The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document required for certain immigration processes in the United States. This form demonstrates that a sponsor has the financial means to support an immigrant, ensuring they do not become reliant on public assistance. Understanding how to accurately complete the I-864 is essential for both sponsors and applicants.
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The USCIS I-864 form, also known as the Affidavit of Support, plays a crucial role in the immigration process for many individuals seeking to bring family members to the United States. This form is designed to demonstrate that the sponsor has the financial means to support the immigrant, ensuring that they will not become a public charge. It requires the sponsor to provide detailed information about their income, assets, and household size, along with evidence of their financial stability. The I-864 form is not just a bureaucratic requirement; it serves to protect both the immigrant and the U.S. government by ensuring that the immigrant has adequate financial backing. Sponsors must also be U.S. citizens or lawful permanent residents and meet specific income thresholds, which are generally set at 125% of the federal poverty guidelines. This process can seem daunting, but understanding the major components of the I-864 form is essential for anyone looking to navigate the immigration system effectively.
Affidavit of Support Under Section 213A of the INA
USCIS
Department of Homeland Security
Form I-864
OMB No. 1615-0075
U.S. Citizenship and Immigration Services
Expires 10/31/2027
Affidavit of Support Submitter
Section 213A Review
Number of Support Affidavits in File
For
Petitioner
MEETS
DOES NOT MEET
1
2
1st Joint Sponsor
requirements
Remarks
Use
2nd Joint Sponsor
Reviewed By:
Only
Substitute Sponsor
Office:
5% Owner
Date (mm/dd/yyyy):
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.
1.c.
1.d.
1.e.
1.f.
I filed an alien worker petition on behalf of the intending immigrant,who is related to me as my
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
I am the only joint sponsor.
I am the first second of two joint sponsors.
The original petitioner is deceased. I am the substitute sponsor. I am the intending immigrant's
NOTE: As a sponsor, you must include proof of your U.S. citizenship, U.S. national status, or lawful permanent resident status.
Part 2. Information About You (Sponsor)
1.Sponsor's Full Legal Name (Do not provide a nickname)
Family Name (Last Name)
Given Name (First Name)
Middle Name (if applicable)
Form I-864 Edition 10/17/24
Page 1 of 12
Part 2. Information About You (Sponsor) (continued)
2.Sponsor's Current Mailing Address In Care Of Name (if any)
Street Number and Name
Apt. Ste. Flr.
Number
City or Town
State
ZIP Code
Province
Postal Code
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 Number 4.
4.Sponsor's Physical Address (if different from the address above)
Other Information
5.
Country of Domicile
6.
Date of Birth (mm/dd/yyyy) 7.
Country of Birth
8.U.S. Social Security Number (Required)
►
9.Immigration Status
I am a U.S. citizen.
I am a U.S. national.
I am a lawful permanent resident.
10.Sponsor's A-Number (if any)
► A-
11.USCIS Online Account Number (if any)
Military Service (To be completed by petitioner sponsors only.)
12. I am currently on active duty in the United States Armed Forces or U.S. Coast Guard.
Page 2 of 12
Part 3. Information About the Principal Immigrant
1.Principal Immigrant's Full Legal Name (Do not provide a nickname)
2.Current Mailing Address In Care Of Name (if any)
Apt. Ste. Flr. Number
3.Country of Citizenship or Nationality
5.Alien Registration Number (A-Number) (if any)
7.Daytime Telephone Number
4.Date of Birth (mm/dd/yyyy)
6.USCIS Online Account Number (if any)
Part 4. Information About the Immigrants You Are Sponsoring
1.I am sponsoring the principal immigrant named in Part 3.
2.
No, I am sponsoring family members in Part 4. as the second joint sponsor or I am sponsoring family members
who are immigrating more than six months after the principal immigrant.
I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 3. (List family members in Item Numbers 4. - 7. 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. (List family members in Item Numbers 4. - 7.)
4. Family Member 1
Relationship to Principal Immigrant
Date of Birth (mm/dd/yyyy) Alien Registration Number (A-Number, if any)
USCIS Online Account Number (if any) ►
Page 3 of 12
Part 4. Information About the Immigrants You Are Sponsoring (continued)
Family Member 2
Date of Birth (mm/dd/yyyy)
Alien Registration Number (A-Number, if any)
Family Member 3
7.
Family Member 4
If you need additional space, use the space provided in Part 11. Additional Information.
Page 4 of 12
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:
1.Enter the total number of immigrants you are sponsoring on this affidavit which includes the principal immigrant listed in Part 3., any immigrants listed in Part 4., Item Numbers 4. - 7. and, any additional sponsored immigrants you listed in Part 11. Additional Information. Do not count the principal immigrant if you are only sponsoring family members entering more than six months after the principal immigrant.
Persons NOT sponsored in this affidavit:
2.Yourself.
3.If you are currently married, enter "1" for your spouse. (NOTE: Enter “0” if you already counted your spouse in Item Number 1.)
4.If you have dependent children, enter the number here. (NOTE: Enter “0” if you already counted your dependent children in Item Number 1.)
5.If you have any other dependents, enter the number here. (NOTE: Enter “0” if you already counted your other dependents in Item Number 1.)
6.If you have sponsored any other persons on Form I-864 or Form I-864EZ who are now lawful permanent residents and you are still obligated to support, enter the number here. (NOTE: Enter “0” if you already counted these persons in Item Number 1.)
7.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. (NOTE: Enter “0” if you already counted these persons in Item Number 1.)
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
Name of Employer 1
Name of Employer 2 (if applicable)
4.
Self-Employed as a/an (Occupation)
Retired Since (mm/dd/yyyy)
Unemployed Since (mm/dd/yyyy)
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.
Page 5 of 12
Part 6. Sponsor's Employment and Income (continued)
8.Person 1
Name
Relationship
Current Income
9.Person 2
10.Person 3
11.Person 4
If you need additional space, use the space provided in Part 11. Additional Information
12. My Current Annual Household Income (Total all lines from Part 6. Item Numbers 7. - 11.;
the total will be compared to Federal Poverty Guidelines on Form I-864P.)
13.
14.
The people listed in Item Numbers 8. - 11. have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people.
One or more of the people listed in Item Numbers 8. - 11. do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents.
Federal Tax Return Information
15. Have you filed a Federal income tax return for each of the three most recent tax years?
NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year and complete Item Number 16.a. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years and complete
Item Numbers 16.a. - 16.c.
Type or print the most recent tax year and your total income for that most recent tax year. If the amount was zero, type or print “zero” or if you were not required to file a Federal income tax return type or print “N/A” for not applicable. Type or print “N/A” for not applicable for Item Numbers 16.b. - 16.c. if you do are not submitting any additional tax returns.
Page 6 of 12
My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal income tax returns for the most recent year was:
16.a. Most Recent 16.b. 2nd Most Recent 16.c. 3rd Most Recent
Tax Year
Total Income
17.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.
Household Size
Poverty Guideline
Sponsor's Household Income
3
Year:
2 0
(Page 5, Line 10)
4
5
6
7
8
9
Poverty Line:
The total value of all assets, line 10, must equal 5 times (3 times for spouses and children of
USCs, 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 (if Applicable)
If your income, or the total income for you and your household, from Part 6., Item Numbers 12. or 16. exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part 7. Skip to Part 8.
Your Assets (if applicable)
Enter the balance of all cash, savings, and checking accounts.
Enter the net cash value of real-estate holdings. (Net value means 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.
Assets of your household members (if applicable)
Your household members who are combining their income with yours, report their assets on Form I-864A Part 4., in Item Number 6.
5. Add together the household members' assets reported on all the Form I-864A
TOTAL: $
Part 4., Item Number 6. and enter the number here.
Page 7 of 12
Part 7. Use of Assets to Supplement Income (if Applicable) (continued)
Assets of the principal sponsored immigrant (if applicable).
The principal sponsored immigrant is the person listed in Part 3., Item Number 1. Only include the assets if the principal immigrant is being sponsored by this affidavit of support.
Enter the balance of the principal immigrant's savings and checking accounts.
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.
9.
Add together Item Numbers 6. - 8. and enter the number here.
Total Value of Assets
10.
Add together Item Numbers 4., 5., and 9. and enter the number here.
Part 8. Sponsor's Contract, Contact Information, 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.
What If I Choose Not to Sign Form I-864?
The U.S. Government cannot make you sign Form 1-864 if you do not want to do so. But if you do not sign Form I-864, the intending immigrant may not become a lawful permanent resident in the United States.
What Does Signing Form I-864 Require Me To Do?
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, you must:
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.
Page 8 of 12
Part 8. Sponsor's Contract, Contact Information, Certification, and Signature (continued)
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.
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.
NOTE: Select the box for either Item A. or B. in Item Number 1. If applicable, select the box for Item Number 2.
Page 9 of 12
Sponsor's Statement
1.Sponsor's Statement Regarding the Interpreter
A.
B.
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.
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.,
for me based only upon information I provided or authorized.
Sponsor's Contact Information
, prepared this affidavit
Sponsor's Daytime Telephone Number
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 of my records that USCIS or DOS may need to determine my eligibility for the immigration benefit 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 immigrant indicated in Part 3. to become a lawful permanent resident 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-864EZ;
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;
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-864EZ; and
F.I authorize the Social Security Administration to release information about me in its records to the USCIS and DOS.
Sponsor's Signature
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 request.
Page 10 of 12
Once you have gathered the necessary documents and information, you can begin filling out the USCIS I-864 form. This form is essential for those sponsoring an immigrant and requires careful attention to detail. Follow these steps to ensure accuracy and completeness.
After completing the form, ensure that you keep a copy for your records. This will be important for future reference. Once submitted, you will await further instructions from USCIS regarding the next steps in the immigration process.
The USCIS I-864 form, also known as the Affidavit of Support, is a legal document that a sponsor must complete when a foreign national is applying for a visa or green card. This form demonstrates that the sponsor has adequate income or financial resources to support the applicant, ensuring that they will not become a public charge in the United States.
The I-864 form is typically required for family-based immigration cases. If you are sponsoring a relative for a green card, such as a spouse, child, or parent, you will need to submit this form. It may also be required for certain employment-based immigration cases where the applicant is related to the sponsor.
To qualify as a sponsor, your income must meet or exceed 125% of the Federal Poverty Guidelines for your household size. If you are active duty military and sponsoring a spouse or child, the requirement is 100% of the guidelines. The specific income thresholds can change annually, so it’s important to check the current guidelines on the USCIS website.
When submitting the I-864 form, you should include:
Providing these documents helps establish your financial capability to support the applicant.
Yes, you can use assets to supplement your income if it falls short of the required amount. The total value of your assets must equal five times the difference between your income and the required level. Acceptable assets can include savings accounts, stocks, bonds, or real estate. Make sure to provide documentation proving the value of these assets.
If you do not meet the income requirements, you have a few options. You can find a joint sponsor who meets the income criteria and is willing to sign a separate I-864 form. Alternatively, you can demonstrate that you have sufficient assets to support the applicant, as mentioned earlier. Another option is to provide evidence of a steady income increase or a job offer that will raise your income.
The obligations under the I-864 form last until the sponsored immigrant becomes a U.S. citizen, has worked for 40 quarters (approximately 10 years) in the U.S., or leaves the country permanently. It’s important to understand that you are legally responsible for supporting the immigrant during this time.
If you fail to meet your obligations under the I-864 form, the sponsored immigrant may seek financial support through the courts. This could result in legal action against you to recover any government benefits the immigrant received. It’s crucial to take this responsibility seriously and ensure you can support the individual you are sponsoring.
Once the I-864 form has been submitted and accepted, you cannot withdraw it. However, if circumstances change, such as a divorce or the sponsored immigrant’s death, you may be able to terminate your support obligations. It’s advisable to consult with an immigration attorney in such cases to understand your options.
You can find the I-864 form and its instructions on the official USCIS website. It’s important to use the most current version of the form to ensure your application is processed smoothly. The website also provides additional resources and guidance to help you complete the form correctly.
Not providing accurate income information. Many individuals underestimate or overestimate their income, which can lead to complications in the application process.
Failing to include all required household members. It is crucial to list all individuals who live in the household and contribute to the income.
Omitting necessary supporting documents. Applicants often forget to attach proof of income, such as tax returns or pay stubs, which are essential for verifying financial stability.
Neglecting to sign and date the form. A missing signature can result in delays or even denials of the application.
Using outdated versions of the form. Always check for the most current version of the I-864 form on the USCIS website to avoid any issues.
The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for individuals seeking to sponsor a relative for a green card. However, it is often accompanied by several other forms and documents that help establish the sponsor's ability to support the applicant financially. Below are five important forms and documents commonly used alongside the I-864.
Understanding these accompanying forms and documents can help streamline the immigration process. Proper preparation ensures that all necessary information is submitted, reducing the likelihood of delays or complications.
The USCIS I-864 form, also known as the Affidavit of Support, is similar to the I-134 form. Both documents are used to demonstrate financial support for a visa applicant. However, the I-134 is typically used for non-immigrant visas, while the I-864 is specifically for immigrants seeking permanent residency. The I-134 requires the sponsor to prove their ability to support the applicant, but it does not create a legally binding obligation like the I-864 does.
The I-864W form is another document that shares similarities with the I-864. It is specifically designed for individuals who are exempt from the Affidavit of Support requirement. While the I-864 is used to show financial capability, the I-864W serves to confirm that certain applicants, such as those who are or will be receiving government benefits, do not need a sponsor to fulfill the financial requirement.
The I-864A form also relates closely to the I-864. This form is used when a household member of the primary sponsor wants to contribute their income to help meet the financial requirements. While the I-864 is focused on the primary sponsor’s income, the I-864A allows additional income from other household members to be considered, thus strengthening the financial case for the applicant.
The I-864P, or Poverty Guidelines, is another important document associated with the I-864. This form provides the income thresholds that sponsors must meet to successfully support a visa applicant. It outlines the minimum income levels based on household size, ensuring that sponsors understand the financial requirements necessary for the I-864 form.
The I-751 form, Petition to Remove Conditions on Residence, is another document that connects to the I-864. When a conditional resident applies to remove their conditions, they may need to submit an I-864 to prove continued financial support from their sponsor. This ensures that the applicant remains supported as they transition to permanent resident status.
The I-290B form, Notice of Appeal or Motion, can also relate to the I-864 in cases where an immigration petition is denied. If a sponsor's financial capability is questioned, an appeal may be filed, and the I-290B is used to challenge the decision. This document emphasizes the importance of financial support in the immigration process.
Lastly, the Form N-400, Application for Naturalization, is relevant to the I-864. When a permanent resident applies for citizenship, they must demonstrate that they have maintained their status and have not relied on public benefits. The I-864 plays a role in showing that the applicant has been adequately supported, thus impacting their eligibility for naturalization.
When completing the USCIS I-864 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below are some key dos and don'ts to keep in mind.
The USCIS I-864 form, also known as the Affidavit of Support, is a crucial document for immigrants seeking to adjust their status or obtain a visa. However, several misconceptions surround this form. Here are five common misunderstandings:
Many believe that submitting the I-864 ensures approval for a visa or green card. In reality, the I-864 is just one part of the application process. Approval depends on various factors, including eligibility and other supporting documents.
Some assume that only the income of the sponsor is considered. However, the income of household members and joint sponsors can also be included to meet the required financial threshold.
Many think that the sponsorship obligation ends once the immigrant becomes a citizen. In fact, the sponsor remains responsible for supporting the immigrant until they have worked for 40 quarters (approximately 10 years) or no longer need public assistance.
Some individuals believe that any income can be counted towards the support requirement. However, only certain types of income, such as salary, wages, and certain benefits, are considered. Income must also be verifiable and stable.
There is a misconception that filling out the I-864 is sufficient for support. In reality, the sponsor must provide documentation to prove income, such as tax returns and pay stubs, to substantiate the claims made on the form.
Understanding these misconceptions can help sponsors and applicants navigate the immigration process more effectively.
When filling out the USCIS I-864 form, also known as the Affidavit of Support, there are several important points to keep in mind. This form is crucial for those sponsoring a family member to immigrate to the United States. Here are key takeaways to consider:
Filling out the I-864 form correctly is vital for the immigration process. Understanding these key points can help ensure a smoother application experience.