. But if you do not sign Form I-864, the

intending immigrant may not become a lawful permanent

 

here.

$

 

 

 

 

 

resident in the United States.

 

 

 

 

 

 

 

Total Value of Assets

 

 

What Does Signing Form I-864 Require Me To Do?

 

 

 

 

10.

Add together Item Numbers 4., 5.b., and 9. and enter the

If an intending immigrant becomes a lawful permanent resident

 

number here.

 

 

 

 

 

in the United States based on a Form I-864 that you have

 

TOTAL: $

 

 

 

 

 

signed, then, until your obligations under Form I-864 terminate,

 

 

 

 

 

 

 

 

you must:

Part 8. Sponsor's Contract, Statement, Contact

Information, Declaration, Certification, and

Signature

NOTE: Read the Penalties section of the Form I-864 Instructions before completing this part.

Sponsor's Contract

Please note that, by signing this Form I-864, you agree to assume certain specific obligations under the Immigration and Nationality Act (INA) and other Federal laws. The following paragraphs describe those obligations. Please read the following information carefully before you sign Form I-864. If you do not understand the obligations, you may wish to consult an attorney or accredited representative.

What is the Legal Effect of My Signing Form I-864?

If you sign Form I-864 on behalf of any person (called the intending immigrant) who is applying for an immigrant visa or for adjustment of status to a lawful permanent resident, and that intending immigrant submits Form I-864 to the U.S. Government with his or her application for an immigrant visa or adjustment of status, under INA section 213A, these actions create a contract between you and the U.S. Government. The intending immigrant becoming a lawful permanent resident is the consideration for the contract.

Under this contract, you agree that, in deciding whether the intending immigrant can establish that he or she is not inadmissible to the United States as a person likely to become a public charge, the U.S. Government can consider your income and assets as available for the support of the intending immigrant.

A.Provide the intending immigrant any support necessary to maintain him or her at an income that is at least 125 percent of the Federal Poverty Guidelines for his or her household size (100 percent if you are the petitioning sponsor and are on active duty in the U.S. Armed Forces or U.S. Coast Guard, and the person is your husband, wife, or unmarried child under 21 years of age); and

B.Notify U.S. Citizenship and Immigration Services (USCIS) of any change in your address, within 30 days of the change, by filing Form I-865.

What Other Consequences Are There?

If an intending immigrant becomes a lawful permanent resident in the United States based on a Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, the U.S. Government may consider (deem) your income and assets as available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for state or local means-tested public benefits, if the state or local government's rules provide for consideration (deeming) of your income and assets as available to the person.

This provision does not apply to public benefits specified in section 403(c) of the Welfare Reform Act such as emergency Medicaid, short-term, non-cash emergency relief; services provided under the National School Lunch and Child Nutrition Acts; immunizations and testing and treatment for communicable diseases; and means-tested programs under the Elementary and Secondary Education Act.

What If I Do Not Fulfill My Obligations?

If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support.

Form I-864 10/15/19

Page 6 of 10

Part 8. Sponsor's Contract, Statement, Contact

Information, Declaration, Certification, and

Signature (continued)

If a Federal, state, local, or private agency provided any covered means-tested public benefit to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount that the agency believes you owe.

If you are sued, and the court enters a judgment against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees.

If you do not file a properly completed Form I-865 within 30 days of any change of address, USCIS may impose a civil fine for your failing to do so.

When Will These Obligations End?

Your obligations under a Form I-864 that you signed will end if the person who becomes a lawful permanent resident based on that affidavit:

A.Becomes a U.S. citizen;

B.Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;

C.No longer has lawful permanent resident status and has departed the United States;

D.Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or

E.Dies.

NOTE: Divorce does not terminate your obligations under Form I-864.

Your obligations under a Form I-864 that you signed also end if you die. Therefore, if you die, your estate is not required to take responsibility for the person's support after your death. However, your estate may owe any support that you accumulated before you died.

Sponsor's Statement

NOTE: Select the box for either Item Number 1.a. or 1.b. If applicable, select the box for Item Number 2.

1.a.

I can read and understand English, and I have read

 

and understand every question and instruction on this

 

affidavit and my answer to every question.

1.b.

The interpreter named in Part 9. read to me every

 

question and instruction on this affidavit and my

 

answer to every question in

 

 

 

 

 

,

 

a language in which I am fluent, and I understood

 

everything.

2.

At my request, the preparer named in Part 10.,

 

 

,

 

prepared this affidavit for me based only upon

 

information I provided or authorized.

Sponsor's Contact Information

3.Sponsor's Daytime Telephone Number

4.Sponsor's Mobile Telephone Number (if any)

5.Sponsor's Email Address (if any)

Sponsor's Declaration and Certification

Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS or the U.S. Department of State (DOS) may require that I submit original documents to USCIS or DOS at a later date. Furthermore, I authorize the release of any information from any and all of my records that USCIS or DOS may need to determine my eligibility for the benefit that I seek.

I furthermore authorize release of information contained in this affidavit, in supporting documents, and in my USCIS or DOS records, to other entities and persons where necessary for the administration and enforcement of U.S. immigration law.

I certify, under penalty of perjury, that all of the information in my affidavit and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my affidavit and that all of this information is complete, true, and correct.

A.I know the contents of this affidavit of support that I signed;

B.I have read and I understand each of the obligations described in Part 8., and I agree, freely and without any mental reservation or purpose of evasion, to accept each of those obligations in order to make it possible for the immigrants indicated in Part 3. to become lawful permanent residents of the United States;

C.I agree to submit to the personal jurisdiction of any Federal or state court that has subject matter jurisdiction of a lawsuit against me to enforce my obligations under this Form I-864;

Form I-864 10/15/19

Page 7 of 10

Part 8. Sponsor's Contract, Statement, Contact Information, Declaration, Certification, and

Signature (continued)

D.

Each of the Federal income tax returns submitted in

 

support of this affidavit are true copies, or are

 

unaltered tax transcripts, of the tax returns I filed

 

with the IRS;

Interpreter's Mailing Address

3.a. Street Number

and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

E.

I understand that, if I am related to the sponsored

 

immigrant by marriage, the termination of the

 

marriage (by divorce, dissolution, annulment, or

 

other legal process) will not relieve me of my

 

obligations under this Form I-864; and

F.

I authorize the Social Security Administration to

 

release information about me in its records to

 

USCIS and DOS.

3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

3.e. ZIP Code

Sponsor's Signature

6.a. Sponsor's Signature

6.b. Date of Signature (mm/dd/yyyy)

NOTE TO ALL SPONSORS: If you do not completely fill out this affidavit or fail to submit required documents listed in the Instructions, USCIS or DOS may deny your affidavit.

Part 9. Interpreter's Contact Information, Certification, and Signature

Provide the following information about the interpreter.

Interpreter's Full Name

1.a. Interpreter's Family Name (Last Name)

1.b. Interpreter's Given Name (First Name)

2.Interpreter's Business or Organization Name (if any)

Interpreter's Contact Information

4.Interpreter's Daytime Telephone Number

5.Interpreter's Mobile Telephone Number (if any)

6.Interpreter's Email Address (if any)

Interpreter's Certification

I certify, under penalty of perjury, that:

I am fluent in English and

 

,

which is the same language specified in Part 8., Item Number 1.b., and I have read to this sponsor in the identified language every question and instruction on this affidavit and his or her answer to every question. The sponsor informed me that he or she understands every instruction, question, and answer on the affidavit, including the Sponsor's Declaration and Certification, and has verified the accuracy of every answer.

Interpreter's Signature

7.a. Interpreter's Signature

7.b. Date of Signature (mm/dd/yyyy)

Form I-864 10/15/19

Page 8 of 10

Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Affidavit, if Other Than the Sponsor

Provide the following information about the preparer.

Preparer's Full Name

1.a. Preparer's Family Name (Last Name)

1.b. Preparer's Given Name (First Name)

2.Preparer's Business or Organization Name (if any)

Preparer's Mailing Address

3.a. Street Number

and Name

3.b. Apt. Ste. Flr.

3.c. City or Town

Preparer's Statement

7.a.

I am not an attorney or accredited representative but

 

have prepared this affidavit on behalf of the sponsor

 

and with the sponsor's consent.

7.b.

I am an attorney or accredited representative and my

 

representation of the sponsor in this case

 

extends

does not extend beyond the

preparation of this affidavit.

NOTE: If you are an attorney or accredited representative, you may be obliged to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, with this affidavit.

Preparer's Certification

By my signature, I certify, under penalty of perjury, that I prepared this affidavit at the request of the sponsor. The sponsor then reviewed this completed affidavit and informed me that he or she understands all of the information contained in, and submitted with, his or her affidavit, including the

3.d. State

3.f. Province

3.g. Postal Code

3.h. Country

3.e. ZIP Code

Sponsor's Declaration and Certification, and that all of this information is complete, true, and correct. I completed this affidavit based only on information that the sponsor provided to me or authorized me to obtain or use.

Preparer's Signature

8.a. Preparer's Signature

Preparer's Contact Information

4.Preparer's Daytime Telephone Number

5.Preparer's Mobile Telephone Number (if any)

6.Preparer's Email Address (if any)

8.b. Date of Signature (mm/dd/yyyy)

Form I-864 10/15/19

Page 9 of 10

Part 11. Additional Information

If you need extra space to provide any additional information within this affidavit, use the space below. If you need more space than what is provided, you may make copies of this page to complete and file with this affidavit or attach a separate sheet of paper. Type or print your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.

1.a. Family Name

(Last Name)

1.b. Given Name

(First Name)

1.c. Middle Name

2.A-Number (if any)

► A-

3.a. Page Number 3.b. Part Number 3.c. Item Number

3.d.

4.a. Page Number 4.b. Part Number 4.c. Item Number

4.d.

5.a. Page Number 5.b. Part Number 5.c. Item Number

5.d.

6.a. Page Number 6.b. Part Number 6.c. Item Number

6.d.

7.a. Page Number 7.b. Part Number 7.c. Item Number

7.d.

Form I-864 10/15/19

Page 10 of 10
Click for PDF Form

File Characteristics

Fact Name Detail
Form Title Form I-864, Affidavit of Support Under Section 213A of the INA
Purpose To demonstrate that an immigrant has adequate means of financial support and is not likely to become a public charge.
Who Files A U.S. citizen or lawful permanent resident sponsor.
When to File When the sponsored immigrant is applying for an immigrant visa or adjustment of status.
USCIS Website Official instructions and form available for download.
Governing Law(s) Section 213A of the Immigration and Nationality Act (INA).
Validity Generally valid until the sponsored immigrant becomes a U.S. citizen, can be credited with 40 quarters of work, dies, or permanently leaves the United States.
State-Specific Forms Not applicable; Form I-864 is a federal form and does not have state-specific versions.
Filing Fee There is no fee to file Form I-864 with USCIS for most applicants, but fees may apply for processing the immigrant visa overseas.

Steps to Writing USCIS I-864

After deciding to sponsor a relative for residency in the United States, the next crucial step involves completing the USCIS I-864 form, also known as the Affidavit of Support. This document is a legally binding contract between the sponsor and the U.S. government, ensuring that the immigrant will not rely on public benefits, as the sponsor agrees to support them financially. Proper completion of the form is vital to prevent delays or denials in the application process. The following instructions will guide you through each necessary step to fill out the form accurately.

  1. Start by downloading the most current version of the I-864 form from the official USCIS website to ensure you're working with the correct document.
  2. Read the instructions provided by USCIS carefully before beginning to fill out the form. Understanding the requirements can assist in preventing common mistakes.
  3. Provide your full legal name, including any middle names, in the section labeled "Part 1. Information About You."
  4. Enter your complete mailing address, including street name, number, city, state, and ZIP code. If you reside outside of the United States, include your country of residence and postal code.
  5. For the question regarding your citizenship or residency status, mark the appropriate box that describes your status, such as U.S. citizen, Legal Permanent Resident, or U.S. National.
  6. Supply your date of birth, city of birth, country of birth, and Social Security Number (SSN) in the designated fields.
  7. Part 2 asks for information about the immigrants you are sponsoring. Insert the full name of the relative you are sponsoring. If you are sponsoring more than one person, use the additional spaces provided to list each person, including children.
  8. In "Part 3. Your Income and Employment," disclose your current employment status. If employed, provide the name and address of your employer, job title, and the date you started working there.
  9. Enter your total income as reported on your most recent federal income tax return. Ensure that this amount meets or exceeds the 125% of the poverty guidelines for your household size, unless you are on active duty in the Armed Forces and sponsoring a spouse or child, in which case the requirement is 100%.
  10. Count your household size accurately in "Part 5. Sponsors Household Size." Include yourself, your dependents, any relatives living with you, and the immigrants you are sponsoring.
  11. If your income does not meet the minimum requirement, you have the option to include the value of your assets in "Part 6. Use of Assets to Supplement Income." Assets can include savings, real estate, stocks, and bonds.
  12. Read the "Part 8. Sponsor's Contract, Statement, Contact Information, Certification, and Signature" thoroughly. By signing the document, you are agreeing to accept legal responsibility for the financial support of the sponsored immigrant(s).
  13. Don't forget to date your signature and provide a phone number and email address where you can be reached.
  14. If you used an interpreter to understand or fill out the form, or if someone else prepared the form on your behalf, ensure that Parts 9 and 10 are completed, respectively, including their contact information and signatures.

After you have completed and reviewed the I-864 form for accuracy and completeness, attach any required supporting documents. These may include your most recent federal income tax return, proof of your U.S. citizenship or legal permanent resident status, and proof of your income. Mail the form and supporting documentation to the address provided in the USCIS I-864 instructions. Completing the I-864 form accurately and providing all necessary documents is a critical step in supporting your relative’s application for U.S. residency, and taking the time to do so carefully can contribute to a smoother process.

Important Details about USCIS I-864

What is the purpose of the USCIS I-864 form?

The USCIS I-864 form, also known as the Affidavit of Support, serves a crucial role in the immigration process, ensuring that immigrants have adequate financial support and are not likely to become a public charge. This legally enforceable contract is provided by the sponsor, who must demonstrate the ability to maintain the immigrant at an income level of at least 125% of the Federal Poverty Guidelines. It's a commitment to support the immigrant financially, ensuring the government that the immigrant has sufficient means of support and is not likely to rely on public benefits.

Who needs to fill out the USCIS I-864 form?

U.S. citizens or lawful permanent residents who are sponsoring a family member for permanent residency (a green card) need to fill out the USCIS I-864 form. This requirement includes petitioners of family-based immigrants, and in some cases, the sponsors of employment-based immigrants when a family member has petitioned for the immigrant or has a significant ownership interest in the entity that is petitioning for the immigrant. Any petitioner of a family-based visa must submit this affidavit of support regardless of their income level.

What documents are required to accompany the I-864 form?

When submitting the I-864 form, several documents are typically required to establish the sponsor's ability to support the immigrant. These usually include the most recent year's federal income tax return, proof of current employment (e.g., recent pay stubs), and evidence of U.S. citizenship or lawful permanent resident status. Depending on specific circumstances, additional documents such as tax transcripts, W-2s, or 1099s, proof of assets, and letters from banks or employers might also be required to provide a full financial picture.

Is it possible to withdraw the I-864 once it has been submitted?

Yes, it is possible to withdraw the I-864 form before the immigrant becomes a lawful permanent resident and the USCIS finalizes the decision on the green card application. The sponsor must formally request the withdrawal in writing. However, once the immigrant has been granted permanent residency, the sponsor's obligations under the I-864 typically last until the immigrant becomes a U.S. citizen, works for 40 qualifying quarters in the United States, permanently leaves the U.S., or passes away.

Common mistakes

Filling out the USCIS I-864 form, also known as the Affidavit of Support, is a critical step for individuals sponsoring a family member for a U.S. green card. Unfortunately, errors can easily creep in during this process. One common mistake is not understanding the sponsor's income requirements. Sponsors must meet or exceed 125% of the Federal Poverty Guidelines for their household size, yet many fail to calculate this accurately, leading to unnecessary delays or denials.

Another area where errors frequently occur is in the mismatching of information with other forms. It's crucial that all details on the I-864 align perfectly with those on the immigrant's visa application and other related documents. Discrepancies, even minor ones such as variations in name spelling or date formats, can raise red flags during the review process.

Additionally, sponsors often submit incomplete forms, missing out on one or more required fields. Given the form's complexity and the extensive nature of the information it requests, overlooking sections is not uncommon. However, this can lead to the form being returned or rejected outright.

A critical mistake is failing to include necessary supporting documents. The I-864 form requires various documents to substantiate the sponsor's income and assets, such as tax returns, employment letters, and bank statements. Neglecting to attach these documents or submitting insufficient evidence can weaken the application significantly.

Some individuals also incorrectly assume they don't need a joint sponsor when their income does not meet the required threshold. Understanding when it's necessary to enlist additional financial support from a joint sponsor can be the difference between approval and denial of the affidavit.

Another frequent oversight is not updating the form when circumstances change. If a sponsor’s financial situation or household size changes after submitting the form but before the immigration process is complete, the submitted I-864 becomes inaccurate, potentially affecting the outcome of the application.

Choosing the wrong version of the form can also derail the application process. The USCIS regularly updates its forms, and using an outdated version can result in the submission being rejected. Always download the latest version from the official USCIS website to avoid this pitfall.

Finally, a simple but often overlooked error is poor presentation of the completed form. This includes handwritten submissions that are hard to read, failure to sign or date the form, or even using incorrect ink colors. Such seemingly minor details can impact the review process adversely, emphasizing the need for careful and attentive filling out of the I-864.

Understanding and avoiding these common mistakes can significantly smooth the path for a family member's immigration process, reducing delays and increasing the likelihood of a successful outcome.

Documents used along the form

When an individual undergoes the process of sponsoring a family member for permanent residency in the United States, the USCIS Form I-864, Affidavit of Support under Section 213A of the Act, is a pivotal document. This form is a legally enforceable contract between the sponsor and the U.S. government, ensuring that the immigrant does not rely on public benefits. Alongside the I-864, several other documents are typically required to complete the application process effectively.

  1. Form I-485, Application to Register Permanent Residence or Adjust Status: This form is used by an applicant who is already in the United States to apply for legal permanent resident status. It is often filed concurrently with or subsequent to the I-864 to adjust the applicant's status to a lawful permanent resident.
  2. Form I-130, Petition for Alien Relative: This form establishes the relationship between the sponsor (a U.S. citizen or lawful permanent resident) and the immigrant. It must be approved before proceeding with an I-864 form.
  3. Form I-864A, Contract Between Sponsor and Household Member: When the main sponsor does not meet the income requirements alone, this form allows a household member’s income to be combined with the sponsor’s income. It solidifies the agreement that the household member will support the immigrant, along with the primary sponsor.
  4. Form I-864EZ, Affidavit of Support under Section 213A of the Act: This is a simplified version of the Form I-864 for sponsors whose financial support is based solely on their salary or pension and who are sponsoring only one immigrant, who is a relative.
  5. Form I-693, Report of Medical Examination and Vaccination Record: Typically required to be submitted after filing the I-485, this form provides proof that the immigrant has met certain health and vaccination requirements.

Together, these documents form a comprehensive package, addressing various facets of the application process for permanent residency. Each plays a crucial role in ensuring that the process progresses smoothly and efficiently, from establishing familial relationships and fulfilling financial obligations to meeting health requirements.

Similar forms

The USCIS I-864 form, or Affidavit of Support, plays a crucial role in the immigration process, ensuring that immigrants have financial support in the United States. A similar document within the realm of immigration is the I-134, Affidavit of Support for non-immigrant visas. Though both serve as financial assurances, the I-134 is utilized for temporary visits, whereas the I-864 is mandatory for family-based immigrants and some employment-based immigrants to demonstrate they won’t become public charges.

Comparable to a cosigner on a loan, the Form I-864 binds the sponsor to support the immigrant financially. This mirrors the nature of a loan guarantee agreement, where a guarantor promises to take on the financial obligations of the borrower if they fail to repay the loan. Both documents create a legal obligation for someone besides the primary party to ensure financial responsibility is met.

In the business sphere, the I-864 form can be likened to a corporate guarantee, which is used when a parent company agrees to fulfill the debts of a subsidiary in case of financial difficulty. Like the I-864 requires a sponsor to cover financial shortfalls for the immigrant, a corporate guarantee ensures a subsidiary is financially backstopped by its more robust parent company, offering a safety net to creditors.

Within the immigration system itself, there’s a similarity to the DS-260, Immigrant Visa Electronic Application. Both the I-864 and DS-260 are steps in obtaining lawful permanent residency, but while the I-864 focuses on financial support, the DS-260 collects biographic details to process an individual’s visa application. They are complementary pieces of the puzzle in the journey toward permanent residency.

Analogous in commitment to insurance underwriting, where an insurer assumes financial risk in exchange for premiums, the I-864 represents a sponsor's promise to financially support an immigrant, essentially ensuring the U.S. government against the potential cost of the immigrant becoming dependent on public funds. Both arrangements involve assessing and taking on financial risk with specific conditions.

In family law, a comparison can be drawn to child support agreements, which legally obligate a parent to provide financial support for their child. Similarly, the I-864 commits a sponsor to financially back an immigrant, though in this case, the relationship need not be familial. Both are legally enforceable, ensuring that the responsible party provides specified economic support.

The I-864 also shares characteristics with a maintenance agreement, commonly used in situations where one party agrees to upkeep something for another—be that property, software, or something else. In the context of the I-864, the "maintenance" is financial support, ensuring that the immigrant's basic needs are met, not unlike ensuring the operational efficiency of a piece of equipment or system through regular maintenance.

Lastly, from a contractual obligation standpoint, the I-864 is related to a binding financial agreement (BFA), often used in family law to document the division of assets and financial resources upon the breakdown of a marriage or de facto relationship. While the BFA deals with the separation of financial obligations, the I-864 form establishes a promise of financial support, showcasing how legal documents can bind individuals to financial commitments in various personal and professional contexts.

Dos and Don'ts

When completing the USCIS I-864 form, a crucial step in sponsoring a relative for United States residency, attention to detail and accuracy are paramount. The form serves as an Affidavit of Support, proving that the immigrant will not rely on government assistance due to the financial backing of the sponsor. Adhering to a set of guidelines can make the difference between approval and rejection. Below are essential do's and don'ts to consider:

Things You Should Do
  • Provide accurate information: Ensure all personal and financial data reflects your current situation accurately. Mistakes or inaccuracies can lead to delays or denials.
  • Include all required documents: Attach all necessary supporting documents, such as federal tax returns, W-2s, and proof of citizenship or permanent resident status. These documents are vital for verifying the information you provide on the form.
  • Use the most recent form version: Always download the I-864 form directly from the USCIS website to ensure you are using the latest version. USCIS updates forms periodically, and submissions on outdated forms will not be accepted.
  • Sign and date the form: A common oversight is forgetting to sign and date the form. An unsigned form is considered incomplete and will be rejected.
Things You Shouldn't Do
  • Leave sections blank: Instead of leaving a section blank, write "N/A" (not applicable) or "None" if the question does not apply to you. Blank sections can raise questions about completeness.
  • Estimate financial information: You must provide actual figures based on your most recent tax return and current earnings. Estimates can lead to inaccuracies and potential issues with the affidavit's validity.
  • Fail to update personal information: If any personal information changes after you have submitted the I-864 form, you must inform USCIS immediately. Keeping information current is crucial for the processing of the application.
  • Overlook the income requirement: The sponsor must meet or exceed the 125% income requirement of the Federal Poverty Guidelines for their household size, excluding the sponsored immigrant(s). Not meeting this requirement can result in the need for a joint sponsor.

Misconceptions

When it comes to the USCIS I-864 form, otherwise known as the Affidavit of Support, several misconceptions often arise. This form plays a crucial role in family-based and some employment-based immigration processes, ensuring that immigrants have adequate financial support in the United States. Below are ten common misconceptions about the I-864 form clarified for a better understanding:

  • Signing an I-864 form is a lifelong commitment. The obligation to support the immigrant generally lasts until they become a U.S. citizen, can be credited with 40 quarters of work (usually 10 years), leave the United States permanently, or pass away. Divorce does not terminate this obligation.
  • The form is only for poor applicants. Regardless of the immigrant's financial status, the I-864 is required for all family-based immigration petitions and some employment-based petitions when a relative has filed the petition or has a significant ownership interest in the petitioning entity.
  • Assets cannot be used to meet the income requirement. Assets, such as savings, property, and stocks, can be used to meet the income requirements under certain conditions. They may need to have a value equal to at least three times the difference between the sponsor's income and the poverty guideline for the household size.
  • Only U.S. citizens can act as sponsors. U.S. permanent residents (green card holders) can also be sponsors by submitting an I-864 form when they petition for a relative.
  • You can't have a joint sponsor. If the primary sponsor does not meet the income requirements, a joint sponsor who can meet these requirements independently can also file an I-864, assuming full legal responsibility for financially supporting the sponsored immigrant.
  • The sponsor must provide support at 125% of the federal poverty guidelines regardless of actual living costs. The sponsor's income must be at or above 125% of the federal poverty guidelines for most applicants. However, this figure is based on household size and location, and not on the immigrant's actual living expenses.
  • Submitting the form is just a formality and not legally binding. The I-864 is a legally enforceable contract between the sponsor and the U.S. government. If the immigrant receives certain types of public assistance, the agency providing the assistance can sue the sponsor to recover the cost.
  • If you lose your job, you are immediately released from your commitment. The commitment to financially support the immigrant remains even if the sponsor's financial circumstances change, such as through job loss or significant decreases in income.
  • Only the sponsor's income is considered. The sponsor can also include the income of household members who are related by birth, marriage, or adoption, as long as they have signed an I-864A, Contract Between Sponsor and Household Member, making their income and assets available for support.
  • The form is not needed if the immigrant won't be applying for public benefits. The purpose of the form is not only tied to the issue of public benefits. It's required to show the U.S. government that the immigrant has adequate financial support and is not likely to become a public charge, regardless of whether they intend to apply for public benefits.

Understanding these points can help sponsors and immigrants alike navigate the complexities of the immigration process with more confidence and ensure compliance with all legal obligations.

Key takeaways

When filing the USCIS I-864 form, also known as the Affidavit of Support, there are several important points to keep in mind. This form plays a crucial role in the process for sponsoring relatives to become permanent residents of the United States. Whether you're a family member looking to support a relative's immigration application or an applicant yourself, understanding these key aspects can help streamline the process.

  • Accuracy is crucial: Each piece of information provided on the I-864 form must be accurate and truthful. Incorrect information can lead to delays or even the rejection of the application. Always double-check the information before submission.
  • Proof of income is mandatory: Sponsors must provide evidence of their income to prove they can support the immigrant. This typically involves submitting tax returns, W-2s, and other financial documents. Make sure these documents are readily available and current.
  • Income requirements: The sponsor’s income must meet or exceed 125% of the Federal Poverty Guidelines for their household size, including the intending immigrant. It’s important to check the most recent guidelines to ensure compliance.
  • Joint sponsors may be needed: If the primary sponsor does not meet the income requirements, a joint sponsor who can meet the financial thresholds may be necessary. Both sponsors are legally responsible for the financial support of the immigrant.
  • Legal obligations: By signing the I-864 form, the sponsor commits to financially supporting the sponsored immigrant until they become U.S. citizens, or can be credited with 40 quarters of work (typically 10 years). This is a legally binding commitment.
  • Change of address must be reported: If the sponsor changes their address after the form has been submitted, they are required by law to inform USCIS within 30 days of the move. This is to ensure that all parties remain in compliance with the terms of the Affidavit of Support.
  • Duration of support: The sponsorship obligation generally lasts until the immigrant becomes a U.S. citizen, leaves the United States permanently, or accumulates 40 quarters of work. In some cases, such as if the immigrant receives certain types of government assistance, the sponsor could be asked to repay the cost.
  • Withdrawal of support is limited: Once the I-864 form is submitted, withdrawing support is not straightforward. The sponsor may only withdraw their support under very specific conditions, and before the immigrant has been granted permanent resident status.

Filling out the I-864 form is a significant step in the immigration process, carrying long-term financial responsibilities for the sponsor. It’s essential to thoroughly understand these commitments and ensure all requirements are met to support a successful immigration application for your relative.

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